Jefferson & Madison's Constitutional Beliefs: A Dynamic Duo's Vision

Thomas Jefferson and James Madison, despite being close friends and political protégés, had differing views on the US Constitution. While Madison is often regarded as the Father of the Constitution, he did not believe in judicial supremacy in matters of constitutional understanding. Instead, he advocated for a separation of powers and mutual checks between independent branches of government. On the other hand, Jefferson, a progressive, believed in constant change to ensure the welfare of the people and wanted the Constitution to be accompanied by a written bill of rights to guarantee personal liberties. He also wanted a stronger national government to regulate commerce, fearing governmental overreach. Despite their differences, Madison and Jefferson worked together to shape the nation's capital and define the powers of the Constitution.

Explore related products

The Declaration of Independence, The Constitution of the United States, and The Bill of Rights

$3.97

Jefferson & Madison's Guide to the Constitution

$0.99

The Declaration of Independence and United States Constitution with Bill of Rights and all Amendments (Annotated)

$0.99 $3.89

James Madison's Constitution: A Double Security and a Parchment Barrier

$5.56 $29.95

The Declaration of Independence and United States Constitution with Bill of Rights and all Amendments (Annotated)

$0.9

The Constitution of the United States: in Large Print, with the Declaration of Independence, the Bill of Rights, and the 11th-27th Amendments

$8.99

James Madison is often referred to as the 'Father of the Constitution'

James Madison is often referred to as the "Father of the Constitution" for his pivotal role in drafting and promoting the US Constitution and the Bill of Rights. Born into a prominent slave-owning planter family in Virginia, Madison joined the Patriots in 1774 in strong opposition to British taxation. He was a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War. Dissatisfied with the weak national government established by the Articles of Confederation, Madison helped organise the Constitutional Convention, which produced a new constitution designed to strengthen republican government against democratic assembly.

Madison's Virginia Plan, which aimed to develop a system of government that adequately prevented the rise of factions, served as the basis for the Constitutional Convention's discussions. He was one of the most influential individuals at the convention, speaking over 200 times and keeping copious notes to serve as a historical record. In crafting the Virginia Plan, Madison replaced the phrase "all men should enjoy the fullest toleration in the exercise of religion" with "all men are equally entitled to the full and free exercise of it". He also proposed that apportionment in the House of Representatives be according to each state's free and enslaved population, eventually leading to the adoption of the Three-fifths Compromise.

Madison was a stalwart in defence of the new plan, joining Alexander Hamilton and John Jay in writing The Federalist Papers, a series of pro-ratification essays that was one of the most influential works of political science in American history. In his final speech to the ratifying convention, Madison implored his fellow delegates to ratify the Constitution as it had been written, arguing that failure to do so would lead to the collapse of the entire ratification effort as each state would seek favourable amendments. On June 25, 1788, the convention voted 89–79 to ratify the Constitution, making Virginia the tenth state to do so.

Madison's view of the Constitution was that it possessed a fixed, determinate meaning defined by the objective meaning of the words of the text, rather than the subjective understandings of interpreters. He did not believe in judicial supremacy in matters of constitutional interpretation, instead advocating for a separation of powers and the mutual "checks" of coordinate, independent branches of government, even of the states. Madison's loyalty was to the Constitution, and he was willing to follow it as it was adopted and ratified, rather than according to his personal preferences.

Madison believed the judiciary's power of constitutional interpretation was important

Thomas Jefferson and James Madison were two of the key figures in the drafting and interpretation of the US Constitution. Both men had differing views on the Constitution, with Jefferson being more progressive and Madison being more conservative.

Madison, often regarded as the "Father of the Constitution", believed that the judiciary's power of constitutional interpretation was significant and important. He understood the judiciary's role in interpreting the Constitution as a vital part of the separation of powers, where no one branch of the government had superiority over the others. Madison emphasised that the judiciary's power of interpretation did not grant it intrinsic superiority over the other branches, and that each branch had the power to check the others to ensure accountability and uphold the Constitution.

Madison viewed the Constitution as possessing a fixed and determinate meaning, defined by the objective meaning of the text itself rather than the subjective interpretations of individuals. He believed that the judiciary's role in interpreting the Constitution was necessary to ensure that the meaning of the Constitution was upheld and that any departures from its text were considered violations.

Madison's defence of the Constitution and his role in the Federal Convention of 1787 are well-documented. His "Notes of Debates of the Federal Convention of 1787" provide a detailed account of the debates and compromises that led to the creation of the Constitution. Madison also co-authored "The Federalist" with Alexander Hamilton and John Jay, a series of essays that defended and explained the draft Constitution.

While Madison did not initially see the philosophical need for a Bill of Rights, his correspondence with Jefferson and the debates during the ratification process influenced his decision to introduce a bill of rights into the First Congress. Despite his initial reluctance, Madison played a crucial role in drafting and pushing for the adoption of the first ten amendments to the Constitution, known as the Bill of Rights, which went into effect in 1791.

Thomas Jefferson wanted the Constitution to be accompanied by a written bill of rights

Thomas Jefferson, the third president of the United States, wanted the Constitution to be accompanied by a written bill of rights. He believed that every American should have the right to prevent the government from infringing on the liberties of its citizens. He advocated for a bill of rights to guarantee personal liberties, such as freedom of religion, freedom of the press, freedom from standing armies, trial by jury, and habeas corpus.

