Malcolm Rivera
Thomas Jefferson had a complex and evolving relationship with the U.S. Constitution. Although he was in France when the Federal Constitution was written in 1787, he remained well-informed and involved through his correspondence with James Madison and other political acquaintances. Jefferson's key objection to the new Constitution was the absence of a bill of rights, which he believed was necessary to guarantee personal liberties such as freedom of religion, freedom of the press, and freedom from standing armies. He also advocated for rotation in office and term limits, especially for the president. Jefferson's views on the Constitution were influenced by his broader political philosophy, which valued individual freedoms and a limited federal government. He saw the Constitution as a living document that should evolve alongside societal progress, a perspective reflected in his contributions to the design and planning of the nation's capital.
| Characteristics | Values |
|---|---|
| Absence of a bill of rights | Freedom of religion, freedom of the press, freedom from standing armies, trial by jury, habeas corpus |
| Failure to provide for rotation in office or term limits | Particularly for the chief executive |
| Lack of protection for fundamental rights | "A bill of rights is what the people are entitled to against every government on earth" |
| Wholesale abandonment of rotation in office | Particularly as it concerned the presidency |
| Lack of interest in the Constitution | Jefferson's constitutional thinking started late and was marred by distance and distraction initially |
| Interpretation of the Constitution | Jefferson did not interpret the Constitution as supplanting the pre-1787 constitutional structure |
| Views on amending constitutions and changing laws | "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." |
| Views on the state constitution | Each new generation has the right to choose for itself "the form of government it believes most promotive of its own happiness." |
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What You'll Learn
Absence of a bill of rights
Thomas Jefferson had several objections to the new Constitution, chiefly the absence of a bill of rights. He wanted the new Constitution to be accompanied by a written “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. In a letter to James Madison, he wrote:
> "I approved, from the first moment, of the great mass of what is in the new constitution...What I disapproved of from the first moment also was the want of a bill of rights to guard liberty against the legislative as well as executive branches."
Jefferson's correspondence with Madison helped to 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's views on the Constitution were shaped by his broader political philosophy. He was neither a Federalist nor an Anti-Federalist, and he did not interpret the Constitution as supplanting the pre-1787 constitutional structure. He tended to cite natural rights or the broader American legal tradition as justification for laws, rarely referencing the Constitution. In a letter to Samuel Kercheval, he 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...We might as well require a man to wear still the coat which fitted him when a boy as a civilized society to remain ever under the regimen of their barbarous ancestors."
Jefferson believed that each new generation had the right to choose for itself "the form of government it believes most promotive of its own happiness".
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No provision for rotation in office
Thomas Jefferson had several objections to the new Federal Constitution, which was written in 1787 while he was serving as the United States minister in France. Despite his distance from the political centre, Jefferson was able to influence the development of the federal government through his correspondence with friends and political acquaintances in America.
One of Jefferson's main objections to the new Constitution was the lack of provision for rotation in office, particularly concerning the presidency. In a letter to James Madison on December 20, 1787, Jefferson expressed his concern that without a mechanism for rotation in office, the chief executive would always be re-elected. He believed that experience showed "that the first magistrate will always be re-elected if the Constitution permits it".
Jefferson's objection to the lack of rotation in office was based on his desire to prevent the concentration of power in a single individual or group. He feared that without term limits, the president could become too powerful and undermine the principles of democracy and good governance. Jefferson's concerns about the potential for abuse of power and the importance of limiting executive authority were shaped by his broader political philosophy, which favoured a weak national government with limited powers.
Jefferson's advocacy for rotation in office reflected his belief in the importance of regular changes and updates to laws and institutions. In a letter to Samuel Kercheval in 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... institutions must advance also to keep pace with the times". He argued that constitutions should be amended and repaired by each new generation to suit their needs and promote their happiness.
Jefferson's objection to the lack of rotation in office in the new Constitution highlights his commitment to checks and balances and his desire to prevent the concentration of power. His ideas about rotation in office were informed by his broader philosophical beliefs and his vision for a federal government with limited powers.
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No term limits for the chief executive
Thomas Jefferson had several objections to the new Federal Constitution, which he outlined in a letter to James Madison on December 20, 1787. One of his primary concerns was the absence of term limits for the chief executive, or the president. Jefferson believed that without term limits, the first magistrate, or president, would always be re-elected if the Constitution allowed it. He saw this as a failure to provide for rotation in office, which he considered a crucial feature of the new government.
Jefferson's view on term limits for the executive branch stemmed from his broader philosophy on government and power. He advocated for a federal government with limited powers and wanted to prevent the concentration of power in a single individual or group. By imposing term limits on the executive, Jefferson sought to promote a more balanced distribution of power and encourage fresh ideas and perspectives in governance.
