Eleanor Finch
Thomas Jefferson believed that the US Constitution should be rewritten every 19 or 20 years. In a letter to James Madison, Jefferson argued that a constitution must lapse and be renewed to avoid becoming an act of force and not of right. He also believed that the states should have the rule within their own borders and that the federal government should be weak and answerable to the states. Jefferson's views on the constitution have been a topic of debate, with some arguing that he did not advocate for a complete rewrite, but rather periodical repairs to ensure that bad ideas from previous generations did not persist.
| Characteristics | Values |
|---|---|
| Constitution Renewal Period | Every 19 or 20 years |
| Reason for Renewal | To keep up with the change of time |
| Constitution as a Binding Document | Jefferson believed that a constitution is not binding on those who were not alive when it was signed |
| Role of Federal Government | Weak and answerable to the states |
| Role of State Governments | Rule within their own borders |
| Amendment Process | Jefferson did not want an amendment process, instead referring to "periodical repairs" |
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What You'll Learn
- Jefferson believed a constitution should be rewritten every 19 or 20 years
- He argued that the government should examine itself in cycles
- He did not advocate for frequent changes in laws and constitutions
- He believed constitutions should advance with the progress of the human mind
- He thought the Federal government should remain weak and answer to the states
Jefferson believed a constitution should be rewritten every 19 or 20 years
Thomas Jefferson believed that a constitution should be rewritten every 19 or 20 years. In a letter to James Madison, Jefferson asks whether "one generation of men has a right to bind another", either in the form of a financial debt or a political obligation to obey a constitution not contracted by that individual. He concludes that any constitution has to lapse roughly after every generation (or every 19 years) since it was first signed and ratified.
Jefferson's reasoning was based on 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 pay their debts, work in their father's occupation, or accept the laws and constitution drawn up by their ancestors. He further elaborated on this idea in a letter to Samuel Kercheval, an innkeeper and author from Virginia, in 1816:
> "I am not an advocate for frequent changes in laws and constitutions. But laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors."
Jefferson's belief in the periodic rewriting of the constitution has been a topic of discussion and debate, with some arguing that it highlights the need for a constitution to evolve with the changing times, while others question the feasibility of such frequent changes.
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He argued that the government should examine itself in cycles
Thomas Jefferson believed that the government should examine itself in cycles every 19 to 20 years. This idea, which he referred to as "periodical repairs", was meant to ensure that outdated ideas from previous generations did not continue to negatively impact the present. Jefferson argued that laws and institutions must evolve alongside the progress of the human mind, adapting to new discoveries, truths, manners, and opinions. He believed that a static constitution would hinder societal advancement, likening it to forcing a man to wear a coat fitted for him as a boy.
Jefferson's views on this matter were influenced by his experiences during the French Revolution and his belief in the principle that "the earth belongs to the living and not to the dead". He questioned whether one generation had the right to bind another, either through financial debts or political obligations to obey a constitution they did not create. In a letter to James Madison, Jefferson concluded that any constitution should lapse roughly once per generation, or about every 19 years, to remain relevant and just.
Jefferson's stance on the cyclical examination of government extended beyond theory. In 1816, he received a letter from Samuel Kercheval, an innkeeper and author from Virginia, seeking his opinion on the revision of the state constitution. Kercheval, known for his book "History of the Valley of Virginia," aimed to increase the legislative power of the state's western counties. As Jefferson had played a role in drafting Virginia's original state constitution, Kercheval valued his perspective on potential changes.
Jefferson's response to Kercheval emphasised his belief in the importance of collecting voices from across the generation. He recognised the challenge of ensuring that everyone's perspectives were represented during the amendment process. While Jefferson's ideas about cyclical governmental examination did not result in frequent constitutional rewrites, they continue to spark discussions and reflections on the nature of governance and the role of the living and the dead in shaping society's laws and institutions.
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He did not advocate for frequent changes in laws and constitutions
Thomas Jefferson is known for his thoughts on the US Constitution and whether it should be rewritten. In a letter to James Madison, Jefferson questioned whether "one generation of men has a right to bind another", referring to both financial debt and political obligation. He concluded that any constitution, including the American Constitution, would lapse roughly every generation (approximately every 19 years) since it was first signed and ratified.
