March 16, 1751, James Madison born

March 16, 2019

James Madison, by Walker Hancock, 1976. Statue from the James Madison Building of the Library of Congress. Architect of the Capitol photo.

James Madison’s birth on March 16, 1751, gets no attention as a federal or state holiday. Journalists usually mark the date with a week of festivities around the date, honoring Madison’s deep dedication to the principles of free press and open government, including his authoring and passing the First Amendment.

Madison’s chief notoriety comes from his work organizing the Philadelphia convention and working to ratify the U.S. Constitution — sometimes he’s called the Father of the Constitution. He also served as Secretary of State in Thomas Jefferson’s administration, and served two terms as President, including the War of 1812.

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September 25, 1789: Bill of Rights sent to American people, Congress asked approval

September 25, 2018

From the Atlanta Coin Show: A commemorative gold-clad silver half-dollar provides an image of Madison writing the Bill of Rights with his quill pen with a view of Montpelier in the background.

From the Atlanta Coin Show: A commemorative gold-clad silver half-dollar provides an image of Madison writing the Bill of Rights with his quill pen with a view of Montpelier in the background. “LIBERTY,” “JAMES MADISON,” “FATHER OF THE BILL OF RIGHTS” and “IN GOD WE TRUST” along with “1993” are shown on the half dollar’s obverse.

September 25, 1789, Congress approved and enrolled the proposals, and sent twelve proposed amendments to the Constitution to the states for ratification.  Ten of the twelve amendments were approved, rather quickly, and by 1791 they were attached to the Constitution, known as the Bill of Rights.

The two proposals that failed to earn the required approval of three-fourths of the 13 states fell into a special limbo for Constitutional amendments that became clear only in the late 1970s when Congress discussed how long to wait for states to approve the Equal Rights Amendment (this is a much-simplified explanation, I know).  Congress put deadlines on the ratification process in the late 20th century, but the first twelve proposals had no deadlines.  In the 1980s, Congress passed a law that said any amendments floating around, unapproved, would be considered dead after a date certain.  Senate Judiciary Committee investigation found six such amendments, yet unratified.

Before that deadline passed, more states took a look at one of James Madison’s 1789 proposals, liked it, and passed it.

That amendment became the 27th Amendment to the Constitution, on May 7, 1992, 203 years after it was proposed:

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

This means James Madison, the Father of the Constitution, also proposed the first ten Amendments to the Constitution, ratified by 1791; and he also proposed the 27th Amendment, the last at the moment.

Patience is a virtue in legislative action, sometimes.

A portion of the Bill of Rights is seen at the Vancouver [Washington] Community Library in 2016. (Amanda Cowan/The Columbian)

A portion of the Bill of Rights is seen at the Vancouver [Washington] Community Library in 2016. (Amanda Cowan/The Columbian)

This is an encore post.

Yes, this is an encore post. Defeating ignorance takes patience and perseverance.


January 16, 2017: Religious Freedom Day in the USA

January 16, 2017

Interesting timing in 2017, falling on the Martin Luther King, Jr., holiday:  January 16 is Religious Freedom Day in the U.S.  Not a holiday (sadly), Religious Freedom Day commemorates the heritage of religious freedom in the U.S.

Thomas Jefferson statue in Charlottesville, Virginia, by Computer Guy. CC license.

January 16 is the anniversary of the adoption of the Virginia Statute of Religious Freedom in 1786.  Thomas Jefferson drafted the law in 1779, in his work to create a body of new laws suitable for a new republic based on freedom.  After the Treaty of Paris ended the American Revolutionary War in 1783, the 13 independent states in America continued in a difficult federation.  Patrick Henry in Virginia proposed in 1785 to roll back part of the Virginia Bill of Rights, and reestablish government paychecks to the clergy — partly to fund educated people in towns who could organize schools  in their non-preaching hours, but partly to reestablish the church in government.  Fellow legislator James Madison managed to delay consideration of the bill, urging such important matters needed time to develop public support.

Madison had other ideas.  He composed a petition eventually signed by thousands of Virginians, the Memorial and Remonstrance, defending religious freedom and stating the necessity of separating church and state to preserve religious freedom.  When the legislature reconvened in 1786, Henry had moved on to another term as governor; the legislature rejected Henry’s proposal and instead took up the bill Jefferson proposed earlier, and passed it.

The Virginia Statute for Religious Freedom remains in effect, unaltered, today.  It is generally regarded as the best statement on separation of state and church in law.  Within a year Madison was shepherding the construction of a new charter for the 13 American states that would become the Constitution; and in 1789, Madison proposed a much-refined religious freedom amendment to the U.S. Constitution, which was ratified as the First Amendment in 1791.

Every January 16, we honor the work of defenders of religious freedom, Thomas Jefferson, James Madison, the Virginia Assembly, and all who work today to keep religious freedom alive.

President Barack Obama issued a proclamation for Religious Freedom Day:

RELIGIOUS FREEDOM DAY, 2017

– – – – – – –

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

Believing that “Almighty God hath created the mind free,” Thomas Jefferson authored the Virginia Statute for Religious Freedom after our young Nation declared its independence. This idea of religious liberty later became a foundation for the First Amendment, which begins by stating that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…” On Religious Freedom Day, we rededicate ourselves to defending these fundamental principles, pay tribute to the many ways women and men of different religious and non-religious backgrounds have shaped America’s narrative, and resolve to continue forging a future in which all people are able to practice their faiths freely or not practice at all.

Religious freedom is a principle based not on shared ancestry, culture, ethnicity, or faith but on a shared commitment to liberty — and it lies at the very heart of who we are as Americans. As a Nation, our strength comes from our diversity, and we must be unified in our commitment to protecting the freedoms of conscience and religious belief and the freedom to live our lives according to them. Religious freedom safeguards religion, allowing us to flourish as one of the most religious countries on Earth, but it also strengthens our Nation as a whole. Brave men and women of faith have challenged our conscience and brought us closer to our founding ideals, from the abolition of slavery to the expansion of civil rights and workers’ rights. And throughout our history, faith communities have helped uphold these values by joining in efforts to help those in need — rallying in the face of tragedy and providing care or shelter in times of disaster.

As they built this country, our Founders understood that religion helps strengthen our Nation when it is not an extension of the State. And because our Government does not sponsor a religion — nor pressure anyone to practice a particular faith or any faith at all — we have a culture that aims to ensure people of all backgrounds and beliefs can freely and proudly worship without fear or coercion. Yet in 2015, nearly 20 percent of hate crime victims in America were targeted because of religious bias. That is unacceptable — and as Americans, we have an obligation to do better.

