Jefferson's Take: Longevity Of Constitutions

Thomas Jefferson, the principal author of the Declaration of Independence, was a strong advocate for freedom of the press, trial by jury, and habeas corpus. He believed that laws and constitutions should evolve with the progress of the human mind, stating that institutions must advance also to keep pace with the times. Jefferson's views on the longevity of constitutions are reflected in his correspondence with Samuel Kercheval, where he expressed that constitutions should not be regarded as sacred and unchangeable. He suggested that the government should operate in cycles, allowing for revisions and amendments to stay relevant to the needs of each new generation. Jefferson's influence on the US Constitution and his contributions to articulating American ideals have left a lasting impact on the nation's history.

Explore related products

A View of the Constitution of the United States of America (Legal History Series)

$62 $14.7

Jefferson on Freedom: Wisdom, Advice, and Hints on Freedom, Democracy, and the American Way

$4 $12.99

Thomas Jefferson: Genius of Liberty

$32.03 $35

The Federalist Papers (Dover Thrift Editions: American History)

$7.14 $8

The Constitution of the United States including the Bill of Rights, Amendments 11-27 and The Declaration of Independence

$0.99 $4.5

The Constitutions of Abraham Lincoln and Jefferson Davis,: A historical and biographical study in contrasts (An Exposition-banner book)

$33.95

Jefferson's opinion on the sanctity of constitutions

Thomas Jefferson believed that constitutions should not be regarded as sacred documents. In a letter to Samuel Kercheval on July 12, 1816, Jefferson wrote:

> "Some men look at constitutions with sanctimonious reverence and deem them like the ark of the covenant, too sacred to be touched."

Jefferson argued that laws and constitutions must evolve alongside societal progress and advancements in human knowledge. He believed that constitutions should not remain static but instead be periodically reviewed and revised to reflect the needs and values of each new generation. In a letter dated September 6, 1789, he expressed this view:

> "No society can make a perpetual constitution, or even a perpetual law. The earth belongs always to the living generation... It may be said that the succeeding generation exercising in fact the power of repeal, this leaves them as free as if the constitution or law had been expressly limited to 19 years only."

While Jefferson did not want constitutions to be seen as sacred, he also did not advocate for frequent changes. He recognized the need for stability and continuity, as reflected in his actions as president, where he was willing to make compromises to maintain his core principles. Jefferson's complex legacy includes his contributions to articulating American ideals and leading the nation during its early years.

Jefferson's correspondence with James Madison

Thomas Jefferson and James Madison were known as a dynamic duo among the Founding Fathers. They formed a political partnership and personal friendship that complemented each other perfectly. Jefferson was serving as ambassador to France when the Constitutional Convention met in 1787, but he remained well informed about events in America, largely because of his correspondence with his good friend Madison.

Jefferson and Madison first met in the fall of 1776 and bonded over their shared enthusiasm for liberty, the arts, sciences, and agriculture. They also shared a passion for religious freedom in Virginia, rejecting Britain's policy of an official religion. Madison was instrumental in the passage of Jefferson's Statute for Religious Freedom, which became known as the Virginia Statute for Religious Freedom. This statute, which had three main sections, explained why compulsory religion requirements were wrong, stated that men were free to express their opinions on religion and choose how or if to worship without having their rights as citizens diminished, and explained how the right of freedom of religion was a natural right of mankind.

Jefferson and Madison also corresponded regularly during the drafting of the new Constitution in 1787. Jefferson shared his thoughts and ideas about the new framework with Madison, among others. Jefferson 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. Their correspondence during this period reveals several uncommon disagreements between the two men, but also how they worked together on important political issues. For example, Jefferson felt that Madison was overreacting in his proposal to give the federal congress a veto over all state laws. However, Madison eventually came around to Jefferson's view on the importance of a bill of rights, and he is now known as the Father of the Bill of Rights.

In addition to their collaboration on the Bill of Rights, Madison also kept Jefferson informed about Virginia politics and the proceedings of the Constitutional Convention. Their correspondence reveals their equal footing in areas of political philosophy and science, with Jefferson bringing his quick wit and passionate vision, while Madison contributed his shy and skeptical realism, seeing all sides of every issue.

Jefferson's influence on the drafting of the Constitution

Thomas Jefferson believed that constitutions and laws should advance with the progress of the human mind. He did not advocate for frequent changes in laws and constitutions, but he believed that they should keep pace with the times and not remain static. In a letter to Samuel Kercheval in 1816, Jefferson wrote that some men regard constitutions as too sacred to be touched, but he warned against this sanctimonious reverence. He also stated that no society can make a perpetual constitution, as the earth belongs to the living generation.