Jefferson's desire for a bill of rights was influenced by his broader beliefs about government. He was steeped in the Whig tradition of Sidney, Gordon, and Trenchard, and was constantly on the lookout for signs of governmental overreach. He strongly believed in maintaining a separation of church and state and ending the importation of slaves. He also supported state "interposition" against unconstitutional assertions of power by the national government.

Jefferson's views on the Constitution were shaped by his experiences as the United States minister in France during the writing of the Federal Constitution in 1787. He was able to influence the development of the federal government through his correspondence, particularly with James Madison. In a letter dated December 20, 1787, Jefferson wrote to Madison, expressing his objections to key parts of the new Federal Constitution, including the absence of a bill of rights.

Madison, often referred to as the Father of the Constitution, played a significant role in the creation and interpretation of the Constitution. He believed that the judiciary's power of constitutional interpretation was important, as it provided a check on the power of the other branches of government. However, he did not believe in judicial supremacy and instead advocated for a separation of powers and mutual "checks" between the independent branches of government.

While Madison initially disagreed with Jefferson on the need for a bill of rights, their correspondence over two years helped convince him otherwise. Madison recognized that drafting a Bill of Rights was politically imperative to address criticisms of the Constitution's absence of protections for individual rights. During his congressional campaign against Antifederalist James Monroe, Madison pledged to voters that he would draft and push for a bill of rights in Congress. He kept his promise, and the first ten amendments to the Constitution, known as the Bill of Rights, went into effect in 1791.

Explore related products

The Declaration of Independence and the Constitution of the United States of America

$6.51 $10

The United States Constitution: A Round Table Comic

$12.95 $12.95

The Declaration of Independence and the Constitution of the United States of America

$7.95

The Declaration of Independence and Constitution of the United States of America: Including the Bill of Rights and Constitutional Amendments

$5.95

The Constitution of the United States of America and Other Founding Documents: Gilded Pocket Edition (Arcturus Ornate Classics)

$8.79 $12.99

The Declaration of Independence and the Constitution of the United States of America--Arabic (Multilingual Edition)

$6.95

Jefferson believed in constant change to ensure the welfare of the people

Thomas Jefferson believed in constant change to ensure the welfare of the people. This was a point of divergence between him and James Madison, who was more conservative and valued stability. Jefferson believed that the constitution should be revisited by each generation to decide their fate. He was committed to the idea that the government should not infringe on the liberties of its citizens and that certain liberties, including those of religion, speech, press, assembly, and petition, should be sacred to everyone.

Jefferson wanted the new Constitution to be accompanied by a written “bill of rights” to guarantee personal liberties. He wanted to ensure freedom of religion, freedom of the press, freedom from standing armies, trial by jury, and habeas corpus. His correspondence with Madison helped convince the latter to introduce a bill of rights into the First Congress. After ratification by the requisite number of states, the first ten amendments to the Constitution, known as the Bill of Rights, went into effect in 1791.

Jefferson and Madison disagreed on the need for a bill of rights. While Jefferson saw it as a philosophical necessity, Madison's support for it was politically motivated. Madison believed that the judiciary’s power of constitutional interpretation was significant and important, and that the judicial power of independent interpretive judgment was a vital part of the Constitution’s separation-of-powers design. He did not believe in judicial supremacy in matters of constitutional understanding and decision.

Despite their differences, Madison and Jefferson worked together on several occasions. They anonymously wrote the Virginia and Kentucky Resolutions of 1798, suggesting that the federal government was overstepping the boundaries set forth in the First Amendment. This helped Jefferson win the 1800 presidential election, which he saw as a second American Revolution. As president, Jefferson pardoned all those convicted under the Sedition Act.

Madison and Jefferson co-authored the Virginia and Kentucky Resolutions of 1798, which suggested the federal government was overstepping its boundaries and helped Jefferson win the 1800 presidential election

James Madison and Thomas Jefferson, both future presidents, co-authored the Virginia and Kentucky Resolutions of 1798. These resolutions were a response to the Alien and Sedition Acts passed by a Federalist-dominated Congress. The Alien and Sedition Acts were four laws meant to stifle pro-French sentiment and anti-administration rhetoric.

The Virginia and Kentucky Resolutions, drafted in secret, condemned the Alien and Sedition Acts as unconstitutional. They argued that the federal government had no authority to exercise power not specifically delegated to it in the Constitution. Madison and Jefferson believed that the acts were an encroachment on rights protected by the First Amendment. They also asserted that it was the right and duty of individual states to interpose themselves between their citizens and the federal government.

The Kentucky Resolutions, authored by Jefferson, went further than Madison's Virginia Resolution. They stated that when the federal government "assumes undelegated powers, its acts are unauthoritative, void, and of no force." Jefferson's original wording was even stronger, asserting that "where powers are assumed [by the federal government], which have not been delegated, a nullification of the act is the rightful remedy".

The resolutions were passed by the legislatures of Kentucky and Virginia. However, they failed to gain support from any of the other fourteen states. Four states made no response, and ten states expressed outright disapproval. Despite this, the Virginia and Kentucky Resolutions are considered an important episode in early American party politics and an attempt to gain electoral advantage over the Federalists. They also helped Thomas Jefferson win the 1800 presidential election.

Frequently asked questions