If we are to defend religious freedom, we must remember that when any religious group is targeted, we all have a responsibility to speak up. At times when some try to divide us along religious lines, it is imperative that we recall the common humanity we share — and reject a politics that seeks to manipulate, prejudice, or bias, and that targets people because of religion. Part of being American means guarding against bigotry and speaking out on behalf of others, no matter their background or belief — whether they are wearing a hijab or a baseball cap, a yarmulke or a cowboy hat.

Today, we must also remember those outside the United States who are persecuted for their faith or beliefs, including those who have lost their lives in attacks on sacred places. Religious liberty is more than a cornerstone of American life — it is a universal and inalienable right — and as members of a global community, we must strive to ensure that all people can enjoy that right in peace and security. That is why my Administration has worked with coalitions around the globe to end discrimination against religious minorities, protect vulnerable communities, and promote religious freedom for all. We have also worked to ensure that those who are persecuted for their religious beliefs can find safety and a new home in the United States and elsewhere.

America has changed a great deal since Thomas Jefferson first drafted the Virginia Statute for Religious Freedom, but religious liberty is a right we must never stop striving to uphold. Today, let us work to protect that precious right and ensure all people are able to go about their day in safety and with dignity — without living in fear of violence or intimidation — in our time and for generations to come.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 16, 2017, as Religious Freedom Day. I call on all Americans to commemorate this day with events and activities that teach us about this critical foundation of our Nation’s liberty, and that show us how we can protect it for future generations at home and around the world.

IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of January, in the year of our Lord two thousand seventeen, and of the Independence of the United States of America the two hundred and forty-first.

BARACK OBAMA

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Honoring James Madison, the go-to guy, on his birthday, March 16

March 16, 2016

James Madison, the fourth President of the United States, and the Father of the Constitution, was born March 16, 1751, in the Tidewater area of Virginia.

Is it sinful that we do not celebrate his birthday with a federal holiday, fireworks, picnics and speeches and concerts?

Maybe you could fly your flag today.  If the neighbors ask why, tell them you’re flying it for freedom on James Madison’s birthday.  They’ll say, “Oh,” and run off to Google Madison.  You will have struck a blow for the education that undergirds democracy.

Journalists honor Madison on his birthday, and through the week in which his birthday occurs, with tributes to the First Amendment which he wrote, and celebrations of Freedom of Information Laws and press freedoms, two issues dear to Madison’s heart.

There is much, much to celebrate about him.

A few years ago I was asked to talk about freedom to a group of freedom lovers in North Texas.  I chose to speak about James Madison’s remarkable, and too-often unremarked-upon life. Later, when I started this blog, I posted it here, with an introduction.  All of that is below, in honor of the birth of James Madison.

Did you know that Madison is the shortest man ever to have been president?  His stature is measured in freedom, not in feet and inches.

(Originally a post on July 31, 2006)

James Madison, 1783, by Charles Wilson Peale. Library of Congress collection

James Madison, 1783, miniature by Charles Wilson Peale. Madison would have been 32. Library of Congress collection

I don’t blame students when they tell me they “hate history.”  Heaven knows, they probably have been boringly taught boring stuff.

For example, history classes study the founding of the United States. Especially under the topical restrictions imposed by standardized testing, many kids will get a short-form version of history that leaves out some of the most interesting stuff.

Who could like that?

Worse, that sort of stuff does damage to the history and the people who made it, too.

James Madison gets short shrift in the current canon, in my opinion. Madison was the fourth president, sure, and many textbooks note his role in the convention at Philadelphia that wrote the Constitution in 1787. But I think Madison’s larger career, especially his advocacy for freedom from 1776 to his death, is overlooked.

Madison was the “essential man” in the founding of the nation, in many ways. He was able to collaborate with people as few others could, in order to get things done, including his work with George Mason on the Virginia Bill of Rights, with George Washington on the Constitution and national government structure, Thomas Jefferson on the structure and preservation of freedom, Alexander Hamilton on the Constitution and national bank, and James Monroe on continuing the American Revolution.

We need to look harder at the methods and philosophy, and life, of James Madison. This is an opinion I’ve held for a long time. Below the fold I reproduce a “sermon” I delivered to the North Texas Church of Freethought in November 2001.

James Madison White House portrait, John Vanderlyn, 1816

James Madison’s official White House portrait, by John Vanderlyn in 1816; in the White House collection

I have left this exactly as it was delivered, though I would change a few things today, especially emphasizing more the key role George Washington played in pushing Madison to get the Constitution — a view I came to courtesy of the Bill of Rights Insitute and their outstanding, week-long seminar, Shaping the Constitution: A View from Mount Vernon 1783-1789. The Bill of Rights Institute provides outstanding training for teachers, and this particular session, at Washington’s home at Mount Vernon, Virginia, is well worth the time (check with the Institute to see whether it will be offered next year — and apply!). I am especially grateful to have had the opportunity to discuss these times and issues with outstanding scholars like Dr. Gordon Lloyd of Pepperdine University, Dr. Adam Tate of Morrow College, and Dr. Stuart Leibiger of LaSalle University, during my stay at Mount Vernon.

James Madison by Gilbert Stuart c. 1821

James Madison, portrait by Gilbert Stuart c. 1821; National Portrait Gallery

My presentation to the skeptics of North Texas centered around the theme of what a skeptic might give thanks for at Thanksgiving. (It is available on the web — a misspelling of my name in the program carried over to the web, which has provided me a source of amusement for several years.)

Here is the presentation:

Being Thankful For Religious Liberty

As Presented at the November, 2001 Sunday Service of The North Texas Church of Freethought

Historians rethink the past at least every generation, mining history for new insights or, at least, a new book. About the founders of this nation there has been a good deal of rethinking lately. David McCullough reminds us that John Adams really was a good guy, and that we shouldn’t think of him simply as the Federalist foil to Thomas Jefferson’s more democratic view of the world. Jefferson himself is greatly scrutinized, and perhaps out of favor — “American Sphinx,” Joseph Ellis calls him. The science of DNA testing shows that perhaps Jefferson had more to be quiet about than even he confessed in his journals. While Jefferson himself questioned his own weakness in his not freeing his slaves in his lifetime, historians and fans of Jefferson’s great writings wrestle with the likelihood of his relationship with one of his own slaves (the old Sally Hemings stories came back, and DNA indicates her children were fathered by a member of the Jefferson clan; some critics argue that Jefferson was a hypocrite, but that was Jefferson’s own criticism of himself; defenders point out that the affair most likely was consensual, but could not be openly acknowledged in Virginia at that time). Hamilton’s gift to America was a financial system capable of carrying a noble nation to great achievement, we are told – don’t think of him simply as the fellow Aaron Burr killed in a duel. Washington is recast as one of the earliest guerrilla fighters, and in one book as a typical gentleman who couldn’t control his expenses. Franklin becomes in recent books the “First American,” the model after which we are all made, somehow.

