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  • Memorial and Remonstrance against Religious Assessments

     |  Religion, Morality, and Property

    Memorial and Remonstrance against Religious Assessments Memorial and Remonstrance against Religious Assessments 1 James Madison (1751-1836) Madison circulated the Memorial and Remonstrance anonymously in 1785 as part of the effort to pass the Virginia Statute for Religious Freedom. It appeals to Christian citizens by emphasizing that Christianity's own teachings preclude politically coerced support for particular sects, and to all citizens based on reason. June 20, 1785 To the Honorable the General Assembly of the Commonwealth of Virginia: A Memorial and Remonstrance We the subscribers, citizens of the said Commonwealth, having taken into serious consideration, a Bill printed by order of the last Session of General Assembly, entitled "A ...
  • On Property

     |  Religion, Morality, and Property

    On Property On Property 1 James Madison Madison, known as the "Father of the Constitution," was elected from Virginia to the U.S. House of Representatives in 1788, where he served four terms. This essay, which then-Congressman Madison wrote for a New York newspaper, connects the idea of property rights as commonly understood to man's natural rights, culminating in the right of conscience. March 29, 1792 This term in its particular application means "that dominion which one man claims and exercises over the external things of the world, in exclusion of every other individual." In its larger and juster meaning, it embraces every thing to which a man may attach a value and have a right; and which leaves to every one else the like advantage ...
  • Vices of the Political System of the United States

     |  Articles of Confederation

    Vices of the Political System of the United States Vices of the Political System of the United States 1 James Madison In this essay, Madison outlines the main issues that the Constitutional Convention should address. His early arrival in Philadelphia allowed him to incorporate his ideas into a recommended plan for the Convention—what came to be called the Virginia Plan—representing no mere revision of the Articles of Confederation, but the adoption of an entirely new Constitution. April 1787 1. Failure of the States to comply with the Constitutional requisitions. This evil has been so fully experienced both during the war and since the peace, results so naturally from the number and independent authority of the States and has been so uniformly ...
  • Federalist 10

     |  Rethinking Union and Government

    Federalist 10 Federalist 10 1 James Madison Whereas democracy entails direct rule of the people, in a republic the people rule indirectly, through their representatives. A republic can therefore encompass a greater population and geographical area. This difference is decisive in the American experiment, Publius argues, for an expansive republic is able to control the inherent danger of majority faction. November 22, 1787 The Union as a Safeguard Against Domestic Faction and Insurrection Among the numerous advantages promised by a well-constructed Union, none deserves to be more accurately developed than its tendency to break and control the violence of faction. The friend of popular governments never finds himself so much alarmed for their ...
  • Federalist 40

     |  Rethinking Union and Government

    Federalist 40 Federalist 40 1 James Madison In creating the Constitution, the Constitutional Convention overstepped its mandate, which was to amend the Articles of Confederation. Publius cannot dispute this. Instead, he appeals to the principles of the Declaration of Independence to support the Convention's work. January 18, 1788 The Powers of the Convention to Form a Mixed Government Examined and Sustained The second point to be examined is whether the convention were authorized to frame and propose this mixed Constitution. The powers of the convention ought, in strictness, to be determined by an inspection of the commissions given to the members by their respective constituents. As all of these, however, had reference either to the ...
  • Federalist 48

     |  Rethinking Union and Government

    Federalist 48 Federalist 48 1 James Madison Taking the argument of the previous paper one step further, Publius argues that overlapping branches are essential to the maintenance of separation of powers. Unless each branch possesses "practical security" against the other two, departmental boundaries will be mere "parchment barriers" and the legislative branch will likely absorb all power to itself. February 1, 1788 These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other It was shown in the last paper that the political apothegm there examined does not require that the legislative, executive, and judiciary departments should be wholly unconnected with each other. I shall undertake, in the next ...
  • Federalist 51

     |  Rethinking Union and Government

    Federalist 51 Federalist 51 1 James Madison Publius argues that the Constitution will maintain separation of powers by means of its "interior structure." The "great security" against tyranny is to give the members of each department the "necessary constitutional means" combined with the requisite "personal motives" to resist encroachments on their power. The fact "that such devices should be necessary to control the abuses of government" is a "reflection on human nature." February 6, 1788 The Structure of the Government Must Furnish the Proper Checks and Balances Between the Different Departments To what expedient, then, shall we finally resort, for maintaining in practice the necessary partition of power among the several departments as ...
  • Federalist 52

