Jonah Patel
Thomas Jefferson and James Madison played pivotal roles in shaping the US Constitution. Jefferson, serving as ambassador to France, remained well-informed about events in America through his correspondence with Madison. Notably, Jefferson's advocacy for a written bill of rights to guarantee personal liberties, including freedom of religion, freedom of the press, and freedom from standing armies, influenced Madison's thinking. Madison, a dominant force at the Constitutional Convention, advocated for principles of separation of powers, checks and balances, and federalism. He recognized the importance of interpreting and settling uncertain terms in the Constitution, a process he referred to as liquidation. Madison's records of the Constitutional Convention debates remain a vital source for historians. Both Jefferson and Madison contributed to the development and interpretation of the Constitution, with Madison earning the moniker Father of the Constitution.
| Characteristics | Values |
|---|---|
| Interpretation and practice | Could not change the Constitution but could change Madison's own mind about what should be understood as the accepted public meaning of the Constitution |
| Liquidation | Could settle certain questions genuinely left open by the Constitution's text |
| The Constitution's terms | Uncertain or indefinite meaning, admitting a range of plausible readings |
| Interpretation | Long, consistent, and broadly accepted interpretation and practice might, over time, settle the understanding of uncertain terms or phrases |
| The Bill of Rights | Madison's goal of reconciling its opponents to the Constitution and protecting individual liberties |
| The Virginia Plan | Laid the groundwork for debates at the Constitutional Convention |
| The Virginia Statute for Religious Freedom | Passed in 1786 |
| The First Amendment | Consistent with Madison's proposal but more descriptive |
| The Alien and Sedition Acts | Clear violations of the freedoms of speech and the press |
| The Virginia and Kentucky Resolutions of 1798 | Written anonymously by Jefferson and Madison |
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What You'll Learn
Thomas Jefferson's desire for a bill of rights
Thomas Jefferson, the author of the Declaration of Independence and third President of the United States, was a strong advocate for a Bill of Rights. He believed that a stronger federal government would make the country more secure economically and militarily, but he also feared that a strong central government might become too powerful and restrict citizens' rights.
Jefferson's desire for a Bill of Rights was driven by his belief in certain fundamental liberties, including freedom of religion, freedom of speech, freedom of the press, freedom of assembly, and freedom to petition. He wanted to guarantee these liberties for all citizens and prevent the government from infringing upon them. In a letter to James Monroe dated August 9, 1789, Jefferson expressed his conviction that Congress should strengthen the new Constitution by adding amendments to safeguard important civil liberties. He specifically mentioned the rights to trial by jury, freedom of religion, and freedom of the press, which were later included in the Bill of Rights.
Jefferson's correspondence and collaboration with James Madison, a key figure in the creation of the Constitution, were also instrumental in shaping his thoughts on the Bill of Rights. Madison shared Jefferson's concerns about the potential abuse of power by a strong central government and the need to protect individual liberties. In his essay "Vices of the Political System," Madison criticised the Articles of Confederation for allowing "tyrannical majorities" in the states to pass laws that violated the rights of minorities. He advocated for constitutional principles of separation of powers, checks and balances, and federalism to limit government power.
The influence of Jefferson's ideas can be seen in Madison's later actions. During the Constitutional Convention, Madison proposed a bill of rights to protect individual liberties and address concerns about government overreach. After the Constitution was ratified, Madison, as a leader in the First Federal Congress, introduced and pushed for the adoption of twelve amendments, later known as the Bill of Rights. Eleven states, including North Carolina, Rhode Island, and Virginia, ratified the Bill of Rights by 1791, securing its place in the Constitution.
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James Madison's Federalist Number 10
James Madison's Federalist No. 10 is an essay that is considered among the most highly regarded of all American political writings. It was first published in The Daily Advertiser (New York) on November 22, 1787, under the name "Publius". It is the tenth of The Federalist Papers, a series of essays initiated by Alexander Hamilton arguing for the ratification of the United States Constitution.