Of the major figures of these founding eras, James Madison is left out of the rethinking, at least for now. There has been no major biography of Madison for a decade or more, not since Ralph Ketcham’s book for the University of Virginia press. Madison has a role in Joseph Ellis’s Founding Brothers, but he shares his spotlight with Hamilton and Jefferson. I think this is an oversight. As we enter into the first Thanksgiving season of the 21st century, we would do well to take a look back at Madison’s life. Madison gives us a model of reason, and more important, a model of action coupled to reason. America’s founding is often depicted as a time of great thunder — if not the thunder of the lightning Ben Franklin experimented with, an experiment he parlayed into worldwide respect for Americans, it is the thunder of the pronouncements of Thomas Jefferson in the Declaration of Independence, or of George Washington, just generally thundering through history.

The use of a bolt of lightning as a symbol for this group is inspired, I think. I’m a great fan of Mark Twain, and when I see that bolt of electricity depicted I think of Twain’s observation:

“Thunder is good; thunder is impressive. But it is lightning that does the work.”

Thunder at the founding is impressive; where was the lightning?

I’d like to point out two themes that run through Madison’s life, or rather, two activities that we find him in time and again. Madison’s life was marked by periods of reflection, followed by action as a result of that reflection.

We don’t know a lot about Madison’s youth. He was the oldest son of a wealthy Virginia planter, growing up in the Orange County area of Tidewater Virginia. We know he was boarded out for schooling with good teachers – usually clergymen, but occasionally to someone with expertise in a particular subject – and we know that he won admission to Princeton to study under the Rev. John Witherspoon, a recent Presbyterian transplant from across the Atlantic. Madison broke with tradition a bit in attending an American rather than an English school. And after completing his course of study he remained at Princeton for another year to study theology directly under Witherspoon, with an eye toward becoming a preacher.

Witherspoon is often held up as an example of how religion influenced the founders, but he was much more of a rationalist than some would have us believe. He persuaded the young Madison that a career in law and politics would be a great service to the people of Virginia and America, and might be a higher calling. After a year of this reflection, Madison returned to Virginia and won election to local government.

In his role as a county official Madison traveled the area. He inspected the works of government, including the jails. He was surprised to find in jail in Virginia people accused of — gasp! — practicing adult baptism. In fact Baptists and Presbyterians were jailed on occasion, because the Anglican church was the state church of Virginia, and their practicing their faith was against the common law. This troubled Madison greatly, and it directed an important part of his work for the rest of his life. In January of 1774, Madison wrote about it to another prominent Virginian, William Bradford:

“Poverty and Luxury prevail among all sorts: Pride ignorance and Knavery among the Priesthood and Vice and Wickedness among the Laity. This is bad enough. But it is not the worst I have to tell you. That diabolical Hell conceived principle of persecution rages among some and to their eternal infamy the Clergy can furnish their Quota of Imps for such business. This vexes me the most of any thing whatever. There are at this time in the adjacent County not less than 5 or 6 well meaning men in close Gaol for publishing their religious Sentiments which in the main are very orthodox. I have neither patience to hear talk or think of any thing relative to this matter, for I have squabbled and scolded abused and ridiculed so long about it, to so little purpose that I am without common patience. So I leave you to pity me and pray for Liberty of Conscience to revive among us.”

By April, Madison’s views on the matter had been boiled down to the essences, and he wrote Bradford again more bluntly:

“Religious bondage shackles and debilitates the mind and unfits it for every noble enterprise.”

Madison must have done a fine job at his county duties, whatever they were, because in 1776 when Virginia was organizing its government to survive hostilities with England, Madison was elected to the legislative body.

Madison was 25, and still raw in Virginia politics. He was appointed to the committee headed by George Mason to review the laws and charter of the colony. Another who would serve on this committee when he was back from Philadelphia was Thomas Jefferson. George Mason was already a giant in Virginia politics, and by the time Madison got to Williamsburg, Mason had already completed much of the work on a bill of rights to undergird the new Virginia government. Madison noted that freedom of religion was not among the rights enumerated in Mason’s version — but it was too late, Mason said. The work was done.

Madison quietly went to work on Mason, in committee, over dinner, during social occasions — noting the great injustice of jailing people solely because of their beliefs, and urging to Mason that it did Virginia no good to keep these fathers from providing for their families.

Mason ultimately agreed to accept the amendment.

The pattern was set.

Perhaps a better example of this reflection and action cycle occurred nearly a decade later. By 1785 the war was over, independence was won, but the business of government continued. While serving as governor of Virginia, Thomas Jefferson had drafted about 150 proposals for laws, really a blueprint for a free government. About half of these proposals had been passed into law. By 1785, Jefferson was away from Virginia, representing the Confederation of colonies in Paris. Jefferson had provided several laws to disestablish religion in Virginia, and to separate out the functions of church and state. With Jefferson gone, however, his old nemesis Patrick Henry sought to roll back some of that work. Henry proposed to bring back state support for the clergy, for the stated purpose of promoting education. (Yes, this is the same battle we fight today for church and state separation.) After Jefferson’s troubled term as governor, Virginia turned again to Henry – Henry ultimately served six terms as governor. His proposal was set for a quick approval in the Virginia assembly. It was late in the term, and everyone wanted to get home.

Henry was, of course, a thundering orator of great note. Madison was a small man with a nervous speaking style, but a man who knew the issues better than anyone else in almost any room he could be in. Madison came up with an interesting proposal. Picking the religion for the state was serious stuff, he said. A state doesn’t want to pick the wrong religion, and get stuck with the wrong god, surely – and such weighty matters deserve widespread support and discussion, Madison said. His motion to delay Henry’s bill until the next session, in order to let the public know and approve, was agreed to handily.

You probably know the rest of this story. With a year for the state to reflect on the idea, Madison wrote up a petition on the issue, which he called a “Memorial and Remonstrance.” In the petition he laid out 15 reasons why separation of church and state was a superior form of government, concluding that in the previous 1,500 years, every marriage of church and state produced a lazy and corrupt church, and despotic government. Madison’s petition circulated everywhere, and away from Patrick Henry’s thundering orations, the people of Virginia chose Madison’s cool reason.

When the legislature reconvened in 1786, it rejected Henry’s proposal. But Madison’s petition had been so persuasive, the legislature also brought up a proposal Thomas Jefferson had made six years earlier, and passed into law the Virginia Statue for Religious Freedom.

This was a great victory for Madison, and for Virginia. He celebrated by convening a convention to settle disputes between Virginia and Maryland about navigation on the Chesapeake Bay. Having reflected on the nature of this issue — a dispute between colonies — Madison had sought advice from others having the same problems, such as New York and New Jersey. In that effort he got the support of a New Yorker working on the same problems, Alexander Hamilton. In the course of these discussions Madison thought it clear that the difficulty lay with the form of government that bound the colonies together under the Articles of Confederation. Hamilton agreed, and they got their respective states and conferences to agree to meet in Philadelphia in 1787 to try to fix those problems. [Since I first wrote this, I’ve learned that it was George Washington’s desire to get a federal government, to facilitate the settling of the Ohio River Valley where Washington had several thousands of acres to sell, that prompted him to push Madison into the Annapolis Convention, and who made the introduction between Madison and Washington’s old aide and friend, Alexander Hamilton; Madison’s work with Washington runs much deeper than I orignally saw.]

