Sunday, June 30, 2013

So, the U.S. Supreme Court Struck Down the Defense of Marriage Act....

In one of my first posts on my blog, My Solution to the Same-Sex Marriage Issue: Repeal the Legal Definition of Marriage and Institute Universal Legal Civil Unions!, I stated my opinion on what the constitutionally-correct way would be to address the issue of same-sex marriage.  My contention, ultimately, would be to eliminate the current Judeo-Christian definition of the term behind "a legal contract between a man and woman" in favor of religiously-neutral union, a civil union, open to every individual regardless of sexual orientation, with all the legal rights previously available to heterosexual married couples for the previous 224 years of our nation's history under the current Constitution guaranteed to all Americans.

Unfortunately, another show of judicial activism created struck down Proposition 8 in California that had defined marriage as "one man, one woman" by the will of the people who voted on it.  While I do not have a problem with same-sex couples becoming couples per se, when it involves overriding a referendum in which the people voted upon a measure, that is a violation of natural law.  Furthermore, we must address this issue legislatively if it is to be handled correctly.  I have said this numerous times that the judicial system has no legal right to "legislate" on matters of government, rather instead having only the legal right vested within it by the Constitution to interpret the supreme law of the land through strict adherence to its very words.

I will post once again what I had to say in a reply to my best friend's Facebook note he has twice now re-posted over the course of the past two to three months.  As I said, this was made available on this blog and is also on my Facebook.  However, in the interest of maintain my Facebook's autonomy to my Blogger and Google+ accounts, I will not provided the address to that account, just as I will never post the names of any of my friends about whom I choose to write descriptions out of my interest to maintain their right to privacy without fear of having their Facebook accounts or E-mail bombarded with messages that are unwanted on my account:
(This is a reply I wrote on a Note by my best friend and confidant.  In his post he wrote of much the same material as I have covered below.  However, I felt that there was need for a history lesson in U.S. constitutional law and Western philosophy to show where our "city upon a hill" is inherently flawed and when these socio-political problems originated.  While I do not have all the answers, as I am not Socrates' fabled "philosopher king" of Greek lore, I do have my opinion on the matter based on what lessons I have learned from the historical narratives, biographies, and philosophical pamphlets and books I have read.  It took me two hours to research and write this; the fact that some of the facts are derived ignominiously from Wikipedia, which is not a scholarly source, bothers me since I could not find my Gordon S. Wood book from my American Revolution class I took three years ago with my favorite college professor/lecturer.  

Feel free to opine on any point I make here whether or not you agree with my statements.  Though this does not directly mention him, it is this type of writing that will unseat such ultra conservative religious demagogues like Stacey Campfield who seek to deny citizens their natural rights of man.  Again, feel free, whether or not you agree, to post what you believe.  I cannot possibly appeal to everyone's sensibilities; the only thing I can do is exercise my First Amendment rights and speak up on a grave injustice that plagues our society.)

I have discussed this topic (the legalization of same-sex marriage) ad nauseum, and yet again I find myself compelled to write on this very annoying issue. I have seen more of those red pictures with the equal sign signifying marriage equality than I care to, and I am just sick of it becoming such a cliche in just a short period of time. Regardless of these observances and my personal disdain of liberal and conservative hypocrisy and failure to adhere to the Constitution and Bill of Rights, I am about to get on my soap box yet again.

The history of the violation of the constitutional directive of separation of church and state stretches back as many years as the origins of the American republic. Thomas Jefferson believed that each man had "certain unalienable rights," and he defined the right of "liberty" by saying, "Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others...." For Jefferson, this meant that the proper government not only prohibits individuals from infringing upon the liberties of others, but also prohibits itself from diminishing individual liberty. The article on Wikipedia I quoted Jefferson from says the principles behind the birth of the Democratic-Republican Party, the corruption of banks and monied interests, led to the eventual founding of the Democratic Party by Andrew Jackson sometime between 1824 and 1828. (1828 was when Jackson throttled John Quincy Adams for the presidency.) Yet, I disagree with this analysis. I feel Jefferson today would be a Libertarian, and not either Republican or Democrat.

Painting of Jefferson wearing fur collar by Rembrandt Peale, 1805

(Above: Rembrandt Peale portrait of Thomas Jefferson, circa 1805, while serving as president of the United States. Courtesy of Wikipedia.)

Gordon S. Wood, a noted historian on the War of Independence from 1775-1781 and the early American republic, made an interesting observation in one of his books I own but appear to have misplaced. He describes Jefferson's philosophies of a republican government as being the product of the times in which he lived and the scientific interests, the latter of which was influenced by Sir Issac Newton. Jefferson, according to Wood, considered social systems as analogous to physical systems. In the social world, Jefferson likens love to that of gravity in the physical world. People are naturally attracted to each other through love, but dependence corrupts this problem and leads to political problems. Wood argues that though the phrase "all men are created equal" was a common cliche in the late eighteenth century, Jefferson advanced this concept much further, holding that not only are all men created equal, they remain equal through their lives, equally capable of love as an attractive force. The people's level of dependence, according to Jefferson, makes them unequal in practice. By removing or preventing corrupting dependence, it would enable men to be equal in practice. Jefferson idealized a future where man would be free of dependence, particularly those of banks and royal influences. Within the coffers of these descriptions lie a partial secular explanation on the concepts liberty and the rights of man, love, how love results in dependence which in turn leads to great inequality and therefore greater involvement by political forces and banks in the lives of people, by now enslaved in their society. 

A couple of noted Jefferson quotes to accompany this brief history of the philosophy of America's greatest revolutionary and political mind I present to you are as follows: 

"I predict future happiness for Americans if they can prevent the government from wasting the labors of the people under the pretense of taking care of them."

And his 1802 comment: 

"I believe that banking institutions are more dangerous to our liberties than standing armies. If the American people ever allow private banks to control the issue of their currency, first by inflation, then by deflation, the banks and corporations that will grow up around the banks will deprive the people of all property -- until their children wake up homeless on the continent their fathers conquered."

Jefferson distrusted organized religion. He wrote "The Statute of Virginia for Religious Freedom" to dissolve the existence of a state-recognized religion, which in Virginia was the Anglican Church, starting in 1777, and in 1786 the state Assembly enacted it as law. In it, he guaranteed freedom of religion to all faiths, including Catholics and Jews, as well as Protestants. This was a notable precursor to the Establishment Clause and the Free Exercise Clause of the First Amendment to the Constitution of the United States. In 1787, in an effort spearheaded by Jefferson protege and future president of the United States James Madison, the Constitution was written with the doctrine in place guaranteeing Americans a separation of church and state, and in 1791, the Bill of Rights, or the first ten amendments of the United States, had included within the First Amendment the right to freedom of religion.

