Term Paper on "Madison's Role in Trying to Balance Civil"

Term Paper 28 pages (9173 words) Sources: 1+

[EXCERPT] . . . .

Madison's Role in Trying to Balance Civil Liberties with Government Power through the Drafting of the Bill of Rights?

The Founding Fathers were faced with a number of important issues as they debated the form and content of the Constitution then under consideration, not the least of which was ensuring that their own individual interests would be addressed in the new country. The Constitution that emerged from this debate was not entirely satisfactory to all of the convention delegates as it related to individual liberties, though, and a series of amendments was proposed for this purpose that has become known as the Bill of Rights today. Although it represented the work of many minds, the primary author of the first ten Amendments to the Constitution was James Madison, but his reasons for advocating these civil liberties was substantially different than many modern observers might believe. Therefore, a critical review of the primary sources that were written during these debates and their interpretation in the scholarly secondary literature can provide modern researchers with a better understanding of what rationales were advanced and who the stakeholders were in this debate. To this end, this paper provides a review the relevant literature to show that Madison played a critical role in drafting the bill of rights due to his concern for balancing civil liberties and central government power. A summary of the research and important findings are provided in the conclusion.

Review and Discussion

Background and Overview.

In the autumn of 1786, George Washington wrote in a letter to James Madison that, "No morn ever dawned more favorably than ours did; and no day was ever more clouded than the present." Indeed, Madison would prove to be a leading figure in the Constitutional Convention scheduled for May of the next year, and this letter reflected his anguish at the divisive political and economic disputes that, along with an inadequate political framework, seemed to threaten the potential future of the new nation. At the Constitutional Convention in 1787, James Madison played a key role in the planning and ratification of the U.S. Constitution; he also collaborated with John Jay and Alexander Hamilton in the publication of the Federalist Papers, and was the sponsor of the first ten amendments to the Constitution, commonly called the Bill of Rights.

In fact, the fading words on the most famous copy of the U.S. Constitution in the National Archives do in fact represent the work of many minds, but the primary author of most of the first ten Amendments to the Constitution, otherwise known as "the Bill of Rights," was James Madison. Given its monumental importance to the survival and future of the country, it is little wonder that so much debate went into the Constitution, but the draft that emerged from the Constitutional Convention was not complete in the minds of some of the delegates: "The Framers saw the Constitution as a social contract that delegated power from the people to advance the goals cited in the Preamble. That delegation was both limited to the powers enumerated in the Constitution and constrained by the Bill of Rights."

The political (and personal) battles that resulted from the debate over the inclusion of the Bill of Rights have been the topic of much scholarly debate ever since, but some consistencies emerge from the research. For example, while many of the convention delegates were agreed on certain points that were amenable for inclusion in the Constitution itself, the divisiveness the emerged over the need for a bill of rights clearly shows that there were a number of significant issues that remained unresolved, the debate over any of which could spell disaster for hopes of constitutional ratification. According to Burns (1990), "For me one of the minor mysteries in United States history, but one that had great importance historically, was why James Madison, who had been categorically resistant to adding a bill of rights to the Constitution in 1787, by 1789 not only favored adding rights to the Constitution but performed one of the greatest feats of legislative leadership in American history in shepherding through Congress what became the Bill of Rights."

This author also makes the point that while the historians continue to disagree on precisely what prompted Madison to change his mind ("Some suggest that it was the influence of Thomas Jefferson, others simply that Madison 'saw the light'"), it is Burns's opinion that Madison's change of heart - and thinking - was purely politically motivated. "Madison discovered a great deal of support for the Bill of Rights when he vied with James Monroe for a seat in Congress and made commitments in the election contest that as a person of integrity he honored in the first session of Congress." This author, like many of Madison's other biographers, adds that, "The question of Madison's motivation is still a matter of dispute among historians, as lately as the last convention of the Organization of American Historians."

Clearly, then, the historians are divided on Madison's precise motivation as time progressed, but the historical record suggests that at least some of the convention delegates were motivated more by personal political and pecuniary interests than they were the ultimate fate of the new country. The historical record also shows that while he may also have done so for some personal reasons at different times, "James Madison advanced the cause of liberty before, during, and after the Constitutional Convention of 1789."

