James Madison - Father of The Constitution

Father of The Constitution

The Articles of Confederation established the United States as a confederation of sovereign states with a weak central government. This arrangement did not work particularly well, and after the war was over, it was even less successful. Congress had no power to tax, and as a result was not paying the debts left over from the Revolution. Madison and other leaders, such as Washington and Benjamin Franklin, were very concerned about this. They feared a break-up of the union and national bankruptcy. The historian Gordon S. Wood has noted that many leaders such as Madison and Washington, feared more that the revolution had not fixed the social problems that had triggered it, and the excesses ascribed to the King were being seen in the state legislatures. Though Shays' Rebellion is often cited as the event that forced the rewriting of the national charter, Wood argues that many at the time saw it as only the most extreme example of democratic excess. Such thinkers believed the constitution would need to do more than fix the Articles of Confederation. Like the revolution, it would need to rewrite the social compact and redefine the relationship among the states, the national government, and the people.

As Madison wrote, "a crisis had arrived which was to decide whether the American experiment was to be a blessing to the world, or to blast for ever the hopes which the republican cause had inspired." Partly at Madison's instigation, a national convention was called in 1787. Madison was crucial in persuading George Washington to attend the convention, since he knew how important the president would be to the adoption of a constitution. As one of the first delegates to arrive, while waiting for the convention to begin, Madison wrote what became known as the Virginia Plan. The Virginia Plan was submitted at the opening of the convention, and the work of the convention quickly became to amend the Virginia Plan and to fill in the gaps. Though the Virginia Plan was an outline rather than a draft of a possible constitution, and though it was extensively changed during the debate (especially by John Rutledge and James Wilson in the Committee of Detail), its use at the convention led many to call Madison the "Father of the Constitution". He was only 36 years old.

During the course of the Convention, Madison spoke over two hundred times, and his fellow delegates rated him highly. For example, William Pierce wrote that "...every Person seems to acknowledge his greatness. In the management of every great question he evidently took the lead in the Convention... he always comes forward as the best informed Man of any point in debate." Madison recorded the unofficial minutes of the convention, and these have become the only comprehensive record of what occurred. The historian Clinton Rossiter regarded Madison's performance as "a combination of learning, experience, purpose, and imagination that not even Adams or Jefferson could have equaled." Years earlier he had pored over crates of books that Jefferson sent him from France on various forms of government. The historian Douglas Adair called Madison's work "probably the most fruitful piece of scholarly research ever carried out by an American." Many have argued that this study helped prepare him for the convention.

Gordon Wood, however, argues that Madison's frustrating experience in the Virginia legislature years earlier most shaped his constitutional views. Wood notes that the governmental structure in both the Virginia Plan and the final constitution were not innovative, since they were copied from the British government, had been used in the states since 1776, and numerous authors had already argued for their adoption at the national level. Most of what was controversial in the Virginia Plan was removed, and most of the rest had been commonly accepted as necessary for a functional government (state or national) for decades; thus, Madison's contribution was more qualitative. Wood argues that, like most national politicians of the late 1780s, Madison believed that the problem was less with the Articles of Confederation than with the nature of the state legislatures. He believed the solution was to restrain the excesses of the states. This required more than an alternation in the Articles of Confederation; it required a change in the character of the national compact. The ultimate question before the convention, Wood notes, was not how to design a government but whether the states should remain sovereign, whether sovereignty should be transferred to the national government, or whether the constitution should settle somewhere in between.

Those, like Madison, who thought democracy in the state legislatures was excessive and insufficiently "disinterested", wanted sovereignty transferred to the national government, while those (like Patrick Henry) who did not think this a problem, wanted to fix the Articles of Confederation. Madison was one of the only delegates who wanted to deprive the states of sovereignty completely, which he considered the only solution to the problem. Though sharing the same goal as Madison, most other delegates reacted strongly against such an extreme change to the status quo. Though Madison lost most of his battles over how to amend the Virginia Plan (most importantly over the exclusion of the Council of Revision), in the process he increasingly shifted the debate away from a position of pure state sovereignty. Since most disagreements over what to include in the constitution were ultimately disputes over the balance of sovereignty between the states and national government, Madison's influence was critical. Wood notes that Madison's ultimate contribution was not in designing any particular constitutional framework, but in shifting the debate toward a compromise of "shared sovereignty" between the national and state governments.