Jefferson had a significant influence on the drafting of the Constitution, despite being in Paris and serving as the United States minister in France when the Federal Constitution was written in 1787. He remained well-informed about events in America through his correspondence with James Madison, who was present at the Constitutional Convention. Jefferson and Madison shared a concern for creating a true balance of power within the government. In his letters to Madison, Jefferson explained his ideas for the federal government, including his belief that it should not have the power to veto laws passed by the states. This federal power was notably absent from the final draft of the Constitution.

Jefferson also played a role in shaping the 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. His correspondence with Madison helped convince the latter to introduce a bill of rights into the First Congress. In 1779, Jefferson drafted a bill establishing religious freedom, which was introduced in the Virginia General Assembly. Although it was not passed until 1786, it became the Virginia Statute for Religious Freedom. This statute was later traced as the origin of the First Amendment to the Constitution.

In addition to his influence on the federal level, Jefferson also had a significant impact on state constitutions. He helped write Virginia's original state constitution and later offered his thoughts on amending it. He also drafted a constitution for Kentucky, aiming to address what he believed were grave defects in the Virginia Constitution of 1776. Jefferson's proposed legislature for Virginia consisted of a house of delegates elected for a one-year term by all free males and a senate elected for a two-year term by electors. He also believed that the council of revision, composed of members of the executive and judiciary, should have the power to reject bills passed by the legislature.

Overall, Jefferson's influence on the drafting of the Constitution and its subsequent amendments is evident through his correspondence, his advocacy for a bill of rights, and his contributions to state constitutions. His ideas reflected his principles of limited government power and his conception of freedom.

Explore related products

A View from Abroad: The Story of John and Abigail Adams in Europe

$18.95 $19.99

The Rise And Fall Of The Confederate Government

$0.99 $14.99

Lives of the Signers of the Declaration of Independence

$11.13 $12.99

The Mind of Thomas Jefferson

$17.32 $25

Thomas Jefferson: Author of America (Eminent Lives)

$9.98 $18.99

Lincoln and the Constitution (Concise Lincoln Library)

$22.56 $24.95

Jefferson's views on the role of the federal government

Thomas Jefferson believed that the constitution should be adapted to keep pace with the times. He wrote that "laws and institutions must go hand in hand with the progress of the human mind". He also recognised that a stronger federal government would make the country more secure economically and militarily, but he feared that a strong central government could infringe on individual liberties.

Jefferson sought to establish a federal government of limited powers. He believed that the constitution should be interpreted strictly and that it should not be seen as sacred or untouchable. He wrote to Madison, explaining why the federal government should not have the power to veto laws passed by the states. He also believed that the constitution should be revised or remade as needed, with each generation having the chance to seriously review how laws affect them and change what isn't working.

Jefferson's principles were tested during his presidency, particularly when he was willing to expand his narrow interpretation of the Constitution to purchase the Louisiana Territory from France. However, he stood firm in ending the importation of slaves and maintaining his view of the separation of church and state. He also sought to stay true to his principles of a weak national government by cutting the federal budget and taxes while reducing the national debt.

Jefferson's interpretation of the Constitution

Thomas Jefferson was a key figure in the early years of the United States, and his interpretation of the Constitution was influential. Jefferson believed that the Constitution should not be regarded as sacred or permanent, but rather as a living document that must evolve alongside societal progress. This is reflected in his statement that "laws and institutions must go hand in hand with the progress of the human mind".

Jefferson advocated for a federal government with limited powers and played a crucial role in shaping the emerging republic. He sought to protect individual rights, such as freedom of the press and freedom of religion. He also recognised the need for a stronger federal government to ensure the country's economic and military security. Jefferson's interpretation of the Constitution was often at odds with that of Alexander Hamilton, who favoured a broader interpretation.

Jefferson's most notable contribution to the Constitution was his suggestion of a 19-year cycle for governmental processes. He believed that every generation should have the opportunity to review and revise the Constitution to suit their needs. This idea stemmed from his belief that a generation was approximately 20 years and that individuals above 40 would be disconnected from the ideas of the majority of the voting pool. While some have misinterpreted this as a desire to cancel the Constitution every 20 years, Jefferson's intention was to prevent stagnation and ensure the document remained relevant.

Overall, Jefferson's interpretation of the Constitution emphasised adaptability and the importance of reflecting the needs and values of each generation. He recognised the document's role in shaping the nation's future and believed in the power of revision to create a more perfect union.

Frequently asked questions