Madison's Ltr to George Washington, April 16, 1787

Constitution Society ^ | April 16, 1787 | James Madison

[tacticalogic]

When I start to see what appear to be conflicting statements from the same source, I usually consider the possibility that I may be taking one or the other in the wrong context.

[allmendream]

Hearing Blagovitch discussing the proper way to allocate the Senate seat he was entrusted by the people of Illinois to fill was illuminating as to how these deals would be done to chose Senators - absent their popular election.

[Huck]

That’s fine. But sometimes people simply flip-flop. Happens all the time in politics. There’s no question Madison flipped. That’s not the question. The question is why. The way he got played by Hamilton is almost hard to believe. Madison had a reputation for being politically astute, and yet he goes from being Hamilton’s patsy to being Jefferson’s. It’s hard to understand someone being so smart and so stupid at the same time. In that respect, he’s less impressive than Hamilton or Jefferson. Perhaps the answer lies in the other salient part of the quote I highlighted—Madison’s desire to seek some “middle ground.”

[Jacquerie]

Yo Huck,

You know of course that your buddy, the anti constitutional Patrick Henry at the VA Ratifying Convention proposed the following amendment, right?

“That each state in the Union shall respectively retain every power, jurisdiction, and right, which is not by this Constitution delegated to the Congress of the United States, or to the departments of the federal government.”

Kinda reads like the 10th, doesn't it?

[Pharmboy]

True enough...not only did Hamilton fight, but he was a very brave fighter who could always be counted on by the General.

[Pharmboy]

Madison

Thanks, Jacquerie, for this terrific post.

The RevWar/Colonial History/General Washington ping list...

[Jacquerie]

The guy who sought to correct the awful Articles of Confederation, obtain additional powers to regulate and tax commerce, drafted the Virginia Plan, steered it through the convention, fought the 1st National Bank, drafted the VA Resolutions was nobody’s patsy no matter how much you wish.

[Huck]

Yes it does. The only version of the 10th with any teeth in it contained the phrase “expressly delegated.” That’s why it was defeated.

[Jacquerie]

Well, some corruption is endemic to government. Blogo was a serious practitioner.

While our government is based on popular will, it was thought proper to limit direct democracy to one House. I think our history since the 17th demonstrates the Framers got it right. While no system is perfect, I would rather risk back room deals in Senatorial selection than live through what the likes of Teddy Kennedy, Chuckie Schumer, Carol Mosley Braun, Boxer . . . etc. have brought us.

[Jacquerie]

That was very weak Huck. I expected something better. Henry found creeping tyranny under every clause in the Constitution, yet he supported what became the 10th.

[allmendream]

Using the premise that any event is responsible for all the events that follow - then giving women the vote was a big mistake - along with emancipation of slaves - eliminating the draft - etc, etc.

The expansion of power of the Federal government would not have been properly held in check by appointment of Senators rather than their direct election.

And you don’t think a Kennedy (rather than a Scott Brown) would be filling the seat in Mass right now if they were appointed rather than elected?

[Jacquerie]

Here is another proposed amendment from the pen of Patrick Henry. After a little wordsmithing, it became the Ninth Amendment.

“That there are certain natural rights, of which men, when they form a social compact, cannot deprive or divest their posterity; among which are the enjoyment of life and liberty, with the means of acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety.”

Beautifully said, I might add.

[Jacquerie]

Good point. CA and MA and . . . some other state legislatures would have sent the likes of Kennedy and Braun anyway.

With Senators representing states, I cannot envision the LBJ era majorities that burdened states with mandatory spending, nor do I think rogue agencies like the EPA would have such a free rein. Maybe we wouldn't have as many "progressives" on Scotus either.

[Huck]

Actually, you’re the one who’s weak. I don’t blame the antifederalists for drafting the 9th and 10th amendments. The real battle (ratification) had already been lost. They wisely moved on to mitigation. It was worth a try. But the results are in. FAIL.

[TenthAmendmentChampion]

Read later after work.

[colorado tanker]

Gathering support for the Virginia Plan before the Convention. Smart politics.

[SunkenCiv]

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[SunkenCiv]

Thanks Huck.