James Madison Quotes


It is a further boast that a regular mode of making proper alterations has been providently inserted into the Constitution itself.


Context

of the American form of government


Citations

James Madison, 1751-1836, 4th President of the United States (Democratic Republican, VA), Letter to Virginia Chief Justice Spencer Roan, September 2, 1819

Sourced by: Eigen's Political and Historical Quotations

Related Quotes

The quotation he gives from the first Chief Justice is from McCulloch v. Maryland, 1819. The issue is one that has divided jurists and politicians ever since the Constitution was ratified was should it be interpreted literally giving credence only to that which the framers specifically intended or as Hughes, Marshall and most modern interpreters believe that the principles should be interpreted in the light of the times. The Founding Fathers never envisaged an Internet or a potential enemy who could kill millions of Americans without sending large contingents of soldiers to our shores.


When the Constitution was presented for ratification there were many who demanded changes before ratification to insure the rights of individuals and States. Others, agreeing that amendments were necessary, argued for passage after ratification. As soon as the Constitution was ratified, the first 10 Amendments—The Bill of Rights—were also passed.


There are some conservatives who accused Brennan of altering the Constitution from the bench by his opinions. However, there is an unending debate as to how the constitutional interpreters should deal with concepts and reality that did not exist at the time of the Constitutional Convention and were unconcieved of. Some justices like Brennan believe that the principles of the Constitution should be extended and extrapolated to modernity. Others believe that in the absen?ce of specific language even Supreme Court just should not try and extrapolate. Both are reputable views and as time and technology march ahead, the issue is joined more frequently. For example, the Founding Fathers did not conceive of atomic weapons. But they insisted that Americans have the right to bear arms. An atomic bomb is a type of arm—a weapon of war and defense. Does an individual American have the right to have his own atomic bomb?


The Presidential election of 1800 produced a crisis even greater than that of 2000. There was an Electoral College tie between Thomas Jefferson and Aaron Burr—both of the same party, Democratic Republicans. The Federalist Party led by President John Adams had been totally rejected by the voters and Adams was in third place. However, the Federalists saw an opportunity of maintaining the Presidency anyway. The Constitution threw the election into the House of Representatives with each State delegation having a single vote. In the House, the Federalists had parity with Jefferson’s party which resulted in 35 tie votes. Finally, Congressman Bayard, the sole Congressman from Delaware, withheld his vote on the 36th ballot, thereby electing Thomas Jefferson of the opposition party. His reason was:


This proposed Constitutional Amendment was debated just before Abraham Lincoln would take office. The South wanted to tie his hands on the Slavery issue, and wanted to end what had become a constant polarized Congressional debate over slavery. Of course, their idea of ending the debate was to Constitutionally prohibit further attempts to outlaw or otherwise interfere with slavery in the Southern states. A number of Northern members of Congress voted for it realizing that there was little or no chance of obtaining the ratifications of ¾ of the states and they wanted to buy some time for the Southerners to calm down over their fear of Lincoln and his upstart Republican party. The Amendment never obtained the needed votes though a few states did ratify it. Secession and the Civil War mad the amendment moot. The Southern position was so rigid, that they would compromise in no way on the slavery issue, and ended up of course losing more than they ever thought was possible by succeeding. Another reason this proposed amendment is historically important, is that it is yet another strong piece of evidence that the issue of the Civil War was slavery and not differences in political and economic philosophies as many Southerners have claimed since then. If States Rights in general were the great concern, would have been no reason to single out slavery if it were not the major issue. Yet the last phrase, “including that of persons held to labor or service by the laws of said State” does just. Similar evidence is given by the Secession Resolutions of the Southern States and the debates around them. It is clear that slavery was the issue that the South fought over.


James Madison
James Madison
  • Born: March 16, 1751
  • Died: June 28, 1836
  • Nationality: American
  • Profession: President

James Madison Jr. was an American statesman, diplomat, expansionist, philosopher, and Founding Father who served as the fourth president of the United States from 1809 to 1817. He is hailed as the "Father of the Constitution" for his pivotal role in drafting and promoting the Constitution of the United States and the United States Bill of Rights. He co-wrote The Federalist Papers, co-founded the Democratic-Republican Party, and served as the fifth United States Secretary of State from 1801 to 1809.