The United States was originally governed by the First Continental Congress under The Articles of Confederation which served as our first body of law. The Articles of Confederation were sufficient enough to carry our newly found union of states though the Revolution of 1776. After the war however, our system of government was showing signs of weakness and our country was suffering. The war left us with a substantial amount of domestic and foreign debt, our trade with other nations had become difficult due to foreign wars. Shay’s Rebellion is a good example of how our citizenry felt at the time. “The Regulators, as the rebels called themselves, sought to correct government and courts ridden with arbitrary and oppressive laws and excessive salaries for officials.” -(Richard Colton, historian, Springfield Armory NHS). The Articles needed to be updated, after much debate each state resolved to send representation to a Constitutional Convention to amend the Articles.
James Madison in the weeks leading up to the convention wrote “Vices of The Political System of the United States.”(1) His document lists points that he feels will make a strong government. Madison shares his ideas with the other members of the Virginia delegation, including George Washington. In a letter Madison sends to Washington on the 16 of April 1787, he details an outline for a national government with checks and balances between State and Federal powers. “Having been lately led to revolve the subject which is to undergo the discussion of the Convention, and formed in my mind some outlines of a new system.” (2). This was indeed a new system, many of the states at the time had fears that their values and populations would be overlooked by larger, wealthier states. James Madison’s ideas were a result of meticulous study of government systems that existed before and during his time. He carefully examined the pro’s and con’s of each government, dismissed some forms because of their failure rates and considered others with some degree of success. He found that governments such as republics and democracies flourished due to their nature of equality. Madison also found a flaw with said governments if they were allowed to rule unchecked. He incorporated the best of the democratic and republic systems to form his main points. The convention assembled and proposals were submitted to the chair for approval. Madison during the convention is part of the Committee of Design, this committee is responsible for the construction of the Constitution.
Thomas Jefferson during the Constitutional Convention is in Paris assuming the duties of Benjamin Franklin as an ambassador to France. On 24th Oct 1787, James Madison wanting to keep his friend and fellow Virginian informed sent a detailed letter of the proposals his committee is charged with constructing .
“Hence was embraced the alternative of a Government which instead of operating, on the States, should operate without their intervention on the individuals composing them; and hence the change in the principle and proportion of representation” (3).
Madison goes on to describe four goals that he sees are the most important about the framing the constitution thus far.
1. Stability of power between the Executive and Legislative Branches.
2. Division of power between Federal Government and State Government
3. Inclusiveness of all members within the Union.
4. Balance Interests, and Representation of small and large states.
“I will now add what I do not like. First the omission of a bill of rights providing clearly and without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land and not by the law of Nations” (Thomas Jefferson to James Madison 20 Dec. 1787 Papers 12:440)(4).
“Hence was embraced the alternative of a Government which instead of operating, on the States, should operate without their intervention on the individuals composing them; and hence the change in the principle and proportion of representation” (3).
Madison goes on to describe four goals that he sees are the most important about the framing the constitution thus far.
1. Stability of power between the Executive and Legislative Branches.
2. Division of power between Federal Government and State Government
3. Inclusiveness of all members within the Union.
4. Balance Interests, and Representation of small and large states.
“I will now add what I do not like. First the omission of a bill of rights providing clearly and without the aid of sophisms for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal and unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land and not by the law of Nations” (Thomas Jefferson to James Madison 20 Dec. 1787 Papers 12:440)(4).
Jefferson’s response to Madison is strongly persuasive for the people to have rights of protection against any government. The concept of a bill of rights was acceptable to Madison but, he liked to think things through and weigh the possible outcomes. Madison wanted to give the people their rights but feared it would be a hollow promise with no way to enforce the bill. Madison also writes that he would be troubled in submitting a bill of rights using absolute restrictions, he explains that the people if they were to ignore a law, the government would intercede to enforce the law, which the people would interpret into government oppression which will lead to open rebellion against the government. The argument that Madison makes is compelling, the conclusion might be dramatic, but it has some merit if there is no way to protect the people against abuses from the government they will become resentful and lose faith.
“My own opinion has always been in favor of a bill of rights; provided it be so framed as not to imply powers not meant to be included in the enumeration. At the same time I have never thought the omission a material defect, nor been anxious to supply it even by subsequent amendment, for any other reason than that it is anxiously desired by others. I have favored it because I supposed it might be of use, and if properly executed could not be of disservice”
(James Madison to Thomas Jefferson 17 Oct. 1788 Papers 11:297—300)(5).
