Category — James Madison

The only way to repair our Constitution is with justices that have a deep-seated loyalty to the founding principles. The founders may have underestimated the capacity for judicial activism by a highly politicized court.   Read the rest of this entry »

Those interested in enlarging their understanding of the Constitution have a unique resource in the Pacificus - Helvidius Debates. Liberty Fund has performed a great service by bringing together, for the first time, all the documents relevant to the Debates in a single, readable volume.   Read the rest of this entry »

James takes a look at what the newly media-proclaimed "expert" (Richard Stengel) on the Constitution has to say in the most recent edition of Time magazine. (Note, Stengel's no expert, his article is rife with errors and his ideology leaks through all over it.)   Read the rest of this entry »

Individual rights were not a significant issue during the Constitutional Convention, but a Bill of Rights certainly became a major issue during ratification. Those who fought for a Bill of Rights weren’t looking for a government guarantee of an itemized list of rights. Even the anti-Federalists believed that rights came from God, not the government. These Constitutional dissenters were demanding that government be restricted from interfering with their rights. In other words, they wanted it made crystal clear where the government dare not tread.   Read the rest of this entry »

The takings clause is the people's bulwark in defense of private property. Despite its clarity, it has been a weak shield against the abusive exercise of determined power. Madison’s Convention notes show that the Framers spent little energy on rights, because delegates assumed a national government would adhere to Constitutional restrictions. We all know what happens when you assume ...   Read the rest of this entry »

Federalist No. 20 is the last in a series of 6 essays on the “Insufficiency of the Present Confederation to Preserve the Union.” In this essay, Hamilton and Madison collaborate (you can tell by the writing) to show the struggles of a contemporary confederacy, that of the Netherlands. According to Hamilton and Madison, despite its singularity, the United Netherlands were prone to the same problems which plagued the other confederacies covered in the preceding 5 essays.   Read the rest of this entry »

A few weeks back, it was my good fortune to visit Montpelier. It may have been my favorite of the presidential homes I visited (the others being Mount Vernon, Ash Lawn, and Monticello). At all of these places I especially enjoyed visiting with the guides and other folks who are clearly passionate about what they do. At Montpelier, Jim Walker generously agreed to share some of his knowledge of James Madison, the father of the Constitution.   Read the rest of this entry »

While on a recent visit to Washington D.C. on business I took a few extra days to do some sight-seeing and happened by the American History Museum. As fortune would have it, the author of this book was seated at a small table near the exit with a stack of his books. Naturally unable to resist, I bought a copy of each. Now, having finished reading The Burning of Washington, I can unequivocally say that it was good fortune indeed. At the time I wondered at the mild irony of the author's English accent, given the title of his book!   Read the rest of this entry »

At the close of the Constitutional Convention of 1787, Franklin was queried as he left Independence Hall on the final day of deliberation. In the notes of Dr. James McHenry, one of Maryland’s delegates to the Convention, a lady asked Dr. Franklin “Well Doctor what have we got, a republic or a monarchy.” Franklin replied, “A republic . . . if you can keep it.”   Read the rest of this entry »

John P. Kaminski's 3 in 1 biography of Washington, Jefferson, and Madison makes for interesting reading and provides a good overview of these three founders.   Read the rest of this entry »