Where this gets interesting is where all of this went wrong. The legal definition of marriage on one legal website I visited is as follows: 
"A contract made in due form of law, by which a free man and a free woman reciprocally engage to live with each other during their joint lives, in the union which ought to exist between husband and wife. By the terms of free man and free woman are meant, not only are they free and not slaves, but also that they are clear of all bars to lawful marriage."
So, there is the legal definition. Part of it, as one notices, includes the term "slaves." This portion of the law is clearly obsolete since the passage of the Thirteenth Amendment occurred on April 8,1864 during the Civil War. But if one looks at another part of the website's description of the legal definition, it also says this:
"Generally, all persons who are of sound mind, and have arrived at years of maturity, are able to contract marriage." 
So what does this mean? Well, I looked further down this legal webpage's list of descriptions, and I found everything from the prohibiting of consanquinous marriage (marriage between family members) since such marriages are against nature in some states (though the state of Tennessee legally allows first cousins to marry while the states of Kentucky and West Virginia do not), how such states as Pennsylvania have a legal statute against two consenting adults who commit adultery marrying legally, how marriage is a contract lasting until death except for when cases of bigamy arise that question the validity of said marriage(s), and how marriage vests in the husband all personal property of the wife. But not one thing is mentioned about same-sex marriage.

I postulate that same-sex marriage was never a consideration in the formative years of the United States because it came into conflict with the colonial governments, which were heavily imbued with whatever Christian religious institution was prevalent . The United States was founded by English settlers during the seventeenth century, first in Jamestown in 1607 and later in Plymouth in 1620, on the grounds of what historians like to refer to as the "Three G's": God, gold, and glory. And it is important to note how most settlements in Puritan New England were founded based on the desire to separate from the prevalent legal religious institution of the founders' prior to habitation. In Massachusetts, the Protestant Christian denomination was the Congregational Church; in Virginia and most of the South, it would be the Church of England since those colonies were settled by English entrepreneurs looking to make money from the cultivation of tobacco; in Maryland, it was Roman Catholicism; in Pennsylvania, the Quaker William Penn settled Philadelphia in 1682. So each colony had its own religion that permeated through the legal codes. 

In 1787, the Constitution was ratified, and the separation of church and state was part-and-parcel of the supreme law of the land. And in 1791, the First Amendment was passed guaranteeing people the right to freedom of religion. Unfortunately, as I showed you with the legal definition of marriage, there is a heavy Judeo-Christian influence imbued within it. The Bible states that marriage is a holy covenant between a man and woman. It also says, to paraphrase Scripture, a man lying with another man is considered an "abomination." Clearly, our Founding Fathers in the late eighteenth century were still heavily influenced by their ancestors' religious influences despite the very laws they wrote into the legal codes. They did not adhere to the laws dictated by the Constitution as a result. This same pestilence resides within our political leaders today, with Democrats wanting to extract the tax exempt status of religious bodies who fail to recognize same-sex marriages, while the Republicans have attempted to force its will on government policy by attempts at legally banning those same marriages. All this boils down to the legal definition of marriage and the biblical allusion behind it.

If I were Sen. Rand Paul (R - KY), I would do the following: I would draw up a bill proposing a constitutional amendment that would, in essence and practice, dissolve the present Christianized-definition of marriage, and in its place redefine what kind of union to which all people of any sexual orientation have the right. All people should have the legal right to a government-recognized civil union free and unfettered, with all the legal benefits that men and women today enjoy who are legally-bound in a contract of marriage. As you and the law professors at Pepperdine University correctly stated, this would not take away the right for people to be married in a religious ceremony as prescribed by their religion, as people are not legally married during a ceremony but rather are when they sign their legal contract pronouncing them man and wife. Doing this would solve two parts to one conundrum: it would adhere to the Constitution's legal doctrine separating church and state, and it would preserve clergymen's rights to preach and practice their faiths as prescribed by the First Amendment in the Bill of Rights. I believe going through the U.S. Supreme Court to make a decision is taking the wrong avenue because it is not the High Court's place to legislate on any matter, whether you are talking Roe v. Wade or the two cases in 1962 and 1963 that struck down mandatory biblical recitations and prayer in public schools. Too often in U.S. history we have had justices in the Supreme Court who served as activists and quasi-legislators rather than figures who meticulously and rigorously interpret the Constitution. This practice must end, starting with the case(s) that are before the U.S. Supreme Court the past day or so.

Tom, I hope you found this interesting and insightful. You know how I enjoy deriving my opinions on what history tells us, and of course my considerable knowledge of the philosophy behind the concepts in the Constitution and Western political philosophy since the time of Socrates, Plato, and Aristotle. While our Founding Fathers were brilliant men, they were not without their faults, and the biggest fault they had was not learning from their Puritan forefathers that leaving England because their Congregationalist religious practices was in direct conflict with those of the Church of England did not mean it was just to set up a colony in the New World based on another established religion, their own; after all, Roger Williams settled Rhode Island and Anne Hutchinson Connecticut because they were ousted from the Massachusetts Bay Colony for failing to comply with the laws imbued by the Congregationalist teachings. For over 400 years, Americans, whether they were colonists or citizens from 1776 on in the United States, have violated the natural right to be free and unabated of a government influenced heavily by religion, and of course the right to practice the religion as prescribed dogmatically. French political philosopher Jean Jacques Rousseau once wrote the following infamous quote in his most famous work titled "The Social Contract" that has influenced liberal and conservative statists equally, though both sides would argue against that point:

Jean-Jacques Rousseau (painted portrait).jpg

(Above: Portrait by Maurice Quentin de La Tour of 18th Century philosophe Jean Jacques Rousseau, author of The Social Contract,Discourse on the Origin of InequalityReveries of a Solitary Walker, and Julieor the New HeloiseCourtesy of Wikipedia.
"...In order then that the social compact may not be an empty formula, it tacitly includes the undertaking, which alone can give force to the rest, that whoever refuses to obey the general will shall be compelled to do so by the whole body. THIS MEANS NOTHING LESS THAN HE WILL BE FORCED TO BE FREE; FOR THIS IS THE CONDITION WHICH, BY GIVING EACH CITIZEN TO HIS COUNTRY, SECURES HIM AGAINST ALL PERSONAL DEPENDENCE."
We are dangerously meandering down this road, and if we fail to reclaim our liberties such as the separation of church and state and freedom of religion, we as a society will be undone!

This is to Honor "The Great Little Madison," Who Passed Away 177 Years Ago June 28,1836

James Madison.jpg

(Above: James Madison, "Father of the Constitution," and fourth president of the United States from 1809-1817.  Courtesy of Wikipedia)

In all my years reading history, I have read of many great men and women who shaped the world as we live it today.  Rarely, though, do I find one who is lesser appreciated to the contributions to the founding of his society and government than James Madison, who is credited as being "The Father of the Constitution." Yesterday marked the 177th anniversary of his death at his plantation home of Montpelier, located in Orange County, Virginia, not far from his close friend and confidant, Thomas Jefferson.