James Madison, painted in 1792 by Charles Wilson Peale. Saatchi Gallery image

James Madison, painted in 1792 by Charles Wilson Peale. Saatchi Gallery image

Amending the Articles of Confederation was a doomed effort, many thought. The colonies would go their separate ways, no longer bound by the need to hang together against the Parliament of England. Perhaps George Washington could have got a council together to propose a new system, but Washington had stayed out of these debates. Washington’s model for action was the Roman general Cincinnatus, who went from his plow to lead the Romans to victory, then returned to his farm, and finding his plow where he had left it, took it up again.

Madison invited Washington, and persuaded Washington to attend. Washington was elected president of the convention, and in retrospect that election guaranteed that whatever the convention produced, the colonies would pay attention to it.

You know that history, too. The convention quickly decided the Articles of Confederation were beyond repair. Instead, they wrote a new charter for a new form of government. The charter was based in part on Jefferson’s Virginia Plan, with lots of modifications. Because the Constitution resembles so much the blueprint that Jefferson had written, and because Jefferson was a great founder, many Americans believe Jefferson was a guiding light at that Philadelphia convention. It’s often good to reflect that Jefferson was in Paris the entire time. While America remembers the thunder of Washington’s presiding, Franklin’s timely contributions and Jefferson’s ideas, it was Madison who did the heavy lifting, who got Washington and Franklin to attend the meeting Madison had set up, and got Jefferson’s ideas presented and explained.

It was Madison who decided, in late August of 1787, that the convention could not hang together long enough to create a bill of rights, and instead got approval for the basic framework of the U.S. government. In Virginia a few months later, while Patrick Henry thundered against what he described as a power grab by a new government, it was Madison who assembled the coalitions that got the Constitution ratified by the Virginia ratifying convention. And when even Jefferson complained that a constitution was dangerous without a bill of rights, it was Madison who first calmed Jefferson, then promised that one of the first actions of the new government would be a bill of rights. He delivered on that promise as a Member of the House of Representatives in 1789.

It is difficult to appreciate just how deeply insinuated into the creation of America was James Madison. In big ways and small, he made America work. He took the lofty ideas of Jefferson, and made them into laws that are still on the books, unamended and unedited, more than 200 years later.

When the ratification battle was won, when Madison had won election to the House over Patrick Henry’s strong objection, partly by befriending the man Henry had picked to defeat Madison, James Monroe, Madison could have savored the moment and been assured a place in history.

James Madison in 1804, by Gilbert Stuart

James Madison in 1804, by Gilbert Stuart. Colonial Williamsburg Foundation, Williamsburg, Virginia. Gift of Mrs. George S. Robbins

That’s not what a lightning bolt does. Journeying to New York for the opening of the First Congress and the inauguration of Washington as president, Madison stopped off at Mount Vernon to visit with Washington, apparently at Washington’s request. In what was a few hours, really, Madison wrote Washington’s inaugural address. While there at Mount Vernon, Madison stumbled into a discussion by several others on their way to New York, wondering what high honorific to apply to the new president. “Excellency” was winning out over “Your highness,” until Washington turned to Madison for an opinion. Madison said the president should be called, simply, “Mr. President.” We still do.

Once in New York, Madison saw to the organizing of the Congress, then to the organizing of the inauguration. And upon hearing Washington’s inauguration address — which Madison had ghosted, remember — Congress appointed Madison to write the official Congressional response.

Years later, in Washington, Madison engineered the candidacy of Thomas Jefferson for president, and after Jefferson was elected, Madison had the dubious honor as Secretary of State of lending his name to the Supreme Court case that established the Supreme Court as the arbiter of what is Constitutional under our scheme of government, in Marbury v. Madison.

Wherever there was action needed to make this government work, it seemed, there was James Madison providing the spark.

James Madison was the lightning behind the thunder of the founding of America. We should be grateful that he lived when he did, where he did, for we all share the fruits of the freedoms he worked to obtain. And in this Thanksgiving season, let us look for appropriate ways to honor his work.

James Madison circa 1829-1839, portrait by Chester Harding. Montpelier House, image by Builly Hathorn

James Madison, 1829, portrait by Chester Harding. Montpelier House, Billy Hathorn. “In 1829, Madison came out of retirement to attend a convention for revising Virginia’s constitution. While there, he posed for this portrait by the Massachusetts painter Chester Harding.”

The Madisonian model of thoughtful reflection leading to action is one that is solidly established in psychological research. It is the model for leadership taught in business schools and military academies.

I would compare religious liberty to a mighty oak tree, under which we might seek shade on a hot summer day, from which we might draw wood for our fires to warm us in winter, or lumber to build great and strong buildings. That big oak we enjoy began its life long before ours. We enjoy its shade because someone earlier planted the seed. We enjoy our freedoms today because of men like James Madison.

How do we give thanks? As we pass around the turkey to our family, our friends, we would do well to reflect on the freedoms we enjoy, and how we got them.

Finally, remembering that someone had to plant those seeds, we need to ask: What seeds must we plant now for those who will come after us? We can demonstrate our being grateful for the actions of those who came before us by giving to those who come after us, something more to be grateful for. A life like Madison’s is a rarity. Improving on the freedoms he gave us might be difficult. Preserving those freedoms seems to me a solemn duty, however. Speaking out to defend those freedoms is an almost-tangible way to thank James Madison, and as fate would have it, there is plenty of material to speak out about. A postcard to your senators and representative giving your reasoned views on the re- introduction of the Istook Amendment might be timely now – with America’s attention turned overseas for a moment, people have adopted Patrick Henry’s tactic of trying to undo religious freedom during the distraction. I have had a lot of fun, and done some good I hope, in our local school system by asking our sons’ science and biology teachers what they plan to teach about evolution. Whatever they nervously answer — and they always nervously answer that question — I tell them that I want them to cover the topic fully and completely, and if they have any opposition to that I would be pleased to lend my name to a suit demanding it be done. We might take a moment of reflection to ponder our views about a proposed Texas “moment of silence” bill to be introduced, and then let our state representatives have our thoughts on the issue.

Do you need inspiration? Turn to James Madison’s writings. In laying out his 15-point defense of religious freedom in 1785, Madison wrote that separation of church and state is essential to our form of government:

“The preservation of a free Government requires not merely, that the metes and bounds which separate each department of power be invariably maintained; but more especially that neither of them be suffered to overleap the great Barrier which defends the rights of the people.”

