Malcolm Rivera
Thomas Jefferson was a Founding Father of the United States and the principal author of the Declaration of Independence. While he was in Paris, he closely followed the developments in the United States and corresponded with individuals who would eventually contribute to the formation of the Constitution, like Madison and John Jay. In a letter to Madison, Jefferson objected to key parts of the Constitution, including the lack of a Bill of Rights and the absence of term limits for federal officials. He also believed that the federal government should not be given the power to veto laws passed by the states. Jefferson also argued that the Constitution should expire every 19 years and be rewritten, as he believed that one generation should not be bound by the laws and debts of another.
| Characteristics | Values |
|---|---|
| Lack of a bill of rights | Freedom of religion, freedom of the press, freedom from standing armies, trial by jury, and habeas corpus |
| No term limits for federal officials | Rotation in office, particularly for the chief executive |
| Secrecy of the Convention | Jefferson expressed frustration with the secrecy of the Convention |
| Federal power | Federal government should not be given the power to veto laws passed by the states |
| Binding nature of the Constitution | Jefferson believed that a Constitution expires after 19 years and must be renewed |
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What You'll Learn
Absence of a bill of rights
Thomas Jefferson was serving as the United States minister to France when the Federal Constitution was being drafted and debated in 1787. Despite his absence, he remained well-informed about the developments in America, particularly through his correspondence with James Madison, who would eventually contribute to the formation of the Constitution.
Jefferson's only book, *Notes on the State of Virginia*, was first published anonymously in Europe in 1785, and in it, he spent a great deal of time pondering constitutional issues. He also wrote about and debated constitutional issues and closely followed the developments in the United States while in Paris before the Constitutional Convention.
Jefferson expressed concerns about the absence of a bill of rights in the Constitution. He strongly believed that every American should have the right to prevent the government from infringing on their liberties. He wanted the Constitution to be accompanied by a written "bill of rights" to guarantee personal liberties, including freedom of religion, freedom of the press, freedom from standing armies, trial by jury, and habeas corpus.
Jefferson's advocacy for a bill of rights was rooted in his belief in the natural rights philosophy articulated in the Declaration of Independence. According to this philosophy, all people are entitled to "life, liberty, and the pursuit of happiness," and they have the right to reject any government that does not secure such rights. Jefferson's correspondence with Madison played a pivotal role in convincing the latter to introduce a bill of rights into the First Congress.
In his letters to Madison, Jefferson also objected to the lack of term limits for federal officials, particularly the chief executive. He advocated for rotation in office to prevent the concentration of power and to ensure that citizens' rights were protected. Jefferson's ideas about limiting governmental power and protecting civil liberties were not limited to his correspondence with Madison. In earlier correspondences with other acquaintances in 1786, Jefferson emphasised the importance of government protection of civil liberties, writing, "our liberty depends on the freedom of the press".
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No term limits for federal officials
Thomas Jefferson was serving as the United States minister to France when the Federal Constitution was written in 1787. He was, however, able to influence the development of the federal government through his correspondence with his good friend James Madison. Jefferson recognised that a stronger federal government would make the country more secure economically and militarily, but he feared that a strong central government might become too powerful, restricting citizens' rights.
Jefferson's only book, 'Notes on the State of Virginia', was first published anonymously in Europe in 1785, and in it, he spent a great deal of time pondering constitutional issues. While in Paris before the Constitutional Convention, Jefferson closely followed developments in the United States. He corresponded with individuals who would eventually contribute to the formation of the Constitution, like Madison and John Jay, an author of the Federalist Papers. Jefferson corresponded regarding the failures of the Articles of Confederation and discussed the need for a more powerful central government.
Jefferson expressed his frustration with the secrecy of the Convention but shared some ideas with Madison while it was ongoing. For example, Jefferson wrote to Madison on June 20, 1787, explaining why the federal government should not be given the power to veto laws passed by the states. This federal power was not included in the final draft of the Constitution despite Madison's support of the idea.
After the Constitutional Convention was over, Jefferson wrote a letter to Madison on December 20, 1787, objecting to key parts of the Constitution. Among other things, Jefferson was concerned about the absence of a bill of rights and the failure to establish term limits for federal officials. In earlier correspondence with other acquaintances in 1786, Jefferson extolled government protection of civil liberties and wrote, for example, that "our liberty depends on the freedom of the press".
Jefferson's actions as the first secretary of state, vice president, leader of the first political opposition party, and third president of the United States were crucial in shaping the look of the nation's capital and defining the powers of the Constitution and the nature of the emerging republic. Jefferson played a major role in the planning, design, and construction of a national capital and the federal district. In the various public offices he held, he sought to establish a federal government of limited powers.
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Secrecy of the convention
Thomas Jefferson was in France serving as the United States minister when the Federal Constitution was being drafted and debated in 1787. He was, however, able to follow the developments in the United States closely and remained well-informed about the events in America.