Sadly, I was one of those guilty of not appreciating Madison for what he was.  I began reading history for the first time when I was six years old.  The first endeavor was learning the 40 presidents -- from Washington to Reagan -- and then I started to read about the American Revolution.  I then began to read about the Civil War and little on Abraham Lincoln.  I recall my grandmother purchasing the American Heritage Encyclopedia on American History during my Kindergarten year, which I read nearly all of the volumes I had.  And in the first grade, I bought a kids' book at the semi-annual R.I.F. Fair on the life of Benjamin Franklin by some author/artist named Aliki in what was essentially a comic book format.  In 1988, I "authored and illustrated" a very small book on the life and times of Thomas Jefferson.  While I was sure to include his friendship with John Adams, I knew nothing about Madison and left him out of the book's pages.

Luckily, I would learn more about Madison in the future, particularly lately as I have read and done much research into the origins into the Constitution that no high school nor college class(es) ever met.  I have grown to appreciate the man and his intellect more than ever before due to reading quotes of his, how he contributed to the Constitutional Convention of 1787, his services to the House of Representatives, as President Thomas Jefferson's Secretary of State, and finally as the first wartime president in U.S. history.  But never in a million years did I realize that he was the second rector of the University of Virginia upon the death of Jefferson on July 4, 1826, which speaks volumes for his commitment to education.  He was Jefferson's greatest pupil of the American ideal of liberty, a trait long since lost to the annals of history over the course of the past two centuries.

