R. Patrick Shaw
James Madison "The Father of the Constitution"
I. James Madison was born in Port Conway, Virginia, on March 16, 1751. He graduated from Princeton University in 1771 and pursued a career as an attorney. Throughout his life he maintained a membership in the Episcopalian church. Madison never had any children and he married later in life than some of his contemporaries. In fact, he married Dolley Dandridge Payne Todd, who was seventeen years his junior, on his 43 1/2 birthday, September 15, 1794. They were married until his death on June 28, 1836. Dolley Madison is famed for having brought ice cream to the United States. When we consider how many conversations have occurred over a cone or bowl of ice cream in the last 190 years, we can see Dolley's impact on the freedom of speech.
We know Madison best in American history as The Father of the Constitution, because he wrote a substantial portion of it. In addition, Madison served two terms as the Fourth President of the United States from 1809 to 1817. During this time he guided the young country in the War of 1812. Madison wrote substantially, but the focus of this report will be on his Report on he Virginia Resolutions, Federalist Papers: Number10, Federalist Papers: Number 51, and The First Amendment of the Constitution of the United States.
II. Report on the Virqinia Resolutions
A. It is the duty of the freemen of the State of Virginia to support and defend the Constitution of the United States, and the Constitution of the Commonwealth of Virginia.
B. It is the duty of members of the assembly and the public to watch over and oppose every infraction of the principles of the Constitution of the United States, and that faithful observance of those principles is the only way to secure the Constitutions existence and the public happiness.
C, The powers of the Federal government result from the compact, to which the States are parties. Therefore, powers not explicitly belonging to the federal government in the Constitution, belong to the States.
D. Attempts to extend the powers of the Federal government beyond those enumerated in the Constitution violate the compact of the States.
E, "The liberty of conscience and of the press cannot be canceled, abridged, restrained, or modified by any authority, of the United States."
III. Federalist Papers: Number 10: The Union a Check on Faction.
A. Popular governments have a tendency to faction.
B. Instability, injustice, and confusion can be the results of factions.
C. The causes of factions are innate in man. Men have opposing interests.
D. Factions often lead to a majority invasion of rights, and liberty becomes precarious.
E. A representative Government offers the best remedy of factions, and the greatest protection of the minority voice.
F. The Union therefore is the most sure protection of the freedoms of speech, thought, religion, and the press.
IV, Federalist Papers: Number 51: Method of Balancing the Departments of Government
A. A system of balance of power and checks and balance is the most sure way to guarantee the liberty of all men.
B. Each department is free within its own sphere to protect the liberty, and promote the general welfare of all men.
C. The great difficulty of government is to control the governed; and "in the next place oblige it to control itself."
D. A dependence on the people, is the primary control on the government; "but, experience has taught mankind the necessity of auxiliary precautions."
E. Justice is the end of Society.
F. If a common interest has united majority, the rights of the minority will be insecure.
H. "In a free government the security of civil rights must be the same as that for religious riqhts."
V. The First Amendment of the Constitution of the United States of America "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
A. The First Congress proposed the first ten amendments of the United States Constitution to the legislatures of the several States, on September 25, 1789. (Ford pgs 621-622)
B....All 10 of the Bill of rights were ratified by 11 of 14 states by December 15, 1791. (Ford pg. 622)
C. No evidence on the journals of Congress that the legisiatures of Connecticut, Georgia, or Massachusetts. (Ford pg. 622).
D. The state legislatures of Massachusetts, South Carolina, New Hampshire, Virginia, New York, North Carolina, wrote proposed amendments to the Constitution. Massachusetts, and South Carolina were the only states that neglected to mention first amendment issues.
E. Virginia's amendments, agreed by the delegates, and written by Madison included clauses referring to freedom of speech, religion, press, thought, peaceable assembly, and petition.
Vl. Evaluation of contribution to Free Speech Theory.
Through the process of this course, it has become increasingly clear and obvious that the ideas in first amendment, while put into words by Madison, literally have evolved through several scholars over at least two hundred years. Nevertheless, Madison's contribution, through his compilation and advocacy of the rights contained in the first amendment, cannot be overstated in my view. Madison himself clearly went through an evolutionary process in his own thoughts. The influence his own peers had on him is also noteworthy. Madison himself said, "I have never thought the omission (of a bill of rights) to be a material defect, nor been anxious to supply it even by subsequent amendment, for any other reason than that others anxiously desire." (Smith pg. 53)
Vll. Bibliography
A. Ford, Paul Leicester, editor. The Federalist: A Commentary on The Constitution of the United States. Henry Holt and>