| 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.
Right:
(Detail) Life of George Washington--The Farmer painted
by Stearns. American Memory Collection of the Library of
Congress. Click on detail above for a larger view.
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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)
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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.
Left:
First three words of the Preamble.
Click the image to see the full first page.
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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 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.]
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