I posted an article detailing the life and times of Madison in my blog entry In Honor of the 225rd Anniversary of the Ratification of the Constitution of the United States, I Will Provide History's Gift of Knowledge to You. That resource was courtesy of History.com. In light of having already used that resource, I will use the short description of Madison as provided by the official website of his own home, James Madison's Montpelier:
James Madison (1751-1836) was a planter, a scholar, the Father of the Constitution, and the fourth President of the United States. Although Madison was not considered a commanding public speaker, he was one of the most effective delegates at the 1787 Constitutional Convention, thanks to his diligent study and keen analysis of the republic as a form of government. He was a skillful legislator, serving in the Virginia Assembly, the Continental Congress, and the first four Congresses of the United States. Madison was Thomas Jefferson’s Secretary of State before succeeding him to the Presidency. As President, Madison strove to carry out his principles of republican government, even while waging the divisive War of 1812.
While the slight, soft-spoken Madison gained a reputation as shy in public, he was relaxed and charming with those he knew well. Dolley Madison’s cousin Edward Coles, who served as Madison’s secretary, wrote, 
In height he was about 5 ft. 6 in., of a small & delicate form; ... few men possessed so rich a flow of languages, [or] so great a fund of amusing anecdotes, wh[ich] were made the more interesting from their being well timed & well told. His ordinary manner was simple, modest, bland & unostentatious, retiring from the throng & cautiously refraining from doing or saying anything to make himself conspicuous. This made him appear a little reserve[d] & formal ... Under all circumstances he was collected & ever mindful of what was due from him to others, & cautious not to wound the feelings of any one. 
Madison‘s friend James Kirke Paulding recalled, “He was a man of wit, relished wit in others, & his small bright blue eyes would twinkle most wickedly, when lighted up by some whimsical conception.”   As writer and friend Margaret Bayard Smith remembered, “his conversation was a stream of history.” 
And Thomas Jefferson's Monticello said this about him:
James Madison (5 March 1751-28 June 1836), revolutionary leader and fourth president of the United States, was born in King George County, Virginia. James Madison and Thomas Jefferson probably met in early May 1776 while serving as members of the Virginia House of Delegates. Before the year was over, both men chose the paths which led to their famous futures: Jefferson, at age 33, went to Philadelphia to become the author of the Declaration of Independence. Madison, at age 25, stayed in Williamsburg to become a member of the convention which drafted Virginia's first constitution. Their friendship became warmer in 1779, however, during Jefferson's tenure as Governor of Virginia, when Madison served as a member of his official advisory council. By the early 1780's, as their new country emerged from the chaos of revolution, their close personal ties and political collaboration were cemented.
Both men were avid readers and collected volumes on a variety of subjects--history, philosophy, agriculture, politics and economics. Madison and Jefferson often discussed books in their letters and, during his stay in France, Jefferson sent Madison over 200 books. Always scholars, they used their studies to shape their ideas on government. Both men fervently believed that an educated public was necessary for survival of the country; at Jefferson's death, Madison succeeded his friend as Rector of the University of Virginia and continued to oversee one of their most important joint ventures.
Madison and Jefferson both believed strongly that the powers of government belong ultimately to the people who are governed. Their mutual love of reading and political discussions led to their shared belief in "republican principles" of government. Both agreed on the principle of majority rule with minority rights--the idea that governmental decision-making should follow the wishes of the majority of people, while allowing for dissent of the minority. Both believed in the power of the human mind and individual conscience. These ideas are reflected in their pasmsionate support for the ideas simply delivered in the Bill of Rights--the freedom of religion, freedom of speech and freedom of the press.
The personal friendship of Madison and Jefferson was built on other interests as well. They shared a love of the Virginia countryside; the fertile lands of the Piedmont offered both men the opportunities to study and discuss practical and financial questions of gardening, agriculture and forestry. Both kept careful records of local temperatures and rainfall while they exchanged seeds and farming tips. Jefferson asked Madison and another good friend, James Monroe, to move near Monticello in order to build "a society to our taste." Monroe did take up residence nearby at Ash Lawn-Highland.
As classically educated men, both found the Greeks and Romans to be not only sources of information on principles' of government but also as an inspiration for the architecture of their homes. Both Montpelier and Monticello show classical influences: Montpelier's graceful Garden Temple, for example, resembles Jefferson's sketches for his garden buildings. The two often discussed house plans and sent sketches in their letters; they shared the services of local craftsmen as well. During the first renovations of Montpelier'(ca. 1797--1800), Madison ordered nails from Jefferson's nailery.
James Madison reassured his dying friend and reconfirmed the quality of their intertwined lives in his last letter to Jefferson: "You cannot look back to the long period of our private friendship and political harmony, with more affecting recollections that I do. If they are a source of pleasure to you, what ought they not to be to me? ... Wishing and hoping that you may yet live to increase the debt which our country owes you, and to witness the increasing gratitude, which alone can pay it, I offer you the fullest return of affectionate assurances."
__ 
These were mostly character accounts of Madison. There are scores others over the Internet, including papers from his years in public service.  But perhaps one of the greatest tributes to Madison's accomplishments was lent credence to by famed historian Gordon S. Wood, who wrote in an article about his post-Federalist dalliances in an article titled Is There a "James Madison Problem"?:
Scholars used to talk about the “Adam Smith Problem” or, as the German scholars liked to call it, “Das Adam Smith Problem.” This problem arose out of the presumed discrepancy between the Adam Smith of the Theory of Moral Sentiments and the Adam Smith of theWealth of Nations. Smith seemed to be two different persons with very different views of human nature. While Smith’s Moral Sentiments seemed to ascribe human actions to sympathy, his Wealth of Nations seemed to ascribe them to self-interest. Much scholarly time and energy were spent trying to account for the apparent difference between the two books. Eventually, however, more recent scholarship has shown that the problem was a figment of our scholarly imaginations and that the two books can in fact be reconciled.
But can we do the same for James Madison? Nearly everyone sees two different Madisons, two Madisons who appear to be as wildly different from one another as the two different Adam Smiths used to be.
There is the Madison of the 1780s—the fervent nationalist who feared the states and their vicious tyrannical majorities and wanted to subject them to the control of the central government. Although he did not want to eliminate the states, he seems to have wanted to reduce them to what at times appear to be little more than administrative units that, as he said, might be “subordinately useful.”1 This is the Madison who has become the “Father of the Constitution.”
By contrast there is the Madison of the 1790s—the strict constructionist, states’ rights cofounder of the Democratic-Republican party who feared the national government and its monarchical tendencies and trusted the popular majorities in the states. By 1798 he was even willing to invoke the right of the states to judge the constitutionality of federal acts and to interpose themselves between the citizens and the unconstitutional actions of the central government. For the early Madison, popular majorities within states were the source of the problem; for the later Madison, these popular majorities in the states became a remedy for the problem. It is hard to see how these two seemingly different Madisons can be reconciled.
This first Madison is the author of the Virginia Plan, which became the working model for the Philadelphia Convention. We often forget what an extraordinarily powerful and sweeping national government the Virginia Plan proposed. According to Madison’s plan both branches of the bicameral national legislature would be proportionally representative, thus eliminating all semblance of state sovereignty from the national government. Moreover, this national legislature would have the power to legislate in all cases in which the separate states were incompetent and the power to negative all state laws that in its opinion contravened the Union. Madison thought this curious veto power to be “absolutely necessary and to be the least possible encroachment on the State jurisdictions.”2
During 1789 when the new Washington administration was getting on its feet, Madison still seemed to be the quintessential Federalist—“a great friend to strong government,” concluded South Carolina Federalist William Loughton Smith in August 1789.3 Although a member of the House of Representatives, Madison was President Washington’s closest confidant. He helped shape the legislation that created the departments of government and was very important in establishing the executive’s independence from Congress. Even his support for a bill of rights that dealt only with individual rights and liberties was seen as a means of subverting or diverting the anti-Federalist demand for many more substantial limits on the national government.