In his letter to Madison, Jefferson also expressed his disapproval of the absence of a bill of rights in the new Constitution. He believed that a bill of rights was necessary to safeguard fundamental liberties and protect against potential abuses of power by the government. Jefferson wanted guarantees of personal freedoms, including freedom of religion, freedom of the press, freedom from standing armies, the right to trial by jury, and habeas corpus.
Jefferson's objections to the new Constitution were influenced by his unique perspective as someone who was not a Federalist or an Anti-Federalist. He asserted his independence from these parties, stating that he formed his opinions based on his own thoughts and experiences rather than adhering to a particular ideological creed. However, he acknowledged that he approved of a "great mass" of what was in the new Constitution while expressing his specific disagreements.
Despite his initial objections, Jefferson's actions as a statesperson played a significant role in shaping the interpretation and implementation of the Constitution. As the first secretary of state, vice president, leader of the first political opposition party, and third president of the United States, Jefferson's decisions and policies helped define the powers of the Constitution and the nature of the emerging republic. He navigated constitutional complexities and worked within the framework of the document, even as he sought to stay true to his principles of limited government.
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No freedom from standing armies
Thomas Jefferson had several objections to the new Constitution, which he expressed in a letter to James Madison on December 20, 1787. Notably, Jefferson was concerned about the absence of a bill of rights, which he believed was necessary to protect fundamental liberties. He wanted the Constitution to be accompanied by a written bill of rights that guaranteed freedoms such as freedom of religion, freedom of the press, freedom from standing armies, trial by jury, and habeas corpus.
Jefferson's concern about freedom from standing armies reflected his broader belief in limited government and the protection of individual liberties. He feared the potential abuse of power by a strong central government and sought to establish a federal government with limited powers during his tenure as the first secretary of state, vice president, and president.
In his correspondence with Madison, Jefferson emphasized his disapproval of the absence of freedom from standing armies in the new Constitution. He argued that a bill of rights was essential to safeguard personal liberties and constrain the powers of both the legislative and executive branches of the government. Jefferson's advocacy for freedom from standing armies aligned with his overall political philosophy, which valued individual freedoms and a limited federal government.
Jefferson's objection to the absence of freedom from standing armies in the Constitution reflected his desire to protect citizens from potential government overreach and abuse. He believed that a standing army could infringe on the liberties of the people and wanted to ensure that the federal government's power was balanced by guarantees of individual rights. This objection was part of his broader critique of the Constitution's lack of safeguards against governmental power.
Jefferson's stance on freedom from standing armies carried significant weight due to his influential role in shaping the nation's political landscape. Despite being in France during the writing of the Constitution, Jefferson actively influenced the development of the federal government through his correspondence with Madison and other political acquaintances. His ideas contributed to the eventual introduction of the Bill of Rights, which, after ratification by the requisite number of states, went into effect in 1791 as the first ten amendments to the Constitution.
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No guarantee of habeas corpus
Thomas Jefferson was in France serving as the United States minister when the Federal Constitution was written in 1787. However, he was able to influence the development of the federal government through his correspondence. In a letter to James Madison, dated December 20, 1787, Jefferson outlined his objections to key parts of the new Federal Constitution.
One of Jefferson's primary concerns was the absence of 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. He believed that the new Constitution should be accompanied by a written bill of rights to protect these fundamental freedoms.
Habeas corpus, a centuries-old legal procedure, protects against unlawful and indefinite imprisonment. It is considered one of the "essential principles of our government" by Jefferson. The right of habeas corpus is not a right against unlawful arrest, but rather the right to be released from imprisonment after such an arrest. It is enshrined in the Constitution, which states, "The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it."
Despite Jefferson's advocacy, the absence of an explicit guarantee of habeas corpus in the original Constitution led to subsequent violations of this right. For example, the Military Commissions Act (MCA) cast aside the Constitution and the principle of habeas corpus, allowing the government to hold prisoners indefinitely without charges. This prompted the introduction of bills in Congress, such as the Habeas Corpus Restoration Act (S. 185), aimed at restoring habeas corpus rights to detainees and upholding the rule of law.
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Frequently asked questions
Thomas Jefferson was serving as an ambassador to France when the US Constitution was being drafted. He had several objections to the new Constitution, including the lack of a bill of rights, the absence of term limits, and the abandonment of rotation in office. He also believed that the Constitution should be interpreted strictly and wanted to limit the powers of the federal government.
Thomas Jefferson strongly believed that the new Constitution should be accompanied by a written "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. He felt that a bill of rights was necessary to protect against powers that were not specifically granted to the new government.
Thomas Jefferson objected to the absence of term limits, especially for the president. He believed that without rotation in office, the same person would likely be re-elected to the highest office, concentrating too much power.
Thomas Jefferson favoured a strict interpretation of the Constitution. He rarely referenced it and often cited natural rights or the broader American legal tradition when justifying laws. Jefferson also believed that constitutions should evolve and advance alongside societal progress.