How can we express our gratitude for such a foundation for religious liberty? Let loose a few lightning bolts, in remembrance of Madison.

Copyright © 2001 and 2006 by Ed Darrell. You may reproduce with attribution. Links added in May 2013.

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September 25, 1789: Bill of Rights sent to American people for approval

September 25, 2015

From the Atlanta Coin Show: A commemorative gold-clad silver half-dollar provides an image of Madison writing the Bill of Rights with his quill pen with a view of Montpelier in the background.

From the Atlanta Coin Show: A commemorative gold-clad silver half-dollar provides an image of Madison writing the Bill of Rights with his quill pen with a view of Montpelier in the background. “LIBERTY,” “JAMES MADISON,” “FATHER OF THE BILL OF RIGHTS” and “IN GOD WE TRUST” along with “1993” are shown on the half dollar’s obverse.

September 25, 1789, Congress had approved and enrolled the proposals, and sent twelve proposed amendments to the Constitution to the states for ratification.  Ten of the twelve amendments were approved, rather quickly, and by 1791 the were attached to the Constitution, known as the Bill of Rights.

The two proposals that failed to earn the required approval of three-fourths of the 13 states fell into a special limbo for Constitutional amendments that became clear only in the late 1970s when Congress discussed how long to wait for states to approve the Equal Rights Amendment (this is a much-simplified explanation, I know).  Congress put deadlines on the ratification process in the late 20th century, but the first twelve proposals had no deadlines.  In the 1980s, Congress passed a law that said any amendments floating around, unapproved, would be considered dead after a date certain.  Senate Judiciary Committee investigation found six such amendments, yet unratified.

Before that deadline passed, more states took a look at one of James Madison’s 1789 proposals, liked it, and passed it.

That amendment became the 27th Amendment to the Constitution, on May 7, 1992, 203 years after it was proposed:

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

This means James Madison, the Father of the Constitution, also proposed the first ten Amendments to the Constitution, ratified by 1791; and he also proposed the 27th Amendment, the last at the moment.

Patience is a virtue in legislative action, sometimes.

Yes, this is mostly an encore post. Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


Madison, Clay and Huxley: June 29 is a day of passings

June 29, 2015

Three great historical figures passed on June 29 — and I’ll wager there are others, but I stumbled on these three in the past day.

  • James Madison, Father of the Constitution, and our fourth president
  • Henry Clay, who many including himself thought should have been president
  • Thomas Huxley, the scientist perhaps best known for his spirited defense of evolution theory and Charles Darwin against an ungrateful Bishop Samuel Wilberforce

Historian Michael Beschloss noted Madison’s passing:

Madison was born in 1751.

Henry Clay falls into that history between the founding and the Civil War, when he won the name “the Great Compromiser” for his ability to put together agreements and laws that patched things up for a while — holding the south in the union, but not giving in to expansions of slavery, for example.  Clay wanted to preserve the union, but he wanted full support from citizens in all corners of the nation. He wrote words perhaps relevant to political contretemps of today:

I implore, as the best blessing which Heaven can bestow upon me upon earth, that if the direful and sad event of the dissolution of the Union shall happen, I may not survive to behold the sad and heart-rending spectacle.

“On the Compromise Resolutions,”
speech before the U.S. Senate,
February 5 and 6, 1850,
The Life and Speeches of Henry Clay (Littleton, Colorado: Fred B. Rothman, 1987), 2: 664.

Henry Clay died June 29, 1852, perhaps within weeks of this photo:

Henry Clay, photo by Mathew B. Brady between 1850 and 1852; Library of Congress archives.

Henry Clay, photo by Mathew B. Brady between 1850 and 1852; Library of Congress archives.

There’s a longer article on Clay’s amazing life and achievements at LOC’s “Today in History.” The Library of Congress also gives a brief summary of Clay’s history:

Republican Senator from Kentucky, 1806-1807, 1810-1811; Congressman, 1811-1814, 1815-1821, 1823-1825; U.S. Secretary of State, 1825-1829; Whig Senator, 1831-1842, 1849-1852; Democratic Republican candidate for President, 1824; National Republican candidate for President, 1832; Whig candidate for President, 1844.

Clay was born in 1777.

Thomas Huxley’s passing, on June 29, 1895, earns a spot on the calendar of events at Smithsonian.com

Thomas Henry Huxley, a British biologist and firm believer in evolution, dies at age 70. The greatest defender of Darwinism in Britain, he once said,

“The deepest sin against the human mind is to believe things without evidence.”

Thomas Henry Huxley, in an 1871 drawing by Carlo Pellegrini for Vanity Fair.

Thomas Henry Huxley, in an 1871 drawing by Carlo Pellegrini for Vanity Fair.

Huxley’s quote is one more indictment of people affected by the Dunning Kruger effect, something I just became aware of yesterday.  Yes, I need to source it better.

Upon reading Darwin’s big book, Origin of Species, Huxley wrote Darwin on November 23, 1859, one week after the book was published:

I finished your book yesterday. . . Since I read Von Baer’s Essays nine years ago no work on Natural History Science I have met with has made so great an impression on me & I do most heartily thank you for the great store of new views you have given me. . .
As for your doctrines I am prepared to go to the Stake if requisite. . .
I trust you will not allow yourself to be in any way disgusted or annoyed by the considerable abuse & misrepresentation which unless I greatly mistake is in store for you. . . And as to the curs which will bark and yelp — you must recollect that some of your friends at any rate are endowed with an amount of combativeness which (though you have often & justly rebuked it) may stand you in good stead —
I am sharpening up my claws and beak in readiness

  • Letter of T. H. Huxley to Charles Darwin, November 23, 1859, regarding the Origin of Species

Huxley, born in 1825, lived 70 great years in science.

Who else died on June 29 whom we should remember?


March 16, Freedoms Day 2015 – How to celebrate James Madison?

March 16, 2015

Celebrations of James Madison, who was born on March 16, 1751, fall to second tier, a paragraph if we’re lucky in your local newspaper’s “today in history” feature.

March 16 is not a holiday.  It’s not even a Flag Flying Day (though, if you left your flag up for March 15th’s anniversary of Maine’s statehood . . . no one would notice).

Secretary of State James Madison, who won Marb...

Secretary of State James Madison, who won Marbury v. Madison, but lost Judicial review. Photo: Wikipedia

Should we leave James Madison out of our celebrations of history with such vengeance?

Madison left a great legacy.  The question is, how to honor it, and him?

