The individual most frequently credited with “fathering” the U.S. Constitution is James Madison.
Long in the shadow of more charismatic figures like George Washington, Benjamin Franklin, Thomas Jefferson, Alexander Hamilton, and others, Madison has become increasingly championed by scholars as the depth of his contributions, especially to the writing of the Constitution and the first 10 amendments, have been more fully realized.
Ralph Ketcham and Lynne Cheney are among those who have written full scale biographies of Madison. Considerably shorter than most of these volumes, this collection of essays, chiefly by political scientists and historians, many of them fairly prominent, addresses some of the major questions that remain about Madison, including issues surrounding the First Amendment.
At a time when much political philosophy is written from ivory towers, Madison’s legacy is complicated by his own 40-year participation in governing. Historian Jack N. Rakove notes that much of the controversy surrounding attempts to reconcile Madison’s positions stemmed from his own participation in, and knowledge gained through, his own statesmanship. He learned from experience, and, as much as he tried to transcend petty politics, often had to trim his sails either to satisfy constituents or in reaction to perceived crisis.
Madison as 'father of the Constitution'
Lynn Uzzell tackles the age-old question, which this reviewer has tackled elsewhere, as to whether Madison can be appropriately designated as the “father of the Constitution.” In what I consider to be a master stroke, she concludes that he was clearly such a father if his paternity was not limited to a single founding moment, but to the care with which he tried to preserve this “child” through its early years.
At a time when it is common to focus on one or another aspects of Madison, Alan R. Gibson observes the complicated nature of Madison’s thought and his focus on separation of powers, which is also expounded in a later chapter by David J. Siemers. Michael P. Zuckert further relates Madison’s complicated views of judicial review, and Jeff Broadwater seeks to find continuity within Madison’s evolving understanding of federalism. Quentin P. Taylor, explains how Madison opposed slavery in theory, while remaining a slave holder, and attempting to downplay the institution as a way of securing constitutional ratification. Many may not know that as a member of Congress under the Articles of Confederation, Madison was responsible for the original compromise, which the Constitutional Convention adopted, counting slaves as three-fifths of a person for purposes of direct taxation and representation.
Madison pivoted in favor of Bill of Rights
The chapters by Paul Finkelman and Howard Schweber deal most closely with the First Amendment. Describing Madison as the “Stepfather” of the Bill of Rights, Finkelman notes that Madison was both a “reluctant and unenthusiastic,” albeit nonetheless effective, advocate for the Bill of Rights. He primarily viewed it as a relatively harmless way of avoiding a second constitutional convention that might undo the work of the first. It is commonly believed that Madison may have changed his mind about the value of the bill of rights as a result of his correspondence with Thomas Jefferson, who strong favored such guarantees. Finkelman demonstrates that Madison had pivoted in favor of this bill even before he had received Jefferson’s letters.
Finkelman does not, however, note that, speaking before Congress on June 8, 1789, Madison argued that if individual rights were incorporated into the Constitution, “independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights” and “will be an impenetrable bulwark against every assumption of power in the legislative or executive.” This is very close to the argument that Jefferson presented to him in a letter of March 15, 1789, where Jefferson lauded “the legal check” that a bill of rights would put “into the hands of the judiciary.”
Madison on freedom of religion
Schweber’s chapter entitled “Pray of Liberty of Conscience to Revive Among Us: Madison on Freedom of Religion,” emphasizes the importance that Madison placed on religious freedom and on religious disestablishment throughout his life. He was often an outlier on such issues of whether a president should issue Thanksgiving proclamations or whether Congress should pay for public fund for chaplains (Madison opposed both). He further notes how justices often cite Madison on both sides of modern controversies, which are complicated by the increasing pervasiveness of government in more areas of life and by the difficulty of asserting to degree to which Madison’s support for freedom of conscience aligns with the free exercise and establishment clauses.
The book concludes with useful chapters by George Thomas on Madison’s view of republican government and a complimentary chapter by Zachary R. German on the idea of mandates. German’s chapter artfully describes how modern ideas of presidential mandates, which have been particularly prominent after Donald J. Trump’s second election, conflict with Madison’s understandings of separation of powers and mutual constituencies, that he designed to tame immediate implementation of popular passions.
Madison's extensive career
Madison, the diminutive Virginian, had an extensive career. He served in both Congress and the Virginia state legislature; contributed to the Virginia Declaration of Rights; was one of the most active members of, and left the best records of, the Constitutional Convention of 1787; contributed to The Federalist Papers; led the right for constitutional ratification at the Virginia ratifying convention; wrote the Memorial and Remonstrance against support of governmental support of religion in Virginia; helped secure adoption of the Virginia Statute for Religious Freedom; helped shepherd the Bill of Rights through the First Congress; authored the Virginia Resolution in opposition to the Alien and Sedition Acts; served eight years as Secretary of State to Thomas Jefferson and another eight years as president; was, with Jefferson, the primary founder of the Democratic-Republican Party; and continued as an elder statesman to give advice to his fellow countrymen.
The book holds up well both as a coherent collection and as a good resource for the topics covered in each chapter. One omission that I regret is that it did not have a chapter on Madison’s family life, and especially on Dolley Madison, who remains one of America’s most colorful first ladies. A separate chapter on Madison’s presidency would also have been helpful.
John R. Vile is a political science professor and dean of the Honors College at Middle Tennessee State University.