Jefferson understands the struggle which Madison is wrestling with, how to secure rights for individuals at the same time protect these rights and keep stability of power between the different entities of government. Jefferson suggests empowering the Judicial branch, which could overturn any law deemed unconstitutional thus protecting the citizens from a corrupt government.
“My own opinion has always been in favor of a bill of rights; provided it be so framed as not to imply powers not meant to be included in the enumeration. At the same time I have never thought the omission a material defect, nor been anxious to supply it even by subsequent amendment, for any other reason than that it is anxiously desired by others. I have favored it because I supposed it might be of use, and if properly executed could not be of disservice”
(James Madison to Thomas Jefferson 17 Oct. 1788 Papers 11:297—300)(5).
Jefferson understands the struggle which Madison is wrestling with, how to secure rights for individuals at the same time protect these rights and keep stability of power between the different entities of government. Jefferson suggests empowering the Judicial branch, which could overturn any law deemed unconstitutional thus protecting the citizens from a corrupt government.
“In the arguments in favor of a declaration of rights, you omit one which has great weight with me, the legal check which it puts into the hands of the judiciary. This is a body, which if rendered independent, and kept strictly to their own department merits great confidence for their learning and integrity.” (Thomas Jefferson to James Madison 15 Mar. 1789 Papers 14:659—61)(6)
Madison after receiving Jefferson’s letter comprehends how to solve the problem of checks and balances with regard to a Bill of Rights. June 8, 1789, Madison proposed our Bill of Rights(7). The deliberation during the session was very intense Madison stood his ground and proposed the amendment to the house. Madison not only introduced the Bill of Rights Madison affirmed his position as a nationalist. By the end of the session, he gave the populous an identity as United States citizens. This is significant because at the time citizens identified themselves as state residents not residents of a single nation. Although Congress at this time was not ready to hear about amending the constitution, a motion was passed to send the Bill of Rights to the Committee of the Whole for further review. Through the summer of 1789, the Committee debated weather the Constitution should be rewritten to include these rights or should the amendment be added as a supplement. August 19, 1789 the House adopted the motion to add the Bill as a supplement to the Constitution.
On the 25th of September 1789, Congress approved the amendments and proposed them to the States. The States eventually ratified the amendment on the 15th of December 1791. Madison, with input from Jefferson, had finally given the people the Bill of Rights(8), and a national identity. The addition of rights for the people amended to the constitution, gave every citizen unilateral liberties. The threat of government abuse of these liberties is now tempered with the empowerment of the Judicial Branch which is independent but of equal power of the Executive and Legislative Branches. We the People of the United States now takes on a new meaning, the Bill of Rights gives the people a national voice, before, that voice went as far as the state boarder.
On the 25th of September 1789, Congress approved the amendments and proposed them to the States. The States eventually ratified the amendment on the 15th of December 1791. Madison, with input from Jefferson, had finally given the people the Bill of Rights(8), and a national identity. The addition of rights for the people amended to the constitution, gave every citizen unilateral liberties. The threat of government abuse of these liberties is now tempered with the empowerment of the Judicial Branch which is independent but of equal power of the Executive and Legislative Branches. We the People of the United States now takes on a new meaning, the Bill of Rights gives the people a national voice, before, that voice went as far as the state boarder.
Sources cited:
1. The Founders' ConstitutionVolume 1, Chapter 5, Document 16
The Papers of James Madison. Edited by William T. Hutchinson et al. Chicago and London: University of Chicago Press, 1962-77 (vols. 1-10); Charlottesville: University Press of Virginia, 1977-(vols. 11-). 9:348-52. The Founders' ConstitutionVolume 1, Chapter 8, Document 6
4. The Founders' ConstitutionVolume 1, Chapter 14, Document 30
5. The Founders' ConstitutionVolume 1, Chapter 14, Document 47
6. The Founders' ConstitutionVolume 1, Chapter 14, Document 49
7. The Founders' ConstitutionVolume 1, Chapter 14, Document 50
8. The Founders' ConstitutionVolume 5, Bill of Rights, Document 12