  • Madison is known popularly, especially for elementary school history studies (the few that are done anymore), as the Father of the Constitution.  It’s fitting:  Madison engaged in a great, good conspiracy with George Washington and Alexander Hamilton to get the convention to “amend” the Articles of Confederation and create a better, probably stronger, national government.  But Washington stayed behind the scenes, and pulled very few strings Madison didn’t tell him to pull. Hamilton’s support from New York was weak; while Hamilton played a hugely important role in getting the convention called, and in getting New York to ratify the Constitution with the creation of the Federalist Papers project, the day-to-day operation of the convention and direction of the political forces to make it work, fell to Madison.
  • Madison’s notes on the Philadelphia convention give us the best record of the then-secret proceedings. 

    English: James Madison, fourth president of th...

    Notice the error in this caption:  “James Madison, fourth president of the United States wrote the Constitution at his estate near Orange Virginia, called Montpelier. Pictured here after an extensive renovation.” Photo from Wikipedia.  (James Madison didn’t write the Constitution; it was hammered out in Philadelphia, not Montpelier; the patriot and rake Gouverneur Morris wrote out the final draft.)

  • Madison devised the scheme of getting conventions to ratify the Constitution, instead of colonial/state legislatures.  He had Patrick Henry in mind.  Henry opposed any centralized government for the colonies, to the point that he refused to attend the Philadelphia convention when he was appointed a delegate; by the end of the convention, Henry was off to another term as governor where he hoped to orchestrate the defeat of ratification of the constitution in the Virginia legislature.  Madison circumvented that path, but Henry still threw up every hurdle he could.  (Henry organized the anti-federalist forces in the Virginia Convention, and hoping to kill the Constitution, called it fatally flawed for having no bill of rights; when Madison’s organizing outflanked him, especially with a promised to get a bill of rights in the First Congress, Henry blocked Madison’s election to the U.S. Senate, and organized forces to stop his popular election to the U.S. House.  That failed, ultimately, and Madison pushed the legislative package that became the Bill of Rights).
  • Andrew Hamilton started writing a series of newspaper columns, with John Jay, to urge New York to ratify of the Constitution; but after Jay was beaten nearly to death by an anti-federalist mob, Hamilton invited Madison to step in and help.  Madison ended up writing more than Hamilton and Jay put together, in that collection now known as The Federalist Papers.
  • Madison backed down George Mason, and got the great defender of citizens’ rights to add religious freedom to the Virginia Bill of Rights, in 1776.  Religious freedom and freedom of conscience became a life-long crusade for Madison, perhaps moreso than for Thomas Jefferson.
  • A sort of protege of Thomas Jefferson, Madison pushed much of Jefferson’s democratic and bureaucratic reforms through the Virginia legislature, into law.  Especially, it was Madison who stoppped Patrick Henry’s plan to have Virginia put preachers on the payroll, and instead pass Jefferson’s Statute for Religious Freedom into law in 1786.
  • Madison wrote the best defense of American religious freedom in the Memorial and Remonstrance, a petition to the Virginia legislature to get Jefferson’s bill passed.
  • Madison sponsored and passed more Constitutional Amendments than anyone else in history.  We have 27 amendments to our Constitution.  Madison pushed through the first 10, now known as the Bill of Rights.  In the original package proposed out of Congress were a dozen amendments.  One of those became salient again in the late 20th century, and was finally ratified in 1992 — the 27th Amendment.  Madison is the author of 11 of the 27 amendments, including the first ten and the last one.
  • Yeah, James Madison was the defendant in Marbury v. Madison; he made history even when he didn’t do anything
  • Madison is the only president to face enemy gunfire while president, commanding troops on the frontlines during the British invasion of Washington in 1814.
  • Madison took over the creation of the University of Virginia when Jefferson’s death prevented his following through.
  • Madison’s record as an effective, law-passing legislator is rivaled only by Lyndon Johnson among the 43 people we’ve had as president.  Both were masters at get stuff done.
  • Madison is the ultimate go-to-guy for a partner In his lifetime, to the great benefit of his partners, he collaborated with George Washington to get the convention in Philadelphia; he collaborated with Ben Franklin to get Washington to be president of the Philadelphia convention, without which it could not have succeeded; he collaborated with Hamilton on the Constitution and again on the Federalist papers; he collaborated with Jefferson to secure religious freedom in 1776, 1786, and 1789; Madison collaborated with Jefferson to establish our party political system (perhaps somewhat unintentionally), and to get Jefferson elected president; Madison collaborated with Jefferson and Jay to make the Louisiana Purchase; Madison took James Monroe out of the Patrick Henry camp, and brought Monroe along to be a great federalist democrat, appointing Monroe Secretary of State in Madison’s administration, and then pushing Monroe to succeed him as president.  Also, Madison was a prize student of the great John Witherspoon at what is now Princeton; Witherspoon took Madison, studying for the clergy, and convinced him God had a greater calling for him than merely to a pulpit.

As the ultimate Second Man — when he wasn’t the First Man — Madison’s role in history should not be downplayed, not forgotten.

March 16 is Madison’s birthday (“new style”).

What would be fitting ways to celebrate Madison’s life and accomplishments, on his birthday?  Nothing done so far in the history of the Republic adequately honors this man and his accomplishments, nor begins to acknowledge the great debt every free person owes to his work.

Still, there are encouraging stirrings.

(Dolley Madison?  There are two topics for other, lengthy discussions — one on their marriage, and how they worked together; one on Dolley, a power in her own right.)

Previously, at Millard Fillmore’s Bathtub:

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Yes, this is mostly an encore post.  Fighting ignorance requires patience.

Yes, this is mostly an encore post. Fighting ignorance requires patience.


Founders on education standards: James Madison

February 25, 2015

Photo of inscription to the left (north) of the main entrance on Independence Ave., of the James Madison Building, Library of Congress, Washington, D.C.; Library of Congress photo

Photo of inscription to the left (north) of the main entrance on Independence Ave., of the James Madison Building, Library of Congress, Washington, D.C.; Library of Congress photo

Madison said nothing against a federal role, but much which supports Common Core standards, and everything in support of public schooling (spellings and other longhand affectations of Mr. Madison left as they were in the letter; emphases added here):

Letter to William Taylor Barry

James Madison (Aug. 4, 1822)

Dear Sir, I received some days ago your letter of June 30, and the printed Circular to which it refers.

The liberal appropriations made by the Legislature of Kentucky for a general system of Education cannot be too much applauded. A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives.*

William Taylor Barry was, in 1822, Lt. Governor of Kentucky (one of many posts he held in his lifetime of public service), and the author of the Barry Report, which proposed a system of free public education for Kentucky. Image from Kentucky Secretary of State, at Kentucky.gov

William Taylor Barry was, in 1822, Lt. Governor of Kentucky (one of many posts he held in his lifetime of public service), and the author of the Barry Report, which proposed a system of free public education for Kentucky. Image from Kentucky Secretary of State, at Kentucky.gov

I have always felt a more than ordinary interest in the destinies of Kentucky. Among her earliest settlers were some of my particular friends and Neighbors. And I was myself among the foremost advocates for submitting to the Will of the “District” the question and the time of its becoming a separate member of the American family. Its rapid growth & signal prosperity in this character have afforded me much pleasure; which is not a little enhanced by the enlightened patriotism which is now providing for the State a Plan of Education embracing every class of Citizens, and every grade & department of Knowledge. No error is more certain than the one proceeding from a hasty & superficial view of the subject: that the people at large have no interest in the establishment of Academies, Colleges, and Universities, where a few only, and those not of the poorer classes can obtain for their sons the advantages of superior education. It is thought to be unjust that all should be taxed for the benefit of a part, and that too the part least needing it.

