Madison's experience with the Articles of Confederation had convinced him that a stronger national government was needed and that revision of the Articles would not suffice. In the next few years he was to be perhaps the single most influential person in the transformation of the U.S. government that resulted in the Constitution and the Bill of Rights. He and Alexander Hamilton provided the leadership at the Annapolis Convention that issued the successful call for a constitutional convention.

Virginia elected a prestigious delegation to the Constitutional Convention including Madison, George Mason, and George Washington, the hero of the American Revolution and the most widely admired American of his day. Madison realized that the General's presence at the Convention would be critical to its success: for months he carefully urged Washington to attend. To Madison's great satisfaction, Washington finally agreed.

"Life of George Washington" The Farmer painted by Stearns. American Memory Collection of the Library of Congress.

The members of the Virginia delegation to the Constitutional Convention arrived early and conferred among themselves, adopting the Virginia Plan which was to set the agenda for the debates at the Convention. The Plan was introduced by then Virginia Governor Randolph, but Madison is thought to have had the predominant influence in its shaping.

Madison had prepared for the Convention for years. (Madison's preparation is discussed more fully in the introduction to his Notes on the Confederacy.) His careful preparation and gentle disposition set him apart at the Convention. William Pierce, delegate from Georgia, was impressed:

"Mr. Maddison [sic] is a character who has long been in public life; and what is very remarkable every Person seems to acknowledge his greatness. He blends together the profound politician, with the Scholar. In the management of every great question he evidently took the lead in the Convention, and tho' he cannot be called an Orator, he is a most agreeable, eloquent and convincing Speaker. From a spirit of industry and application which he possesses in a most eminent degree, he always comes forward the best informed Man of any point in debate…Mr. Maddison is about 37 years of age, a Gentleman of great modesty, — with a remarkable sweet temper." (Quoted in Madison, 1902, III, pages 41-42n)

The Constitution as adopted was not entirely to Madison's liking: he had advocated empowering the national legislature (Congress) to veto state legislation. Nonetheless he was eventually convinced that the Supremacy Clause, to be enforced by the courts, was an adequate substitute.

Preamble to the Constitution.

With the Constitution proposed to the states, Madison immediately turned his attention to ratification. Jefferson, by this time Madison's close friend, was in Paris, our ambassador to France. Madison quickly wrote him a letter describing the new Constitution (see letter to Jefferson) and implicitly seeking to obtain his support, or failing that, to forestall his opposition.

Madison was the leader of the advocates of the Constitution at the Virginia convention taking on both George Mason and Patrick Henry; and assisted in the New York ratification by his contributions to the Federalist Papers. Alexander Hamilton had enlisted Madison in the writing of the Federalist Papers, but Madison's contributions are the most quoted today. The founders had invented a new form of government which we today call federalism and Madison called mixed: a mixture of the unitary or consolidated form and the confederacy. Sovereignty had been thought to be indivisible: it must rest either with the states or the federal government. Nonetheless, the founders divided powers between the federal government and the states. At the Virginia convention to ratify the Constitution, Madison argued:

"It is of a mixed nature; it is in a manner unprecedented; we cannot not find one express example in the experience of the world." (Quoted in Van Doren, 1948, pages 221-222.)

The republics of antiquity and Europe had been small, and it was widely believed that a large republic was impossible. The new federal system, nonetheless, was to be a large republic — a large republic that all knew would become even larger with population growth and the admission of new states. The Constitution itself was short and presented no justification for its innovations: it required a rationale, not only for ratification but for the benefit of future generations. Madison had begun to develop the argument for a large republic even before the Convention. He presented the honed argument in Federalist 10, the most admired and quoted of all the Federalist Papers.

The requisite nine states had ratified before Virginia and New York, but the two big strategically placed states were critical to the success of the new government. Virginia was the biggest state and at that time included what is today West Virginia and Kentucky. It stretched from the Atlantic to the Mississippi cutting the Southern states off from the middle and Northern states. New York, then and now, stretched from the Atlantic to Canada, isolating New England. When Hamilton read Madison's letter announcing Virginia's ratification to the New York convention, the mood of the convention swung to ratification. (Chancellor Kent's memories of Alexander Hamilton, page 207 in Hall.) New York did not wish to stand alone against the other states.

As if this were not enough, Madison was elected to the U.S. House of Representatives where he became the primary author of the first twelve proposed amendments to the Constitution. Ten of these — the Bill of Rights — were adopted quickly (the adoption of the Bill of Rights is discussed in a separate article.). This burst of political wisdom and creativity, in the space of about five years, firmly attached Madison's name to three great works of American democracy: the Constitution, the Federalist Papers, and the Bill of Rights.

"Never wandering from his subject into vain declamation, but pursuing it closely in language pure, classical, and copious, soothing always the feelings of his adversaries by civilities and softness of expression, he rose to the eminent station which he held in the great National convention of 1787 and in that of Virginia which followed, he sustained the new constitution in all its parts, bearing off the palm against the logic of George Mason, and the fervid declamation of Mr. Henry. With these consummate powers were united a pure and spotless virtue which no calumny has ever attempted to sully. Of the powers and polish of his pen, and of the wisdom of his administration in the highest office of the nation, I need say nothing. They have spoken, and will forever speak for themselves." (From Autobiography by Thomas Jefferson.)