     |  Three Branches of Government

    Federalist 52 Federalist 52 1 James Madison The House of Representatives is designed, Publius explains, to be closest to the people. February 8, 1788 The House of Representatives From the more general inquiries pursued in the four last papers, I pass on to a more particular examination of the several parts of the government. I shall begin with the House of Representatives. The first view to be taken of this part of the government relates to the qualifications of the electors and the elected. Those of the former are to be the same with those of the electors of the most numerous branch of the State legislatures. The definition of the right of suffrage is very justly regarded as a fundamental article of republican government. It was incumbent ...
  • Federalist 57

     |  Three Branches of Government

    Federalist 57 Federalist 57 1 James Madison Publius explains the necessity of virtue in elected representatives and of a spirit of manly vigilance in the American people. February 19, 1788 The Alleged Tendency of the New Plan to Elevate the Few at the Expense of the Many Considered in Connection with Representation The third charge against the House of Representatives is that it will be taken from that class of citizens which will have least sympathy with the mass of the people, and be most likely to aim at an ambitious sacrifice of the many to the aggrandizement of the few. Of all the objections which have been framed against the federal Constitution, this is perhaps the most extraordinary. Whilst the objection itself is leveled against ...
  • Federalist 62

     |  Three Branches of Government

    Federalist 62 Federalist 62 1 James Madison The Senate, with its equal representation of each state and members selected by state legislatures, was at once a concession to small states and a bulwark of federalism. Due to its structure, it would also lend the legislative branch stability and wisdom. February 27, 1788 The Senate Having examined the constitution of the House of Representatives, and answered such of the objections against it as seemed to merit notice, I enter next on the examination of the Senate. The heads into which this member of the government may be considered are: I. The qualification of senators; II. The appointment of them by the State legislatures; III. The equality of representation in the Senate; IV. The number of ...
  • Five Founders on Slavery

     |  Roots of the Slavery Crisis

    Five Founders on Slavery George Washington, John Adams, Benjamin Franklin, Alexander Hamilton, and James Madison on Slavery None of the leading Founders ever declared slavery to be a just or beneficial institution. In fact, they hoped to see the slave trade eradicated, and eventually the entire institution of slavery made illegal. George Washington Letter to Robert Morris 1 April 12, 1786 "...[T]here is not a man living who wishes more sincerely than I do, to see a plan adopted for the abolition of it...." John Adams Letter to Robert J. Evans 2 June 8, 1819 "...Every measure of prudence, therefore, ought to be assumed for the eventual total extirpation of slavery from the United States.... I have, through my whole life ...
  • Federalist 54

     |  Roots of the Slavery Crisis

    Federalist 54 Federalist 54 1 James Madison Madison here gives voice to the understanding of the South regarding the three-fifths clause of the Constitution, which required that three-fifths of the slaves in each state be counted for purposes of representation. This clause had a strange history. Most Southerners argued that slaves should be counted as full persons for voting purposes, while Northerners opposed to slavery advocated that they not be counted at all. Here Madison's "Southerner" presents the compromise position with approval, but in the process admits much of its moral illogic. February 12, 1788 The Apportionment of Members Among the States ..."We subscribe to the doctrine," might one of our Southern brethren observe, "that ...
  • Letter to Edward Everett

     |  Roots of the Slavery Crisis

    Letter to Edward Everett Letter to Edward Everett 1 James Madison In this 1830 response to Massachusetts statesman Edward Everett, Madison maintains that a state does not possess the authority to strike down as unconstitutional an act of the federal government. The contrary doctrine, known as nullification, would take on later significance. August 28, 1830 I have duly received your letter in which you refer to the "nullifying doctrine," advocated as a constitutional right by some of our distinguished fellow citizens; and to the proceedings of the Virginia Legislature in 98 and 99, as appealed to in behalf of that doctrine; and you express a wish for my ideas on those subjects. I am aware of the delicacy of the task in some respects; and ...
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