Thomas Jefferson's Constitution: A Critical View

Thomas Jefferson, the author of the Declaration of Independence and the third US president, had a complicated relationship with the US Constitution. Jefferson was stationed in Paris as the US ambassador to France during the Constitutional Convention and the drafting of the Constitution, which meant that he was unable to participate directly in the process. However, he corresponded with key figures such as James Madison and John Jay, advocating for certain principles to be included in the Constitution, such as the independence of the national government from state legislatures, a bicameral legislature, and the power to tax and regulate commerce. He also believed that the Constitution should include a Bill of Rights to guarantee personal liberties like freedom of religion, freedom of the press, and freedom from standing armies. Jefferson had concerns about the secrecy of the Constitutional Convention and believed that the Constitution should be periodically revised to keep up with the progress of society. He famously argued that a constitution should lapse roughly every 19 years to avoid becoming an act of force and not of right.

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Jefferson believed the Constitution should be rewritten every 19 years

Thomas Jefferson, the author of the Declaration of Independence and the third US president, was notably absent from the Constitutional Convention. As the US ambassador to France, he was stationed in Paris and unable to participate in designing the new plan for union or to vocally push for or against ratification.

Jefferson's only book, *Notes on the State of Virginia*, was first published anonymously in Europe in 1785. In it, he spent a great deal of time pondering constitutional issues. While in Paris, he closely followed developments in the US and 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's correspondence with Madison reveals his cautious reservation about the new plan, with his ultimate, practical acceptance. He thought the basic principles of the Articles of Confederation, "with all the imperfections... is without comparison the best existing [government] or that ever did exist". He saw the Constitution as having "a bitter pill or two", citing no guaranteed term limits or rotation for the presidency, and no bill of rights. He also opposed the secrecy of the Constitutional Convention.

Jefferson believed that a dynamic society like the US needed periodic constitutional revision lest it be suffocated by an out-of-date social contract. He wrote, "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 civilized society to remain ever under the regimen of their barbarous ancestors."

Jefferson's "solution" to the problem of a claustrophobic constitution was to rewrite it once every nineteen or twenty years. In a letter written to James Madison from Paris just after the French Revolution had broken out, Jefferson argues that any Constitution expires after 19 years and must be renewed if it is not to become "an act of force and not of right". He asks whether "one generation of men has a right to bind another", either in the form of a financial debt or a political obligation to obey a constitution of laws not contracted by that individual. He believed in the principle that "the earth belongs to the living and not to the dead", which meant that previous generations could not bind the current generation to pay their debts, or require them to work in their father's occupation, or to accept the laws and the constitution drawn up by their ancestors.

He wanted a Bill of Rights to secure personal liberties

Thomas Jefferson, the author of the Declaration of Independence and the third US president, promoted the ideals of freedom of speech, press, and conscience. He believed that every American should have the right to prevent the government from infringing on the liberties of its citizens.

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. He argued that a list of rights would help give the judiciary the power to ensure that other branches of the government would not infringe on citizens' civil liberties. In a letter to James Madison, Jefferson wrote:

> "The question Whether one generation of men has a right to bind another, seems never to have been started either on this or our side of the water... between society and society, or generation and generation there is no municipal obligation, no umpire but the law of nature. We seem not to have perceived that, by the law of nature, one generation is to another as one independent nation to another... Every constitution, then, and every law, naturally expires at the end of 19 [years]."

Jefferson's correspondence with Madison helped convince him to introduce a bill of rights into the First Congress. Jefferson's impact on constitutional issues was significant, both as a political party leader and as a president for eight years.

He opposed the secrecy of the Constitutional Convention

Thomas Jefferson, the author of the Declaration of Independence and the third president of the United States, held strong beliefs about the role of government and the rights of citizens. While he was stationed in Paris as the American ambassador to France, he was unable to participate directly in the Constitutional Convention of 1787. However, Jefferson's ideas and correspondence with key figures like James Madison influenced the formation of the Constitution.

One aspect that Thomas Jefferson disagreed with during the Constitutional Convention was the secrecy of the proceedings. Jefferson expressed his frustration with the lack of transparency, which contrasted with his belief in the importance of public engagement and debate in the political process. He felt that the secrecy of the Convention, held in Philadelphia, was a misjudgment and may have contributed to his being incorrectly labelled an Antifederalist.

Despite his absence from the Constitutional Convention, Jefferson remained actively engaged in the discussions surrounding the creation of the Constitution. He corresponded with individuals who contributed to its formation, such as Madison and John Jay, an author of the Federalist Papers. Jefferson shared his ideas and concerns with Madison, who was present at the Convention. For example, Jefferson argued against granting the federal government the power to veto state laws, an idea that Madison supported but which was ultimately not included in the final draft of the Constitution.