It should be noted, though, notwithstanding any evidentiary material to the contrary, Madison did not in fact have much opportunity at the Constitutional Convention to support a bill of rights in a conventional form because that was not the purpose of the Convention (and it was hot): "The Convention's charge was to enlarge, not to restrict, the powers of the federal government. Apparently, the Framers thought that the ninth section of the first article provided the only restrictions which were indispensable aside from the prohibition against religious tests for holding office under the Constitution" (emphasis added). The propositions introduced by Charles Pinckney on August 20 for consideration by the Convention's "Committee of Detail" included two of the provisions that were later placed in article one, section nine, as well as a guarantee of free press; however, the latter failed to make it out of committee. In addition, Morgan notes that there was no debate concerning Pinckney's motion to refer and the proposition passed without opposition. It was not until September 12 that George Mason proposed a contemporary cut-and-pasted version of a bill of rights that everyone could agree upon.

According to Morgan, Mason "voiced his desire for a bill of rights and said that he would second a motion to refer to a committee the task of composing one in 'a few hours' by cribbing from state bills of rights." In spite of a motion supporting his position, Mason's proposal was unanimously rejected by the states and Madison did not speak on either of these two occasions. More importantly perhaps from an administrative perspective, there was a need for haste, at least subconsciously, among many of the Convention delegates. After all, the attendees were likely dressed in several layers of woolen garments, it was brutally hot that summer, and there was, of course, no air conditioning during a period in history characterized by a paucity of bathing facilities in general and a lack of the practice as a prevailing social custom in particular. According to Banning, "Meeting at the Pennsylvania State House (Independence Hall), the Constitutional Convention found a quorum on May 25 and sat until September 17. Fifty-five delegates participated in its work, though there were seldom more than forty in the room for any single session."

Indeed, even 40 people in this enclosure will generate a lot of body heat, and in this heady atmosphere, any reasonable comprise may have appeared as a breath of fresh air and an opportunity to wrap things up so they could all go swimming. In this regard, Morgan points out that this was just such the case after all was said and done: "After four months of sharp debate over the augmentation and allocation of power among the branches of the reformed government, the delegates were apparently in no mood to wrangle further in the heat of Philadelphia over the wording of a bill of rights." While the delegates did in fact succeed in hammering out a Constitution in time, the different points-of-view that emerged during the debate provide some insights into the prevailing political thought of the day, and these issues are discussed further below.

Perspectives Articulated at the Constitutional Convention.

A discussion of the specific issues involved in the debate between those who supported ratification of the Constitution, referred to loosely as "Federalists," and those who opposed ratification or sought further revisions, or "Anti-Federalists," is provided below.

A. Federalist Perspectives. Support for the ratification of the Constitution at the Convention was gained by a series of compromises that resulted in what… READ MORE

How to Reference "Madison's Role in Trying to Balance Civil" Term Paper in a Bibliography

Related Term Papers:

Art Violence and Social Engagement in Colombia Research Proposal

Colombia is the third-largest recipient of military aid from the United States and is at a critical juncture in its turbulent history. More than three million people have been displaced… read more

Research Proposal 58 pages (19788 words) Sources: 35 Style: Chicago Topic: Latin America / Mexico / Caribbean

---

Business Role of China as Emerging Manufacturing Superpower Pros and Cons of Production Outsourcing Term Paper

Business Role of China as Emerging Manufacturing Superpower

China is fast emerging as a world superpower due to the roles taken in becoming a major source of the outsourcing sector.… read more

Term Paper 9 pages (3168 words) Sources: 8 Topic: Asian History / Asia

---

Theodore Roosevelt Research Proposal

Theodore Roosevelt: An American for a New Age

Few Americans have so profoundly influenced the modern era as Theodore Roosevelt. Statesman and cultural crusader, the twenty-sixth president of the United… read more

Research Proposal 10 pages (3918 words) Sources: 5 Style: Chicago Topic: American History / United States

---

How Have Ethical Responsibilities Changed in the Classroom Term Paper

Ethical Changes in the Classroom Over the Past 50 Years

The ethical responsibilities of teachers have undergone dramatic changes over the past fifty years, reflecting the changes in our culture… read more

Term Paper 25 pages (6690 words) Sources: 1+ Topic: Education / Teaching / Learning

---

Intelligence Community the History Essay

It had neither a name nor an officially designated leader other than the attorney general. Yet, these former detectives and Secret Service men were the forerunners of the FBI." (FBI.gov,… read more

Essay 11 pages (3153 words) Sources: 11 Topic: Military / Army / Navy / Marines

---

View 100+ more related papers  >>