In Federalist No. 10, Madison addresses how to reconcile citizens with interests contrary to the rights of others or inimical to the interests of the community as a whole. He saw factions as inevitable due to the nature of man—that is, as long as people hold differing opinions, have differing amounts of wealth, and own differing amounts of property, they will continue to form alliances with those most similar to them. He believed that these factions could sometimes work against the public interest and infringe upon the rights of others. Madison defines a faction as:
> "A number of citizens, whether amounting to a minority or majority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community."
Madison identifies the most serious source of faction to be the diversity of opinion in political life, which leads to disputes over fundamental issues such as what regime or religion should be preferred. He argues that the various and unequal distribution of property is also a significant source of faction. Madison believed that the formation of factions was inevitable and could be mitigated through the creation of a large republic. He saw the tendency to break and control the violence of faction as one of the numerous advantages promised by a well-constructed Union.
Federalist No. 10 defended the form of republican government proposed by the Constitution and explained and defended the checks and balances system within it. Madison's nationalist position shifted the debate away from a position of pure state sovereignty and toward a compromise.
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The Virginia Plan
The plan called for the creation of a supreme national government with three branches: executive, legislative, and judicial. The legislative branch would be bicameral, with the members of the first branch being elected by the people of the states for a term of three years. This first branch would then select the members of the second branch (the Senate) from a list of candidates nominated by the state legislatures. The Virginia Plan was a radical departure from the Articles of Confederation, which it sought to correct and enlarge to achieve their original purpose: to provide for the "common defence, security of liberties, and general welfare".
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The Alien and Sedition Acts
The four acts were: the Naturalization Act, the Alien Friends Act, the Alien Enemies Act, and the Sedition Act. The Naturalization Act increased the number of years that immigrants must wait to obtain US citizenship and the right to vote, from five to 14 years. The Alien Friends Act authorized the president to deport any foreigner deemed dangerous to the peace and safety of the nation, or suspected of conspiring against the government. The Alien Enemies Act allowed the deportation of any foreigner who hailed from a country at war with the United States. The Sedition Act limited freedom of speech and was used to suppress criticism of the Adams administration.
The Democratic-Republicans, led by Jefferson, triumphed in the elections of 1800. Upon assuming the presidency, Jefferson pardoned those still serving sentences under the Sedition Act, and the new Congress repaid their fines. The Sedition Act was allowed to expire, and of the four original acts, only the Alien Enemies Act remained in force after 1802.
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The Virginia Statute for Religious Freedom
The statute was drafted in 1777 in Fredericksburg, Virginia, and introduced to the Virginia General Assembly in 1779. However, it faced opposition from powerful members of the established Church of England and was initially unsuccessful. In 1784, Patrick Henry proposed a bill titled "A Bill Establishing a Provision for Teachers of the Christian Religion," which called for a tax to support all Christian sects. This bill was opposed by James Madison, who saw an opportunity to revive Jefferson's statute as an alternative. With Madison's guidance, Jefferson's bill finally passed in 1786, and it was signed into law on January 19th of that year.
The statute is divided into three sections. The first section, the preamble, affirms the freedom of conscience and the separation of church and state. It states that Almighty God has created the mind free, and that attempts to influence religious belief through temporal punishment or burdens are wrong. The second section is the act itself, which states that no person shall be compelled to attend or support any religious worship, place, or ministry, and that individuals are free to worship as they please without discrimination. The third section acknowledges the right of future assemblies to change the law but declares that doing so would be an infringement of natural rights.
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Frequently asked questions
Madison advocated for constitutional principles of separation of powers, checks and balances, bicameralism, and federalism, which would limit government and protect individual liberties.
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.
Through their correspondence, Jefferson helped convince Madison to introduce a bill of rights into the First Congress. After ratification, the first ten amendments to the Constitution, known as the Bill of Rights, went into effect in 1791.
Madison's advocacy for individual liberties and Jefferson's push for a bill of rights helped shape the Constitution and protect the freedoms outlined in the First Amendment.