Only slowly did Madison seem to change. Although he reluctantly recognized the need for funding the national debt, he was not happy with Hamilton’s proposal in January 1790 to pay only the current holders of the government’s bonds. But Hamilton’s plan for the national government to assume all the state debts angered him even more. These issues were not beyond compromise, however, and at a dinner arranged by Jefferson, Hamilton and Madison clinched a deal in which southerners would accept the national assumption of state debts in return for having the permanent capital on the Potomac. With Hamilton’s proposal for a national bank, however, compromise appeared impossible and Madison’s criticism of the secretary of the treasury’s plans became even more severe.
Hamilton was not surprised by opposition to his financial plans. He knew that state and local interests would resist all efforts to strengthen national authority. But he was surprised that his harshest critic in the House of Representatives was his long-time ally James Madison. He thought that Madison had desired a strong national government as much as he had. He could not understand how he and Madison, “whose politics had formerly so much the same point of departure,” could have diverged so dramatically.4
In the House, Madison argued not only that the bank bill was a misguided imitation of England’s monarchical practice of concentrating wealth and influence in the metropolitan capital but, more important, that it was an unconstitutional assertion of federal power. He urged a strict interpretation of the Constitution, claiming that it did not expressly grant the federal government the authority to charter a bank.
By the end of 1790 Madison and other Virginians were openly voicing their alarm at the direction the national government was taking. By 1791 Madison was privately describing the supporters of Hamilton’s program not only as “speculators” but also as “Tories,” a loaded term that suggested the promoters of royal absolutism.5 By 1792 Madison and Jefferson were emerging as the leaders of what Madison called the “Republican party” in opposition to what seemed to them to be Federalist efforts to establish a consolidated British-style monarchy. But so much was the Republican Party the result of Madison’s efforts alone that it was often referred to as “Madison’s Party.”6 By May 1792 Hamilton had become convinced “that Mr. Madison cooperating with Mr. Jefferson is at the head of a faction decidedly hostile to me and my administration, and actuated by views in my judgment subversive of the principles of good government and dangerous to the union, peace and happiness of the Country.”7
With the coming of the French Revolution and the outbreak of war between republican France and monarchical Britain in 1793, the division between the Federalists and the Republicans deepened and became more passionate. The future of the United States appeared to be tied up in the outcome of the European struggle. “None of the Republicans,” writes historian James Morton Smith, “was more committed to the concept of the revolution in France as an extension of the one in America than was Madison.”8
By this point Madison was convinced that Hamilton and the Federalists were bent on making a “connection” with Great Britain and “under her auspices” were determined to move “in a gradual approximation towards her Form of Government.” Until his retirement from Congress in December 1796, Madison remained the undisputed leader of the Republican Party in the Congress and its most effective spokesman in the press. When the crisis of 1798–99 came to a head, it was not surprising that Madison and Jefferson should have emerged as states’ rights’ advocates against the consolidationist tendencies of the Federalists.
What happened? What could account for this apparently remarkable change of sentiment? From being the leader of the nationalist and Federalist movement in the 1780s, Madison became the leader of the states’ rights and anti-Federalist movement in the 1790s. Explaining this change does seem to be a major problem, one that has bedeviled Madison’s biographers and historians of the Founding era.
Most biographers and historians have concluded that Madison did indeed change his mind about national power. “In drawing back from Hamilton’s program,” writes Ralph Ketcham, “Madison took another step backward from the nationalism he had first expressed so firmly in May 1787. . . . Hamilton and others,” Ketcham goes on to say, “judged correctly Madison’s changing attitude toward national power, and perhaps had some grounds for feeling betrayed by him.”9 During the early 1790s, writes Jack Rakove, Madison “revised many of the beliefs he had held as the radical nationalist in the late 1780s.”10 During the early part of 1790, writes Joseph Ellis, “Madison went through a conversion process . . . from the religion of nationalism to the old revolutionary faith of Virginia.”11 His was a “divided mind,” write Stanly Elkins and Eric McKitrick, pulled in opposing directions by the forces of “nationalism” and “ideology.”12 Even his most sympathetic biographer, Irving Brant, suggests that the disagreement between Hamilton and Madison on social and economic matters though it had existed for a long time “grew until it produced a change in Madison’s political and constitutional views, but,” Brant added, “there was no deviation from the straight line he followed in economic and social issues.”13
Scholars’ explanations for Madison’s apparent change of views have varied. Some have described his “sudden turn” in 1790 to be a matter of “political expediency,” designed as “the opening move in a resumption of state-oriented politics.”14 Others have stressed his awakened loyalty to the sentiments of his Virginia constituents. Taking off from this new consciousness of Madison’s Virginianness, still others have pointed to his inability to comprehend bond markets and mercantile affairs and have emphasized that his objection to Hamilton’s program seemed to rest on his disgust with northern speculators and moneyed men.15 Others have talked about his friendship with Jefferson and his willingness to defer to his older colleague, ready “always,” as he told Jefferson in 1794, to “receive your commands with pleasure.”16 And still others have stressed that he “thought as a working statesman,” shifting his opinion in accord with his perception of where the threats to liberty and republican government lay.17
As far as I know, Lance Banning, in his very formidable book, The Sacred Fire of Liberty, is the only present-day scholar to maintain that Madison did not change his views in the 1790s.18 But in order to stress Madison’s consistency in the 1790s, Banning has to play down Madison’s nationalism in the 1780s and turn him into something less than a full-blown nationalist. “He was,” says Banning, “a nationalist . . . at certain times, on certain issues, and within the limits of his revolutionary hopes.” In other words, says Banning, modern scholarship has mistaken Madison’s position in the 1780s. It “has generally misjudged the hopes and fears that he brought into the Constitutional Convention.” It has “misinterpreted a major change of mind which started while the meeting was in process”; and therefore it has come to “hold a poorly balanced view of what he said and what he was attempting in The Federalist.” The opposition Jeffersonian Madison of the 1790s, concludes Banning, “was not as inconsistent with the ‘father of the Constitution’ as is usually believed.”19
I have a lot of sympathy with Banning’s position. I too believe that Madison was more consistent in his outlook than we historians have admitted. But I have a different explanation for that consistency. It is not, as Banning says, that Madison was less a nationalist in the 1780s than we used to think. Madison was, I believe, very much a fervent nationalist, eager to create a national government that would control certain kinds of behavior in the states. But he was not the kind of nationalist that other Federalists such as Hamilton were. And when he came to realize what kind of national government that Hamilton was trying to create, he naturally went into opposition. His conception of what the national government ought to be was not being fulfilled. In other words, ultimately there is not a Madison problem after all.
Trying to discover consistency in a politician who lived a long life in a rapidly changing society may be a foolish and unnecessary project. Does it really matter if he changed his views? He certainly thought so; to the end of his life he always maintained that he was consistent in his beliefs and that it was Hamilton who abandoned him.20 Certainly we can never escape from the fact that the later Madison is different in many ways from the early Madison. No doubt he was a nationalist in the 1780s and a states’ rights advocate in the 1790s. Yet at some basic level Madison remained in harmony with himself throughout his career. There were not two James Madisons.
How to explain that consistency in Madison’s thinking? First of all we have to get back to the eighteenth century in order to understand exactly what Madison was trying to do in 1787. It may be that we scholars have been attributing far more farsightedness to Madison than he was in fact capable of. In our eagerness to make Madison the most profound political theorist not only in the Revolutionary and Constitution-making period but in all of American history as well, we may have burdened this eighteenth-century political leader with more theoretical sophistication than he or any such politician can bear. We want him to be one of the important political philosophers in the Western tradition. If the English have Hobbes and Locke, and the French have Montesquieu and Rousseau, then we Americans at least have Madison.
Convinced of the originality and sophistication of Madison’s ideas, many scholars have been stumbling over themselves in their desire to explore the implications of his political thought, less, it seems, for understanding the eighteenth century and more for understanding our own time. Since Madison was central to the creation of the United States Constitution—the “Founding” as we have come to call it—Madison and his ideas have come to bear an extraordinary responsibility for the character of American politics and society.
