Omar Bennett
Thomas Jefferson believed that the US Constitution should be reviewed and rewritten by each new generation, approximately every 19 or 20 years. In a letter to James Madison, Jefferson argued that a constitution expires after 19 years and must be renewed to avoid becoming an act of force and not of right. He also believed that each generation has the right to choose the form of government that best suits its needs and promotes its happiness. Jefferson's views on the Constitution reflect his broader philosophy on political change and the role of government, with a focus on individual liberty and the separation of powers.
| Characteristics | Values |
|---|---|
| Constitution revision | Every 19 or 20 years |
| Reasons for revision | To keep up with the change of time |
| To prevent blood and violence | |
| To accommodate to the circumstances of the new generation | |
| To promote the happiness of the new generation | |
| To prevent despotism | |
| To ensure the independence of each generation | |
| Who should make the final decision on interpreting the Constitution? | The people of the Union, assembled by their deputies in convention, at the call of Congress or of two-thirds of the States |
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What You'll Learn
- Jefferson believed that the constitution should be rewritten every 19 or 20 years
- He thought that each new generation had the right to choose its form of government
- He opposed the idea of judges having the final say on constitutional questions
- Jefferson's views on the constitution were influenced by the French Revolution
- He believed that the constitution should be flexible to accommodate changing circumstances
Jefferson believed that the constitution should be rewritten every 19 or 20 years
Thomas Jefferson believed that a country's constitution should be rewritten every 19 or 20 years. He argued that each new generation has the right to choose for itself "the form of government it believes most promotive of its own happiness". In a letter to James Madison, Jefferson wrote that any constitution expires after 19 years and must be renewed, or else it becomes "an act of force and not of right". He suggested that the government should examine itself in cycles every 19 years to keep up with the changing times.
Jefferson's reasoning was based on the idea that each generation is independent of the previous one and has the right to accommodate its circumstances and choose its own path. He believed that the earth belongs to the living and not to the dead, meaning that previous generations cannot bind the current generation to their debts, occupations, or laws. This view is reflected in his proposal for a "solemn opportunity" every 19 or 20 years for the constitution to be handed off to the next generation to amend and repair as they see fit.
Jefferson's beliefs were similar to those of Lysander Spooner, an individualist anarchist lawyer, abolitionist, and political theorist who lived about 100 years after him. Spooner argued that the Constitution held no authority because no one alive today agreed to be bound by it. However, the idea of rewriting the constitution assumes that future generations will respect liberty and agree to restrict government power to protect said liberty.
Jefferson also opposed Judicial Review, the process of judges interpreting the Constitution, because he thought it violated the principle of separation of powers. He proposed that each branch of the government should decide constitutional questions for itself and only be responsible for its decisions to the voters. This view is reflected in his statement that the "ultimate arbiter is the people of the Union, assembled by their deputies in convention, at the call of Congress or of two-thirds of the States".
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He thought that each new generation had the right to choose its form of government
Thomas Jefferson believed that the government should be examined and revised cyclically to keep up with the changing times. In a letter to James Madison, he wrote that any constitution expires after 19 years and must be renewed, or else it would become "an act of force and not of right". He argued that each new generation is as independent as the preceding one and has the right to choose for itself the form of government that it believes will best promote its happiness.
Jefferson's reasoning was based on the principle that "the earth belongs to the living and not to the dead", meaning that previous generations cannot bind the current generation to their debts, occupations, or laws. He suggested that every 19 or 20 years, the state constitution should be handed off to the next generation to amend and repair as they see fit. This would allow each generation to accommodate the circumstances they find themselves in and promote peace and good among mankind.
Jefferson also strongly opposed Judicial Review, as he believed it violated the principle of separation of powers. He proposed that each branch of the government should decide on constitutional questions independently and only be responsible for their decisions to the voters. In a letter to William Johnson in 1823, he praised the Constitution for providing a "peaceable appeal" that other nations might resort to force to resolve.
Jefferson's beliefs about the cyclical revision of the constitution were similar to those of Lysander Spooner, an individualist anarchist lawyer, abolitionist, and political theorist who lived about 100 years later. Spooner believed that the Constitution held no authority as no one alive could claim to have agreed to be bound by it.
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He opposed the idea of judges having the final say on constitutional questions
Thomas Jefferson believed that the constitution should evolve. He held the view that a constitution should be rewritten every 19 or 20 years, as he believed in the principle that "the earth belongs to the living and not to the dead". This meant that previous generations could not bind the current generation to their debts or require them to follow the laws and constitution set by their ancestors.
Jefferson's belief that the constitution should be periodically revised is reflected in his statement that:
> "each new generation has a right to choose for itself 'the form of government it believes most promotive of its own happiness.' That every 20 years, the state constitution should be handed off to the next generation to amend and repair as they see fit."
However, Jefferson opposed the idea of judges having the final say on constitutional questions. He argued that giving judges the authority to determine which laws are constitutional would make the judiciary a despotic branch of government. In a letter to Abigail Adams in 1804, he wrote:
> "Our judges are as honest as other men and not more so. They have the same passions for party, for power, and the privilege of their corps... Their power is the more dangerous as they are in office for life and not responsible, as the other functionaries are, to the elective control."
