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Nothing has yet been offered to invalidate the doctrine that the meaning of the Constitution may as well be ascertained by the Legislative as by the Judicial authority.

James Madison

Doctrine, May, Constitution

James Madison (1836). “The Debates in the Several State Conventions on the Adoption of the Federal Constitution: As Recommended by the General Convention at Philadelphia in 1787. Together with the Journal of the Federal Convention, Luther Martin's Letter, Yates's Minutes, Congressional Opinions, Virginia and Kentucky Resolutions of '98-'99, and Other Illustrations of the Constitution”, p.399

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Where a majority are united by a common sentiment, and have an opportunity, the rights of the minor party become insecure.

James Madison

Party, Insecure, Opportunity

James Madison, Ralph Ketcham “Selected Writings of James Madison”, Hackett Publishing

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Experience has instructed us that no skill in the science of government has yet been able to discriminate and define, with sufficient certainty, its three great provinces the legislative, executive, and judiciary; or even the privileges and powers of the different legislative branches.

James Madison

Government, Skills, Different

Alexander Hamilton, James Madison, John Jay (1842). “The Federalist, on the New Constitution, Written in the Year 1788”, p.164

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Experience assures us, that the efficacy of the provision has been greatly over-rated; and that some more adequate defense is indispensably necessary for the more feeble, against the more powerful members of the government.

James Madison

Powerful, Government, Defense

Alexander Hamilton, James Madison, John Jay (2014). “The Federalist Papers”, p.242, Courier Corporation

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A local spirit will infallibly prevail much more in the members of Congress than a national spirit will prevail in the legislatures of the particular States.

James Madison

Spirit, Legislature, States

Alexander Hamilton, James Madison, John Jay (1842). “The Federalist, on the New Constitution, Written in the Year 1788”, p.218

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Of all the objections which have been framed against the federal Constitution, this is perhaps the most extraordinary. Whilst the objection itself is levelled against a pretended oligarchy, the principle of it strikes at the very root of republican government.

James Madison

Government, Roots, Principles

Alexander Hamilton, James Madison, John Jay (2016). “The Federalist Papers and the Constitution of the United States: The Principles of the American Government”, p.307, Skyhorse Publishing, Inc.

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As the Legislative, Executive, and Judicial departments of the United States are co-ordinate, and each equally bound to support the Constitution, it follows that each must in the exercise of its functions be guided by the text of the Constitution according to its own interpretation of it.

James Madison

Exercise, Support, United States

James Madison (1867). “1829-1836”, p.349

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This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.

James Madison

Law, Land, Constitution Of The United States

James Madison (1836). “The Debates in the Several State Conventions on the Adoption of the Federal Constitution: As Recommended by the General Convention at Philadelphia in 1787. Together with the Journal of the Federal Convention, Luther Martin's Letter, Yates's Minutes, Congressional Opinions, Virginia and Kentucky Resolutions of '98-'99, and Other Illustrations of the Constitution”, p.507

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I wish not to be regarded as an advocate for the particular organizations of the several state governments . . . they carry strong marks of the haste, and still stronger marks of the inexperience, under which they were framed.

James Madison

Strong, Organization, Government

Alexander Hamilton, James Madison, John Jay (1852). “The Federalist: On the New Constitution, Written in 1788”, p.228

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The regulation of commerce, it is true, is a new power; but that seems to be an addition which few oppose and from which no apprehensions are entertained.

James Madison

Regulation, Commerce, Apprehension

Alexander Hamilton, James Madison, John Jay (1842). “The Federalist, on the New Constitution, Written in the Year 1788”, p.216

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It is superfluous to try by the standards of theory, a part of the constitution which is allowed on all hands to be the result not of theory, but "of a spirit of amity, and that mutual deference and concession which the peculiarity of our political situation rendered indispensable" . . . the equal vote allowed to each state, is at once a constitutional recognition of the portion of sovereignty remaining in the individual states, and an instrument for preserving that residuary sovereignty.

James Madison

Hands, Political, Trying

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From the the protection of different and unequal faculties of acquiring property, the possession of different degrees and kinds of property immediately results.

James Madison

Degrees, Different, Kind

The Federalist no. 10 (1788)

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When men exercise their reason coolly and freely, on a variety of distinct questions, they inevitably fall into different opinions, on some of them. When they are governed by a common passion, their opinions if they are so to be called, will be the same.

James Madison

Fall, Passion, Exercise

Alexander Hamilton, James Madison, John Jay (1842). “The Federalist, on the New Constitution, Written in the Year 1788”, p.237

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In order to judge of the form to be given to this institution the Senate, it will be proper to take a view of the ends to be served by it. These were,first, to protect the people against their rulers, secondly, to protect the people against the transient impressions into which they themselves might be led.