Political scientists have been especially eager to treat Madison as America’s foremost political philosopher and have compiled a small library of works analyzing his (and Hamilton’s) contributions to The Federalist. According to many political theorists, to understand Madison is to understand American politics. So, in Robert A. Dahl’s formulation, Madison is the pluralist who unfortunately concocted our fragmented structure of government in order to protect minority rights at the expense of majority rule. Or, according to Richard K. Matthews, he is the symbol of a cold-hearted American liberalism that promotes a selfish individualism that has no sense of benevolence and cares only for material wealth and property. Or in Gary Rosen’s hands, he is the innovative theorist of the social compact that is the foundation of natural rights and our limited constitutional government.21
As these studies by political scientists and political theorists become more and more refined and precious, they seem to drift farther and farther away from Madison’s eighteenth-century reality. Whatever his creativity and originality may be, we have to keep in mind that Madison was not speaking to us or to the ages. His world was not our world; indeed, our world would have appalled him. Thus in our efforts to relate his very time-bound thinking to our present predicaments, we run the risk of seriously distorting his world and what he was trying to do. And despite all of his achievements, we run the risk of exaggerating his creativity.
If we are to recover the historical Madison, I believe we have to soften if not discard the traditional idea that Madison was the “Father of the Constitution.” He himself, of course, always held that it was “the work of many heads and many hands.”22 With good reason, for the Constitution that emerged from the Philadelphia Convention was not what he had wanted. When during the Convention Madison lost the battle over proportional representation in both houses of the legislature with the so-called Connecticut Compromise, he was deeply depressed. He even caucused the next day with his fellow Virginia delegates over whether or not to withdraw from the Convention. When he lost his congressional power to negative the states’ laws, he was even more disheartened. He thought the Constitution was doomed to fail. Just before the Convention adjourned, he told Jefferson that the new federal government would accomplish none of its goals. The Constitution, he said, “will neither effectually answer its national object nor prevent the local mischiefs which every where excite disgusts against the state governments.”23 This is really a quite extraordinary statement: it gives us some idea of how little the final Constitution resembled his original intentions, more or less embodied in his Virginia Plan.
His Virginia Plan was certainly nationalistic and original, but it was a quirky, even visionary, kind of originality that it expressed—one that proved unacceptable to most Federalists. The Virginia Plan grew out of Madison’s view of what was wrong with America in the 1780s. For him the weaknesses of the Confederation, which nearly everyone seemed to acknowledge, seemed secondary to the vices within the several states. Not only did the self-interested behavior of the states weaken the Union, but, more important, popular politics within the states threatened the Revolutionary experiment in self-government. Ever since independence, said Madison, the states had passed a host of laws whose “multiplicity,” “mutability,” and “injustice” called “into question the fundamental principle of republican Government, that the majority who rule in such Governments, are the safest Guardians both of public Good and private rights.”24 By 1787 Madison was convinced that these problems within the states contributed more to the calling of the Philadelphia Convention than did the obvious weaknesses of the Confederation. It was this conviction that led Madison to the peculiarities of his Virginia Plan—especially the power to veto state laws and the sweeping legislative authority granted to the Congress.
Of course, there were many other Federalists who shared his disgust with what was happening in the states, and agreed with his remedy of establishing an elevated national government. But many of them did not agree with the strange judicial-like way he hoped to deal with the factional politics he found in the states. Madison had a very unusual conception of American politics.
In his analysis of the sources of interest and faction in his most famous Federalist paper, No. 10, he seems at first to be very much the cold-eyed realist. Interest-group politics, he wrote, was an ineradicable part of American social reality. People inevitably had interests, and because they wanted to protect those interests, they divided into political factions. The causes of faction, he said, were quite simply “sown in the nature of man.” It was naive to expect most people to put aside these interests for the sake of some nebulous public good. And it would be a denial of liberty to try to eliminate them. He thus realized that the regulation of these private factional interests was becoming the principal task of modern legislation, which meant that the spirit of party and faction was in the future likely to be involved in the ordinary operations of government.
At this point, even though many other Americans in 1787 were saying the same thing, we scholars have generally applauded Madison for his hardheaded realism, for his unsentimental willingness to question the utopianism of some of his fellow republicans who had hoped in 1776 that the American people would have sufficient virtue to transcend their interests and act in a disinterested manner. Yet when he continues with his analysis in Federalist No. 10, we begin to realize that he is not quite as cold-eyed and practical as we had thought.
No government, he wrote, could be just if parties, that is, people with private interests to promote, became judges in their own causes; indeed, interested majorities were no better in this respect than interested minorities.
No man is allowed to be a judge in his own cause, because his interest would certainly bias his judgment, and, not improbably, corrupt his integrity. With equal, nay with greater reason, a body of men are unfit to be both judges and parties at the same time; yet what are many of the most important acts of legislation but so many judicial determinations, not indeed concerning the rights of single persons, but concerning the rights of large bodies of citizens? And what are the different classes of legislators but advocates and parties to the causes which they determine? Is a law proposed concerning private debts? It is a question to which the creditors are parties on one side and the debtors on the other. Justice ought to hold the balance between them. Yet the parties are, and must be, themselves the judges; and the most numerous party, or in other words, the most powerful faction must be expected to prevail.25
Since the popular colonial assemblies had often begun as courts (the “General Court of Massachusetts”) and much of their legislation had resembled adjudication, Madison’s use of judicial imagery to describe the factional and interest-group politics in the state legislatures may seem quite understandable.26 But it was not entirely practical and does not seem forward-looking; it tends to point back toward the colonial world, not toward our world at all.27 For all the brilliance of Madison’s diagnosis of interest-ridden popular politics in the states, his remedy of dealing with that politics was very traditional and perhaps ultimately just as utopian, just as visionary, as the views he was contesting. Madison’s conception of the new national government was not modern at all. It was idealistic and in many respects harked back to older conceptions of government. Madison hoped that the new federal government might transcend parties and become a kind of super-judge. It would become, as he put it, a “disinterested & dispassionate umpire in disputes between different passions & interests” in the various states.28 In fact, he hoped that the new government might play the same super-political neutral role that the British King ideally had been supposed to play in the Empire.29
It was this kind of adjudicatory thinking that led him to conceive of a new national government with a remarkable power to veto all state laws. Such “a negative in all cases whatsoever on the legislative acts of the States, as heretofore exercised by the Kingly prerogative,” he told Washington a month before the meeting in Philadelphia, was “absolutely necessary” and “the least possible encroachment on the State jurisdictions.”30 As Jack Rakove has pointed out, this was an extraordinarily reactionary proposal.31 But not only was it reactionary, it was also bizarre. It evoked not only the infamous phrase of the British Declaratory Act of 1766 but as well the royal veto that Jefferson had so bitterly denounced in the Declaration of Independence. His proposal for this national congressional power to negative all state legislation was a measure of just how peculiarly odd Madison’s thinking actually was.
Madison envisioned a very strange kind of national government. He wanted a national government that was principally designed to evade popular majoritarian politics in the states in order to protect individual liberties and minority rights. He certainly had little or no interest in creating a modern state with a powerful executive. In fact, he seems to have never much valued executive authority in the states as a means of countering legislative abuses, and his conception of the executive in the new national government remained hazy at best. As late as April 1787, he told Washington that he had “scarcely ventured as yet to form my own opinion either of the manner in which [the executive] ought to be constituted or of the authorities with which it ought to be cloathed.”32 Through much of the Convention he assumed that the powers over appointment to offices and the conduct of foreign affairs would be assigned not to the president but to the Senate. Only in mid-August when Madison and other nationalists became alarmed by the states’ gaining equal representation in the Senate were these powers taken away from the state-dominated Senate and granted to the president.