However, Jefferson did not advocate for frequent changes in laws and constitutions. In a letter to Samuel Kercheval, an innkeeper and author from Virginia, on July 12, 1816, Jefferson wrote:
> "I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors."
Jefferson's belief that the constitution should be rewritten every 19 years stems from his principle that "the earth belongs to the living and not to the dead", meaning that previous generations could not bind the current generation to pay their debts or accept the laws and constitution drawn up by their ancestors.
Jefferson's ideas about the constitution being rewritten every 19 years have been a topic of discussion and debate, with some arguing that his suggestion was not a functional proposal but rather a way to ensure that bad ideas from the previous generation did not persist.
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He believed constitutions should advance with the progress of the human mind
Thomas Jefferson believed that constitutions should advance with the progress of the human mind. In a letter to Samuel Kercheval, an innkeeper and author from Virginia, dated July 12, 1816, Jefferson wrote:
> "I am not an advocate for frequent changes in laws and constitutions, but laws and institutions must go hand in hand with the progress of the human mind. As that becomes more developed, more enlightened, as new discoveries are made, new truths discovered and manners and opinions change, with the change of circumstances, institutions must advance also to keep pace with the times. We might as well require a man to wear still the coat which fitted him when a boy as civilized society to remain ever under the regimen of their barbarous ancestors."
Jefferson's belief that constitutions should be periodically re-examined and amended to keep up with the changing times has been interpreted by some as a call for a complete rewrite of the constitution every 19 or 20 years. However, others argue that Jefferson was not advocating for a literal rewrite of the constitution every two decades, but rather for "periodical repairs" to ensure that bad ideas from previous generations did not continue to have a negative impact.
Jefferson's ideas about constitutions were influenced by his experiences during the French Revolution and his belief that "the earth belongs to the living and not to the dead." He argued that each generation had the right to develop its own constitution and that no generation should be bound by the laws and constitutions of their ancestors. In his correspondence with James Madison, Jefferson questioned whether "one generation of men has a right to bind another" and concluded that constitutions should lapse and become null and void after every generation (approximately every 19 years).
Jefferson's views on constitutions have sparked debates about the flexibility and adaptability of governing documents. While some argue that his ideas could lead to positive reforms, others question the feasibility of frequent constitutional rewrites in today's political climate.
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He thought the Federal government should remain weak and answer to the states
Thomas Jefferson's views on the US Constitution and the Federal government are well-documented. In a letter to James Madison, Jefferson asks whether "one generation of men has [the] right to bind another", referring to financial debt or a political obligation to obey a constitution of laws not contracted by that individual. He concluded that any constitution should lapse roughly after every generation (approximately every 19 years) since it was first signed and ratified.
Jefferson's belief in the principle that "the earth belongs to the living and not to the dead" meant that previous generations could not bind the current generation to pay their debts or require them to work in their father's occupation, or indeed to accept the laws and constitution drawn up by their ancestors. He believed that the Federal government should remain weak and answer to the states, with the federal government only being able to do the things specifically outlined in the Constitution, and the states having power over everything else that did not conflict with the Constitution. The federal government could use the Constitution to check the states, but otherwise, it only had power as the diplomatic face of the US.
Jefferson's views on the Constitution were shaped by his experiences in France during the French Revolution, and he believed that the Constitution should be subject to "periodical repairs" to ensure that bad ideas from the last generation did not "screw us over for decades to come". He did not advocate for frequent changes to the law and Constitution, but he did believe that laws and institutions must advance to keep pace with the times.
Some commentators have argued that the US would be in a more progressive situation today if it had heeded Jefferson's advice over the years.
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Frequently asked questions
Yes, Thomas Jefferson believed that the constitution should be rewritten every 19 or 20 years.
Thomas Jefferson believed that the constitution should be rewritten to keep up with the change of time. He also believed 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.
No, Thomas Jefferson was in France during the entire constitution-writing and ratification process.
Thomas Jefferson believed that the federal government should remain weak and answer to the states. He thought that the federal government could only do the things specifically outlined in the Constitution, and that the states could do anything else that didn't conflict with it.
Thomas Jefferson meant that succeeding generations of Americans had the right to develop their own constitutions and laws, and that previous generations could not bind them to their debts or require them to work in their father's occupation.