If provision were not made at the same time for every part, the objection would be a natural one. But, besides the consideration when the higher Seminaries belong to a plan of general education, that it is better for the poorer classes to have the aid of the richer by a general tax on property, than that every parent should provide at his own expence for the education of his children, it is certain that every Class is interested in establishments which give to the human mind its highest improvements, and to every Country its truest and most durable celebrity.

Learned Institutions ought to be favorite objects with every free people. They throw that light over the public mind which is the best security against crafty & dangerous encroachments on the public liberty. They are the nurseries of skilful Teachers for the schools distributed throughout the Community. They are themselves schools for the particular talents required for some of the Public Trusts, on the able execution of which the welfare of the people depends. They multiply the educated individuals from among whom the people may elect a due portion of their public Agents of every description; more especially of those who are to frame the laws; by the perspicuity, the consistency, and the stability, as well as by the just & equal spirit of which the great social purposes are to be answered.

Without such Institutions, the more costly of which can scarcely be provided by individual means, none but the few whose wealth enables them to support their sons abroad can give them the fullest education; and in proportion as this is done, the influence is monopolized which superior information everywhere possesses. At cheaper & nearer seats of Learning parents with slender incomes may place their sons in a course of education putting them on a level with the sons of the Richest. Whilst those who are without property, or with but little, must be peculiarly interested in a System which unites with the more Learned Institutions, a provision for diffusing through the entire Society the education needed for the common purposes of life. A system comprizing the Learned Institutions may be still further recommended to the more indigent class of Citizens by such an arrangement as was reported to the General Assembly of Virginia, in the year 1779, by a Committee appointed to revise laws in order to adapt them to the genius of Republican Government. It made part of a “Bill for the more general diffusion of knowledge” that wherever a youth was ascertained to possess talents meriting an education which his parents could not afford, he should be carried forward at the public expence, from seminary to seminary, to the completion of his studies at the highest.

But why should it be necessary in this case, to distinguish the Society into classes according to their property? When it is considered that the establishment and endowment of Academies, Colleges, and Universities are a provision, not merely for the existing generation, but for succeeding ones also; that in Governments like ours a constant rotation of property results from the free scope to industry, and from the laws of inheritance, and when it is considered moreover, how much of the exertions and privations of all are meant not for themselves, but for their posterity, there can be little ground for objections from any class, to plans of which every class must have its turn of benefits. The rich man, when contributing to a permanent plan for the education of the poor, ought to reflect that he is providing for that of his own descendants; and the poor man who concurs in a provision for those who are not poor that at no distant day it may be enjoyed by descendants from himself. It does not require a long life to witness these vicissitudes of fortune.

It is among the happy peculiarities of our Union, that the States composing it derive from their relation to each other and to the whole, a salutary emulation, without the enmity involved in competitions among States alien to each other. This emulation, we may perceive, is not without its influence in several important respects; and in none ought it to be more felt than in the merit of diffusing the light and the advantages of Public Instruction. In the example therefore which Kentucky is presenting, she not only consults her own welfare, but is giving an impulse to any of her sisters who may be behind her in the noble career.

Throughout the Civilized World, nations are courting the praise of fostering Science and the useful Arts, and are opening their eyes to the principles and the blessings of Representative Government. The American people owe it to themselves, and to the cause of free Government, to prove by their establishments for the advancement and diffusion of Knowledge, that their political Institutions, which are attracting observation from every quarter, and are respected as Models, by the newborn States in our own Hemisphere, are as favorable to the intellectual and moral improvement of Man as they are conformable to his individual & social Rights. What spectacle can be more edifying or more seasonable, than that of Liberty & Learning, each leaning on the other for their mutual & surest support?

The Committee, of which your name is the first, have taken a very judicious course in endeavouring to avail Kentucky of the experience of elder States, in modifying her Schools. I enclose extracts from the laws of Virginia on that subject; though I presume they will give little aid; the less as they have as yet been imperfectly carried into execution. The States where such systems have been long in operation will furnish much better answers to many of the enquiries stated in your Circular. But after all, such is the diversity of local circumstances, more particularly as the population varies in density & sparseness, that the details suited to some may be little so to others. As the population however, is becoming less & less sparse, and it will be well in laying the foundation of a Good System, to have a view to this progressive change, much attention seems due to examples in the Eastern States, where the people are most compact, & where there has been the longest experience in plans of popular education.

I know not that I can offer on the occasion any suggestions not likely to occur to the Committee. Were I to hazard one, it would be in favour of adding to Reading, Writing, & Arithmetic, to which the instruction of the poor, is commonly limited, some knowledge of Geography; such as can easily be conveyed by a Globe & Maps, and a concise Geographical Grammar. And how easily & quickly might a general idea even, be conveyed of the Solar System, by the aid of a Planatarium of the Cheapest construction. No information seems better calculated to expand the mind and gratify curiosity than what would thus be imparted. This is especially the case, with what relates to the Globe we inhabit, the Nations among which it is divided, and the characters and customs which distinguish them. An acquaintance with foreign Countries in this mode, has a kindred effect with that of seeing them as travellers, which never fails, in uncorrupted minds, to weaken local prejudices, and enlarge the sphere of benevolent feelings. A knowledge of the Globe & its various inhabitants, however slight, might moreover, create a taste for Books of Travels and Voyages; out of which might grow a general taste for History, an inexhaustible fund of entertainment & instruction. Any reading not of a vicious species must be a good substitute for the amusements too apt to fill up the leisure of the labouring classes.

I feel myself much obliged Sir by your expressions of personal kindness, and pray you to accept a return of my good wishes, with assurances of my great esteem & respect.

Careful readers will note Madison assumed public schools; he had been one of those who contributed to the Northwest Ordinances, which set aside pieces of every township, which land was to be used to create public schooling on the frontiers of America.  If you think Madison’s description of what was to be taught and how sounds an awful lot like Advanced Placement (AP) courses, or the International Baccalaureate curriculum (IB), you’d be in good company.  As opposed to those yahoos who oppose AP or question IB.

_____________
* This line was a favorite quote of Education Secretary Bill Bennett when I published his works in the area. I cannot say whether he still favors Madison’s view, but once upon a time Bennett was rational on these issues.