Jefferson believed that each branch of government should decide constitutional questions for itself and be responsible only to the voters. He proposed that in cases where different branches of government claimed the same subject of power, a convention of states should be called to decide which department should be given the authority. This is evident in his letter to John Cartwright in 1824:
> "But, you may ask, if the two departments [i.e., federal and state] should claim each the same subject of power, where is the common umpire to decide ultimately between them?... a convention of the States must be called to ascribe the doubtful power to that department which they may think best."
Jefferson's opposition to judicial review was based on his commitment to the separation of powers. He disagreed with the Supreme Court's decision in Marbury v. Madison, which granted the Court the authority to make final decisions for all branches of government. Instead, Jefferson advocated for the people to be the ultimate arbiters, assembled by their deputies in a convention called by Congress or a majority of the states.
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Jefferson's views on the constitution were influenced by the French Revolution
Thomas Jefferson's views on the Constitution were significantly influenced by the French Revolution. As the American Minister to the Court of Versailles, Jefferson witnessed the early stages of the French Revolution in the late 1780s. He was initially taken aback by the storming of the Bastille in July 1789, but by August, he had become an ardent supporter of the revolution. He allowed his residence to be used as a meeting place for the rebels led by Lafayette, a personal friend and collaborator.
Jefferson's support for the French Revolution, even during its most violent phases, brought ideological issues into American politics and caused a divide among American politicians. Federalists were horrified by the violence, while Republicans applauded the revolution. Jefferson's commitment to the cause remained steadfast, even as the execution of French aristocrats escalated in 1792, and he supported the publication of Thomas Paine's "The Rights of Man," a pamphlet that supported the Revolution and offended those with opposing viewpoints.
The French Revolution's impact on Jefferson's career and political beliefs is evident in his writings. In a letter to James Madison, Jefferson questioned whether one generation had the right to bind another, either through financial debt or political obligation to obey a constitution they did not create. He concluded that any constitution, including the American Constitution, should lapse roughly every generation, or every 19 years, since it was first ratified. This belief was grounded in his principle that "the earth belongs to the living and not to the dead," implying that each generation should be free to choose its form of government.
Jefferson's views on the Constitution's evolution were influenced by his observations of the French Revolution's challenges to established power structures and his belief in the right of self-government. He predicted that the "ball of liberty" set in motion by the French Revolution would continue to roll around the globe, bringing light and liberty to the enlightened. These experiences and beliefs shaped his perspective on the need for periodic constitutional revision to accommodate the changing needs and circumstances of each new generation.
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He believed that the constitution should be flexible to accommodate changing circumstances
Thomas Jefferson believed that the Constitution should be flexible to accommodate changing circumstances. In a letter to James Madison, Jefferson argued that a constitution expires after 19 years and must be renewed, or else it would become "an act of force and not of right". He based this on the principle that "the earth belongs to the living and not to the dead", meaning that each generation has the right to choose a form of government that suits them best.
Jefferson's views on this matter were influenced by his experiences with the French Revolution and his observations of monarchies that "clung to old abuses" and failed to adapt to the changing times. He believed that a constitution should be flexible and accommodate the circumstances of each new generation, which he estimated to be about every 19 or 20 years. This would allow for the peaceful evolution of government and prevent violent revolutions.
Jefferson's suggestion was not that the constitution be completely rewritten from scratch every 19 years, but rather that it be examined and revised to keep up with the changing times. He believed that each generation should have the opportunity to amend and repair the constitution as they see fit, handing it off to the next generation in a form that reflects their values and beliefs. This process of periodic revision would ensure that the constitution remains relevant and effective.
Jefferson's ideas about the flexibility of the constitution were also shaped by his views on judicial review. He strongly opposed the idea of judicial review, which gives judges the power to interpret what laws are constitutional. Jefferson believed that this would lead to judicial despotism and violate the principle of separation of powers. Instead, he proposed that each branch of government should decide constitutional questions for itself and be responsible only to the voters.
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Frequently asked questions
Yes, Jefferson believed that the Constitution should be rewritten every 19 or 20 years, as he felt that each new generation had the right to choose a form of government that would promote its happiness.
Jefferson believed in the principle that "the earth belongs to the living and not to the dead", meaning that previous generations could not bind the current generation to their laws and constitutions. He also felt that the government should examine itself in cycles to keep up with the changing times.
No, Jefferson did not believe that the Constitution was infallible. He strongly opposed Judicial Review, as he thought it violated the principle of separation of powers.
Jefferson disagreed with the idea that the Supreme Court should be the final arbiter in interpreting the Constitution, as he felt that it would give too much power to the judiciary, potentially leading to despotism.
While Jefferson did suggest that the Constitution should be renewed every 19 years, it is unlikely that he meant for it to be completely rewritten. Instead, he may have favoured periodic amendments to keep it up-to-date with the changing times.