Madison very much desired to transcend the states and build a nation in 1787, but he had no intention of creating for this nation a modern war-making state with an energetic and powerful executive. Instead, he wanted a government that would act as a disinterested judge, a dispassionate umpire, adjudicating among the various interests in the society. Which is why he, unlike his friend Jefferson, eventually came to value the position of the Supreme Court in American political life: it was the only institution that came close to playing the role that in 1787 he had wanted the federal Congress to play.33
With this conception of the new national government as a neutral disinterested umpire, Madison becomes something other than the practical pluralist that many scholars have believed him to be. He was not offering some early version of modern interest-group politics. He was not a forerunner of twentieth-century political scientists like Arthur Bentley or David Truman. He did not envision public policy or the common good emerging naturally from the give-and-take of hosts of competing interests. Instead, he turns out to be much more old-fashioned and classical in his expectations. He expected that the clashing interests and passions in the enlarged national republic would neutralize themselves in the society and allow liberally educated, rational men—men, he said, “whose enlightened views and virtuous sentiments render them superior to local prejudices, and to schemes of injustice”—to decide questions of the public good in a disinterested adjudicatory manner.34
Madison, in other words, was not all as realistic and as modern as we often make him out to be. In his view not everyone in government had to be a party to a cause. He believed that there were a few disinterested gentlemen in the society—men like Jefferson and himself—and he hoped that his system would allow these few to transcend the interest-mongering of the many in the society and be able to act as neutral judges or referees in the new national Congress. As “an auxiliary desideratum” to his scheme, Madison predicted that the elevated and expanded sphere of national politics would act as a filter, refining the kind of men who would become these national umpires.35 In a larger arena of national politics with an expanded electorate and a smaller number of representatives, the people were more apt to ignore the illiberal narrow-minded men with “factious tempers” and “local prejudices” who had dominated the state legislatures in the 1780s and instead elect to the new federal government only those educated gentlemen with “the most attractive merit and the most . . . established characters.”36
Madison’s theory did not seem to have much practical effect on the character of the new national government; in fact, by March 1789 Madison was already predicting that the elevated Congress would behave pretty much as the vice-ridden state legislatures had behaved.37 In the Congress we do not hear any more talk about his notions of an extended republic and the filtration of talent. These notions turned out to be as unrelated to reality as his idea of a congressional power to veto all state laws had been. He had other ideas now that turned out to be equally impractical. The truth is Madison was never the hard-headed realist that we have often thought him to be. Despite the often curious and probing quality of his mind, Madison was at heart a very idealistic, if not a utopian, republican, not all that different from his visionary friend and colleague Jefferson.
Madison began to reveal his peculiar conception of what the national government ought to be when he gradually became aware in the early 1790s of the kind of government that Washington, Hamilton, and other Federalists were actually creating. It was not a judicial-like umpire they were after but a real modern European-type government with a bureaucracy, a standing army, and a powerful independent executive. Like Madison, other Federalists may have been concerned about too much majoritarian democracy in the states, but these Federalists had much grander ambitions for the United States than simply controlling popular politics in the states and protecting minority rights. Hamilton and his fellow Federalists wanted to emulate the state-building process that had been going on for generations in Europe and Great Britain.
If any of the Founders was a modern man, it was not Madison but Hamilton. It was Hamilton who sought to turn the United States into a powerful modern fiscal-military state like those of Great Britain and France. Madison may have wanted a strong national government to act as an umpire over contending expressions of democracy in the states, as his Virginia Plan suggests. But he had no intention of creating the kind of modern war-making state that Hamilton had in mind. Which is why he had no sense of inconsistency in turning against the state that Hamilton was building in the 1790s.
The great development of the early modern period in the Western world was the emergence of modern nation-states with powerful executives—states that had developed the fiscal and military capacity to wage war on unprecedented scales. Over the past several decades scholars have accumulated a rich historical and sociological literature on state formation in early modern Europe.38 From the sixteenth century through the eighteenth century, the European monarchies had been busy consolidating their power and marking out their authority within clearly designated boundaries while at the same time protecting themselves from rival claimants to their power and territories. They erected ever-larger bureaucracies and military forces in order to wage war, which is what they did through most decades of three centuries. This meant the building of ever more centralized governments and the creation of ever more elaborate means for extracting money and men from their subjects. These efforts in turn led to the growth of armies, the increase in public debts, the raising of taxes, and the strengthening of executive power.39
Such monarchical state-building was bound to provoke opposition, especially among Englishmen who had a long tradition of valuing their liberties and resisting Crown power. The country Whig–opposition ideology that arose in England in the late seventeenth and early eighteenth centuries was essentially proto-republican. It was resisting just these kinds of monarchical state-building efforts taking place rather belatedly in England. When later eighteenth-century British radicals like James Burgh and Thomas Paine warned that the lamps of liberty were going out all over Europe and were being dimmed in Britain itself, it was these efforts at modern state formation that they were talking about.40 Madison, Jefferson, and many other Americans had fought the Revolution to prevent the extension of these kinds of modern state-building efforts to America. They were not about to allow Hamilton and the Federalists to turn the United States into a modern fiscal-military state burdened by debt and taxes and saddled with an expensive standing army. Such states smacked of monarchy and were designed for the waging of war. “Of all the enemies to public liberty,” wrote Madison in 1795, “war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other [enemy].” As “the parent of armies,” war, he said, not only promoted “debts and taxes,” but it also meant that “the discretionary power of the Executive is extended; its influence in dealing out offices, honors, and emoluments is multiplied; and all the means of seducing the minds, are added to those of subduing the force, of the people.”41 These sentiments, which Madison never ceased repeating, were the source of the Republicans’ sometimes hysterical opposition to the Hamiltonian Federalist state-building schemes of the 1790s.
Many American Revolutionaries, including Jefferson and Madison, wanted to end this kind of modern state-building and the kinds of international conflicts that this state-building promoted. Just as enlightened Americans in 1776 sought a new kind of domestic politics that would end tyranny within nations, so too did they seek a new kind of international politics that would promote peace among nations and, indeed, that might even see an end to war itself.
Throughout the eighteenth century, liberal intellectuals had dreamed of a new enlightened world in which corrupt monarchical diplomacy, secret alliances, dynastic rivalries, standing armies, and balances of power would disappear. Monarchy, unresponsive to the will of the people, was the problem. Its bloated bureaucracies, standing armies, perpetual debts, and heavy taxes lay behind its need to wage war. Eliminate monarchy and all its accouterments, and war itself would be eliminated. A world of republican states would encourage a different kind of diplomacy, a peace-loving diplomacy—one based not on the brutal struggle for power of conventional diplomacy but on the natural concert of the commercial interests of the people of the various nations. If the people of the various nations were left alone to exchange goods freely among themselves—without the corrupting interference of selfish monarchical courts, irrational dynastic rivalries, and the secret double-dealing diplomacy of the past—then, it was hoped, international politics would become republicanized, pacified, and ruled by commerce alone. Old-fashioned diplomats might not even be necessary in this new commercially linked world.42
Suddenly in 1776 with the United States isolated and outside European mercantile empires, the Americans had both an opportunity and a need to put into practice these liberal ideas about international relations and the free exchange of goods. Thus commercial interest and revolutionary idealism blended to form the basis for American thinking about foreign affairs that lasted well into the twentieth century. To some extent this blending is still present in our thinking about the world.