Jefferson's opposition to the secrecy of the Constitutional Convention stemmed from his broader philosophical beliefs about government and the role of citizens. He advocated for a dynamic and adaptable Constitution that could be periodically revised to remain aligned with the progress of society. In his view, a constitution should not be static and sacred but rather a living document that evolves with the needs and aspirations of each generation. This perspective is reflected in his statement, "Laws and institutions must go hand in hand with the progress of the human mind."

In conclusion, Thomas Jefferson's opposition to the secrecy of the Constitutional Convention was rooted in his commitment to transparency and his belief in the need for periodic constitutional revision. While he was unable to participate directly in the Convention due to his diplomatic duties in Paris, his ideas and correspondence with key figures influenced the process and helped shape the final document. Jefferson's legacy lies in his contribution to the development of democratic values and his emphasis on safeguarding the rights and liberties of citizens.

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He thought the federal government should not be able to veto state laws

Thomas Jefferson had a complex relationship with the Constitution of the United States, and one of his primary concerns was the balance of power between the federal government and the states. Jefferson believed in a strict interpretation of the Constitution, and he advocated for a limited role for the federal government. In his view, the states should retain significant autonomy and the power to govern themselves without excessive interference from the central government.

One of Jefferson's main objections to the Constitution was the potential for the federal government to veto state laws. He believed that the states were sovereign entities and should have the final say over their own legislation. The veto power granted to the federal government in the Constitution, in Jefferson's view, upset the balance of power and gave the central government too much authority over the states. Jefferson feared that this power could lead to the suppression of state rights and a consolidation of power in the hands of a few, which ran counter to his vision of a decentralized government closely tied to the people.

Jefferson's belief in states' rights and his wariness of a strong central government were rooted in his experiences during the American Revolution and his adherence to the principles of republicanism. He believed that a federal veto over state laws could lead to the concentration of power, potentially resulting in tyranny and the erosion of liberty. In his eyes, the states were the best guardians of their citizens' rights and freedoms, and they should be free to govern themselves without undue influence from the federal government.

Additionally, Jefferson's views on the federal veto power reflected his belief in the importance of a strict interpretation of the Constitution. He argued that the powers of the federal government should be narrowly defined and limited to those explicitly granted by the Constitution. By allowing the federal government to veto state laws, Jefferson feared that it would grant the central government an overly broad and flexible power that could be used to expand its authority beyond what was originally intended by the Founding Fathers.

Jefferson's concerns about the federal veto power were not merely theoretical. During his lifetime, he witnessed disputes between the states and the federal government over the interpretation of the Constitution. These conflicts reinforced his belief that a clear division of powers and a strict interpretation of the document were necessary to protect the rights of the states and the people.

In conclusion, Thomas Jefferson's objection to the federal government's veto power over state laws was rooted in his commitment to states' rights, his interpretation of the Constitution, and his desire to protect liberty and prevent tyranny. His views continue to shape political debates today, with some advocating for a return to a more decentralized form of government that he championed.

Jefferson was concerned about a lack of rotation in office

Thomas Jefferson, the author of the Declaration of Independence and the third US president, had several concerns about the US Constitution. One of his main concerns was the lack of guaranteed term limits and rotation in office for the presidency. Jefferson believed that the absence of term limits could lead to a concentration of power in the executive branch and potentially hinder the progress of the nation.

In his correspondence with James Madison, Jefferson emphasised the importance of periodic constitutional revision. He argued that a dynamic society like the United States required a flexible constitution that could adapt to the changing needs and values of each generation. Jefferson's belief in the principle that "the earth belongs to the living and not to the dead" influenced his idea that constitutions should lapse and be renewed approximately every 19 years. This view, expressed in a letter to Madison in 1789, challenged the notion that one generation could bind another to a set of laws or political obligations.

Jefferson's concerns about the lack of rotation in office extended beyond the presidency. He advocated for a bill of rights that would protect citizens' civil liberties and prevent the government from infringing on their freedoms. Jefferson's influence can be seen in the eventual inclusion of a Bill of Rights, which helped ensure that other branches of the government could not override the rights guaranteed to the people.

While Jefferson was unable to participate directly in the Constitutional Convention due to his role as the ambassador to France, he corresponded with individuals who contributed to the formation of the Constitution, such as Madison and John Jay. Through these letters, Jefferson shared his ideas and concerns about the lack of rotation in office and the need for a bill of rights. Despite his distance from the debates, Jefferson's influence on the Constitution and its subsequent revisions is significant, shaping the understanding of the rights and responsibilities of the government and its citizens.

Jefferson's concerns about the lack of rotation in office reflected his broader beliefs about the role of government and the importance of individual liberties. He advocated for a weak national government, with limited powers and financial independence from the states. Jefferson's principles guided his presidency, as he worked to reduce the federal budget and national debt while also making notable decisions that may seem at odds with these values, such as the Louisiana Purchase of 1803.

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