James Madison

Views, Order, People

James Madison, Edward J. Larson, Michael P. Winship (2011). “The Constitutional Convention: A Narrative History from the Notes of James Madison”, p.86, Modern Library

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For the same reason that the members of the State legislatures will be unlikely to attach themselves sufficiently to national objects, the members of the federal legislature will be likely to attach themselves too much to local objects.

James Madison

Too Much, Reason, Members

Alexander Hamilton, James Madison, John Jay (1842). “The Federalist, on the New Constitution, Written in the Year 1788”, p.219

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Since it is impossible for the people spontaneously and universally, to move in concert towards their object; and it is therefore essential, that such changes be instituted by some informal and unauthorized propositions, made by some patriotic and respectable citizen or number of citizens.

James Madison

Moving, Patriotic, Numbers

Alexander Hamilton, James Madison, John Jay (2015). “The Federalist Papers: A Collection of Essays Written in Favour of the New Constitution”, p.196, Coventry House Publishing

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I have appealed to our own experience for the truth of what I advance on this subject [that the legislative power is the predominant power]. Were it necessary to verify this experience by particular proofs, they might be multiplied without end. I might find a witness in every citizen who has shared in, or been attentive to, the course of public administrations.

James Madison

Administration, Citizens, Might

"Federalist No. 48. These Departments Should Not Be So Far Separated as to Have No Constitutional Control Over Each Other" by James Madison, www.congress.gov. February 1, 1788.

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Whilst the last members were signing it Doctr. Franklin looking towards the Presidents chair, at the back of which a rising sun happened to be painted, observed to a few members near him, that Painters had found it difficult to distinguish in their art a rising from a setting sun.

James Madison

Art, President, Constitution Of The United States

James Madison, Edward J. Larson, Michael P. Winship (2011). “The Constitutional Convention: A Narrative History from the Notes of James Madison”, p.237, Modern Library

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One nation is to another what one individual is to another; with this melancholy distinction perhaps, that the former with fewer of the benevolent emotions than the latter, are under fewer restraints also from taking undue advantage of the indiscretions of each other.

James Madison

Emotion, Melancholy, Individual

Alexander Hamilton, James Madison, John Jay, J.R. Pole (2005). “The Federalist”, p.335, Hackett Publishing

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there ought always to be a constitutional method of giving efficacy to constitutional provisions. What for instance would avail restrictions on the authority of the state legislatures, without some constitutional mode of enforcing the observance of them? . . . This power must either be a direct negative on the state laws, or an authority in the federal courts, to over-rule such as might be in manifest contravention of the articles of union.

James Madison

Law, Giving, Negative

Alexander Hamilton, John Jay, James Madison (2010). “The Federalist: A Commentary on the Constitution of the United States”, p.508, Modern Library

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It may well happen that the public voice, pronounced by the representatives of the people, will be more constant to the public good than if pronounced by the people themselves.

James Madison

Voice, People, Democracy

"Federalist No. 10. The Same Subject Continued: The Union as a Safeguard Against Domestic Faction and Insurrection" by James Madison, www.congress.gov. November 23, 1787.

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The definition of the right of suffrage is very justly regarded as a fundamental article of republican government.

James Madison

Rights, Government, Fundamentals

Alexander Hamilton, James Madison, John Jay (1852). “The Federalist, on the new constitution, written in 1788, with an appendix, containing the letters of Pacificus and Helvidius on the proclamation of neutrality of 1793, also the original articles of confederation and the constitution of the United States”, p.243

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[Regarding legislative assemblies,] the number ought at most to be kept within a certain limit, in order to avoid the confusion and intemperance of a multitude. In all very numerous assemblies, of whatever characters composed, passion never fails to wrest the scepter from reason. Had every Athenian citizen been a Socrates, every Athenian assembly would still have been a mob.

James Madison

Character, Passion, Order

James Madison, John Jay (1901). “The Federalist: A Commentary on the Constitution of the United States”

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[In a democracy] a common passion or interest will, in almost every case , be felt by a majority of the whole; a communication and concert results from the form of government itself; and there is nothing to check the inducements to sacrifice the weaker party or an obnoxious individual.

James Madison

Party, Communication, Passion

Alexander Hamilton, James Madison, John Jay (1852). “The Federalist, on the New Constitution, Written in 1788”, p.45

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Security against foreign danger is one of the primitive objects of civil society. It is an avowed and essential object of the American Union.

James Madison

Essentials, Unions, Danger

Alexander Hamilton, James Madison, John Jay (2016). “The Federalist Papers and the Constitution of the United States: The Principles of the American Government”, p.220, Skyhorse Publishing, Inc.

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Born: March 16, 1751
Died: June 28, 1836
Occupation: 4th U.S. President
Cite this Page: Citation

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