“Our plan is commerce,” Thomas Paine told Americans in 1776, “and that, well attended to, will secure us the peace and friendship of all Europe; because it is the interest of all Europe to have America a free port.” There was no need for America to form any partial political connections with any part of Europe. Such traditional military alliances were the legacies of monarchical governments, and they only led to war. “It is the true interest of America,” said Paine, “to steer clear of European contentions.” Trade between peoples alone would be enough.43 Indeed, for Paine, Jefferson, Madison, and other idealistic liberals, peaceful trade among the people of the various nations became the counterpart in the international sphere to the sociability of people in the domestic sphere. Just as enlightened thinkers foresaw republican society held together solely by the natural affection of people, so too did they envision a world held together by the natural interests of nations in commerce. In both the national and international spheres, monarchy and its intrusive institutions and monopolistic ways were what prevented a natural harmony of people’s feelings and interests.
These enlightened assumptions are what lie behind the various measures of commercial coercion attempted by Madison, Jefferson, and other Republicans throughout the 1790s and the early decades of the nineteenth century. They knew only too well that if republics like the United States were to avoid the consolidating processes of the swollen monarchical powers—heavy taxes, large permanent debts, and standing armies—they would have to develop peaceful alternatives to the waging of war. Madison was not a completely naive utopian. He feared, as he wrote in 1792, that “a universal and perpetual peace . . . will never exist but in the imaginations of visionary philosophers, or in the breasts of benevolent enthusiasts.” Nevertheless, because war was so foolish as well as wicked, he still hoped that the progress of reason might eventually end war, “and if anything is to be hoped,” he said, “every thing ought to be tried.”44
The ideal, of course, was to have the world become republican, that is, composed of states whose governments were identical with the will of the people. Jefferson and Madison believed that, unlike monarchies whose wills were independent of the wills of their subjects, self-governing republics were likely to be peace-loving—a view that Hamilton had only contempt for. Madison did concede that even republics might occasionally have to go to war. But if wars were declared solely by the authority of the people and, more important, if the costs of these wars were borne directly and solely by the generation that declared them, then, wrote Madison, “ample reward would accrue to the state.” All “wars of folly” would be avoided and only brief “wars of necessity and defence” would remain, and even these might disappear. “If all nations were to follow [this] example,” said Madison, “the reward would be doubled to each, and the temple of Janus might be shut, never to be opened again.”45 In other words, Madison believed that a republican world might be able to close the door on war forever.
In a world of monarchies, however, Madison concluded that the best hope for the United States to avoid war was to create some sort of peaceful republican alternative to war. This alternative was the use of commercial discrimination against foreign enemies backed ultimately by the withholding of American commerce; these measures were, he said, “the most likely means of obtaining our objects without war.”46 In other words, Madison proposed the use of what we now call economic sanctions—something that even today we often desperately cling to as an alternative to the direct use of military force. Given the importance Republicans attached to commerce in tying nations together, it made sense to use it as a weapon in international politics.
I suggest that this republican idealism—this fear of the modern fiscal-military state and this desire to find peaceful alternatives to war—is the best context for understanding the thinking of Madison and other Republicans. It helps to explain not only their attitude toward modern state power but also their resort to trade discrimination against Great Britain in the early 1790s. Madison and the other Republicans were so outraged at Jay’s Treaty in 1795 because the treaty took this essential weapon away from the United States. In the same way this context helps to explain Jefferson’s and Madison’s policies in the years following the lapse of Jay’s Treaty in 1806—the several non-importation and nonintercourse acts against the two European belligerents, Britain and France. These efforts came to a climax with what Jefferson called his “candid and liberal” experiment in peaceful coercion—the Republicans’ disastrous embargo of all American trade between 1807 and 1808, surely the most extraordinary example in American history of ideological principles brought directly to bear on a matter of public policy.47 Actually Madison believed in the coercive purpose of the embargo more than did Jefferson. To the end of his life Madison remained convinced that the embargo would have eventually worked if it had not been prematurely repealed.48
But probably the most convincing evidence of Madison’s being an idealistic republican seeking to avoid a strong federal government and the state-building processes characteristic of the modern European monarchies was the way he and the other Republicans prepared for and fought the War of 1812. “Prepared for” is hardly the term to use. The Republicans in the Congress talked about war, but at the same time proposed abolishing the army. They cut back the War Department and defeated efforts to build up the Navy. They abolished the Bank of the United States on the eve of hostilities, and in March 1812 they very reluctantly agreed to raise taxes, which were to go into effect, however, only if an actual war broke out.
Historians often harshly criticize Madison and the Republicans for the inept way they prepared for and conducted the war. But this criticism misses the point of what Madison and the Republicans were most frightened. As Jefferson said in 1806, “Our constitution is a peace establishment—it is not calculated for war.”49 War, the Republicans realized, would lead to a Hamiltonian monarchical-type government—with increased taxes, an overblown bureaucracy, heavy debts, standing armies, and enhanced executive power. Since war was a threat to republican principles, the Republican Party and administration would have to wage the war that began in 1812 in a manner different from the way monarchies waged war. As Secretary of the Treasury Albert Gallatin pointed out at the outset, the Republicans’ dilemma was to wage a war without promoting “the evils inseparable from it . . . debt, perpetual taxation, military establishments, and other corrupting or anti-republican habits or institutions.”50
Madison remained remarkably sanguine during the disastrous events of the war. Better to allow the country to be invaded and the capital to be burned than to build up state power in a European monarchical manner. Even during the war he continued to call for embargoes as the best means for fighting the war. He knew that a republican leader could not become a Napoleon or even a Hamilton. He knowingly accepted the administrative confusion and inefficiencies and the military failures, calm in the conviction that, in a republic, strong executive leadership could only endanger the principles for which the war was fought.51
So even though the war settled nothing, it actually settled everything. It vindicated the grand revolutionary experiment in limited republican government. As the City of Washington declared in a formal tribute to the president, the sword of war had usually been wielded at the expense of “civil or political liberty.” But this was not the case with President Madison in the war against Britain. Not only had the president restrained the sword “within its proper limits” but he also had directed “an armed force of fifty thousand men aided by an annual disbursement of many millions, without infringing a political, civil, or religious right.” As one admirer noted, Madison had withstood both a powerful foreign enemy and widespread domestic opposition “without one trial for treason, or even one prosecution for libel.”52
Historians living in a world dominated by theories of preemptive war, a vast federal bureaucracy, a sprawling Pentagon, an enormous CIA, huge public debts, taxes beyond any the Founders could have imagined, and well over a million men and women under arms may not appreciate Madison’s achievement, but contemporaries did. “Notwithstand[ing] a thousand Faults and blunders,” John Adams told Jefferson in 1817, Madison’s administration had “acquired more glory, and established more Union than all his three Predecessors, Washington, Adams, Jefferson, put together.”53
We historians have gotten so used to praising Madison the author of the Tenth Federalist and denigrating Madison the president that we assume they must be two different Madisons. But there is no “Madison Problem” except the one that we have concocted. Maybe we ought to spend less time investigating Madison the author of the Tenth Federalist and more time investigating Madison the president. His conception of war and the world, whether we agree with it or not, might give us a better perspective on the confusing times in which we live.
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Like any politician, Madison's perspective changed, as did those of the young nation for whom he served. His commitment to a strong national government transformed into that of republican virtue, for which the impetus for "states' rights" and nullification, the latter of which is mostly attributed to his mentor Jefferson, were often declared to be among the catalysts leading to the Civil War in 1861.  And whether we choose to or not, his contributions to America were great and many.  And while he lived in Jefferson's gigantic shadow for many decades, we must not forget to pay tribute to his achievements, for without him, we may never have arrived at what has become the closest to a "perfect government" the world has ever seen, albeit still extremely flawed.