Jefferson expressed his frustration with the secrecy of the convention. In a letter dated June 6, 1787, James Madison informed Jefferson of the individuals attending the convention but explained that he could not reveal more about the substance of the ongoing debates due to an agreement among the delegates to keep the proceedings secret. Despite this, Jefferson shared some of his ideas with Madison during the convention. For instance, in a letter dated June 20, 1787, Jefferson wrote to Madison explaining his opposition to granting the federal government the power to veto laws passed by the states.
Jefferson's correspondence with Madison and other acquaintances during this period sheds light on his thoughts and concerns regarding the constitution. In his letters, Jefferson discussed the need for a stronger federal government while also expressing his fear that a strong central government might become too powerful and restrict citizens' rights. He advocated for the inclusion of a bill of rights in the constitution 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 belief in the importance of protecting civil liberties is evident in his writings. In a letter to William Smith, he expressed his support for Shays' Rebellion in Massachusetts, stating that "the tree of Liberty must be refreshed from time to time with the blood of patriots & tyrants. It is its natural manure." Jefferson also wrote about constitutional issues in his book, "Notes on the State of Virginia," which was published anonymously in Europe in 1785 and in the United States in 1788.
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No freedom of religion
Thomas Jefferson was a strong advocate for religious freedom and the separation of church and state. He believed that the government should not have the power to control or influence religious beliefs, as this would constitute "tyranny over the mind of man".
Jefferson's views on religious freedom were shaped by his Enlightenment rationalist perspective, which held that reason must govern all areas, including religion. He argued that individuals are responsible to God for their own beliefs and that religious devotion must be a matter of free will, not compelled or influenced by temporal concerns such as government.
Jefferson's commitment to religious freedom is evident in his writing and political actions. He wrote the Virginia Statute for Religious Freedom, which proclaimed freedom of thought and conscience, stating that "no man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever". This statute, passed by the Virginia General Assembly in 1786, became a forerunner to the First Amendment protections for religious freedom in the US.
During the formation of the Constitution, Jefferson corresponded with individuals like Madison and John Jay, expressing his ideas and concerns. He objected to the absence of a Bill of Rights in the Constitution and wanted to ensure that it upheld religious freedom. In a letter to Madison, Jefferson wrote:
> "The declaration that religious faith shall be unpunished does not give immunity to criminal acts dictated by religious error. [There should be] no religious exemption from neutral laws [and no regulation of religion, whether expressly or implicitly, which would be unconstitutional]."
Jefferson's influence on the development of the federal government and his commitment to religious freedom helped shape the emerging republic and the principles enshrined in the Constitution.
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No trial by jury
Thomas Jefferson believed that trial by jury was an essential component of a fair and just legal system. In a letter to Thomas Paine in 1789, he wrote:
> I consider trial by jury as the only anchor ever yet imagined by man, by which a government can be held to the principles of its constitution.
Jefferson's views on trial by jury were influenced by his experiences with the British king, who had denied the colonists their right to trial by jury, among other abuses of power. In the Declaration of Independence, Jefferson presents the United States Declaration of Independence as a legal complaint against the King of Great Britain, appealing to the reason and intellect of enlightened men across time as the jury.
Jefferson believed that trial by jury was crucial for holding governments accountable and protecting individual freedoms. He saw juries as impartial judges of fact, capable of deciding matters of law when they suspected partiality or bias in the judges. In a letter to Abbe Arnond in 1789, he wrote:
> [The people] are not qualified to judge questions of law, but they are very capable of judging questions of fact. In the form of juries, therefore, they determine all controverted matters of fact, leaving thus as little as possible, merely the law of the case, to the decision of the judges.
Jefferson also recognised the importance of trial by jury in protecting citizens from unjust persecution. He considered it a fundamental juridical right, alongside Habeas Corpus, that limited the government's ability to bring trumped-up charges or non-existent offences against individuals.
In his correspondence with James Madison in 1789, Jefferson expressed his desire to see the protection of jury trials extended to all cases involving the security of individuals and their property. He also emphasised the importance of impartial jury selection to ensure the integrity of the process.
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Frequently asked questions
Thomas Jefferson believed that the Constitution should be rewritten every 19 years. He also believed that the federal government should not have the power to veto laws passed by the states.
Jefferson believed that the Constitution should lapse every 19 years because he felt that each generation should have the opportunity to accept or reject the Constitution. He also believed in the principle that "the earth belongs to the living and not to the dead", meaning that previous generations should not bind the current generation to their debts or laws.
Yes, Jefferson was concerned that the document lacked a Bill of Rights and failed to establish term limits for federal officials. He also disliked the secrecy of the Constitutional Convention.
Yes, Thomas Jefferson's correspondence with James Madison helped to convince Madison 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.