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January 16 is Religious Freedom Day in the USA

January 16, 2015

Great timing in 2015:  January 16 is Religious Freedom Day in the U.S.  Not a holiday (sadly), Religious Freedom Day commemorates the heritage of religious freedom in the U.S.

Statue of Thomas Jefferson, author of the Virginia Statute for Religious Freedom, in Colonial Williamsburg, Va.

Statue of Thomas Jefferson, author of the Virginia Statute for Religious Freedom, in Colonial Williamsburg, Va.

January 16 is the anniversary of the adoption of the Virginia Statute of Religious Freedom in 1786.  Thomas Jefferson drafted the law in 1779, in his work to create a body of new laws suitable for a new republic based on freedom.  After the Treaty of Paris ended the American Revolutionary War in 1783, the 13 independent states in America continued in a difficult federation.  Patrick Henry in Virginia proposed in 1785 to roll back part of the Virginia Bill of Rights, and reestablish government paychecks to the clergy — partly to fund educated people in towns who could organize schools  in their non-preaching hours, but partly to reestablish the church in government.  Fellow legislator James Madison managed to delay consideration of the bill, urging such important matters needed time to develop public support.

Madison had other ideas.  He composed a petition eventually signed by thousands of Virginians, the Memorial and Remonstrance, defending religious freedom and stating the necessity of separating church and state to preserve religious freedom.  When the legislature reconvened in 1786, Henry had moved on to another term as governor; the legislature rejected Henry’s proposal and instead took up the bill Jefferson proposed earlier, and passed it.

The Virginia Statute for Religious Freedom remains in effect, unaltered, today.  It is generally regarded as the best statement on separation of state and church in law.  Within a year Madison was shepherding the construction of a new charter for the 13 American states that would become the Constitution; and in 1789, Madison proposed a much-refined religious freedom amendment to the U.S. Constitution, which was ratified as the First Amendment in 1791.

Every January 16, we honor the work of defenders of religious freedom, Thomas Jefferson, James Madison, the Virginia Assembly, and all who work today to keep religious freedom alive.

President Barack Obama issued a proclamation for Religious Freedom Day:

RELIGIOUS FREEDOM DAY, 2015

– – – – – – –

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA

A PROCLAMATION

From many faiths and diverse beliefs, Americans are united by the ideals we cherish. Our shared values define who we are as a people and what we stand for as a Nation. With abiding resolve, generations of patriots have fought — through great conflict and fierce debate — to secure and defend these freedoms, irrevocably weaving them deep into the fabric of our society. Today, we celebrate an early milestone in the long history of one of our country’s fundamental liberties.

On January 16, 1786, the Virginia Statute for Religious Freedom was adopted. It was one of the first laws in our Nation to codify the right of every person to profess their opinions in matters of faith, and it declares that “no man shall be compelled to frequent or support any” religion. Drafted by Thomas Jefferson and guided through the Virginia legislature by James Madison, this historic legislation served as a model for the religious liberty protections enshrined in our Constitution.

The First Amendment prohibits the Government from establishing religion. It protects the right of every person to practice their faith how they choose, to change their faith, or to practice no faith at all, and to do so free from persecution and fear. This religious freedom allows faith to flourish, and our Union is stronger because a vast array of religious communities coexist peacefully with mutual respect for one another. Since the age of Jefferson and Madison, brave women and men of faith have challenged our conscience; today, our Nation continues to be shaped by people of every religion and of no religion, bringing us closer to our founding ideals. As heirs to this proud legacy of liberty, we must remain vigilant in our efforts to safeguard these freedoms.

We must also continue our work to protect religious freedom around the globe. Throughout the world, millions of individuals are subjected to discrimination, abuse, and sanctioned violence simply for exercising their religion or choosing not to claim a faith. Communities are being driven from their ancient homelands because of who they are or how they pray, and in conflict zones, mass displacement has become all too common.

In the face of these challenges, I am proud the United States continues to stand up for the rights of all people to practice their faiths in peace. Promoting religious freedom has always been a key objective of my Administration’s foreign policy because history shows that nations that uphold the rights of their people — including the freedom of religion — are ultimately more just, more peaceful, and more successful. In every country, individuals should be free to choose and live their faith based upon the persuasion of the mind — and of the heart and soul. Today, let us continue our work to protect this tradition and advance the cause of religious freedom worldwide.

NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 16, 2015, as Religious Freedom Day. I call on all Americans to commemorate this day with events and activities that teach us about this critical foundation of our Nation’s liberty, and that show us how we can protect it for future generations at home and around the world.

IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of January, in the year of our Lord two thousand fifteen, and of the Independence of the United States of America the two hundred and thirty-ninth.

BARACK OBAMA

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Honoring James Madison, the go-to guy, on his birthday

March 16, 2014

James Madison, the fourth President of the United States, and the Father of the Constitution, was born March 16, 1751, in the Tidewater area of Virginia.

Is it sinful that we do not celebrate his birthday with a federal holiday, fireworks, picnics and speeches and concerts?

Maybe you could fly your flag to day.  If the neighbors ask why, tell them you’re flying it for freedom on James Madison’s birthday.  They’ll say, “Oh,” and run off to Google Madison.  You will have struck a blow for the education that undergirds democracy.

A few years ago I was asked to talk about freedom to a group of freedom lovers in North Texas.  I chose to speak about James Madison’s remarkable, and too-often unremarked-upon life. Later, when I started this blog, I posted it here, with an introduction.  All of that is below, in honor of the birth of James Madison.

Did you know that Madison is the shortest man ever to have been president?  His stature is measured in freedom, not in feet and inches.

(Originally a post on July 31, 2006)

James Madison, 1783, by Charles Wilson Peale.  Library of Congress collection

James Madison, 1783, miniature by Charles Wilson Peale. Madison would have been 32. Library of Congress collection

I don’t blame students when they tell me they “hate history.”  Heaven knows, they probably have been boringly taught boring stuff.

For example, history classes study the founding of the United States. Especially under the topical restrictions imposed by standardized testing, many kids will get a short-form version of history that leaves out some of the most interesting stuff.

Who could like that?

Worse, that sort of stuff does damage to the history and the people who made it, too.

James Madison gets short shrift in the current canon, in my opinion. Madison was the fourth president, sure, and many textbooks note his role in the convention at Philadelphia that wrote the Constitution in 1787. But I think Madison’s larger career, especially his advocacy for freedom from 1776 to his death, is overlooked.

Madison was the “essential man” in the founding of the nation, in many ways. He was able to collaborate with people as few others could, in order to get things done, including his work with George Mason on the Virginia Bill of Rights, with George Washington on the Constitution and national government structure, Thomas Jefferson on the structure and preservation of freedom, Alexander Hamilton on the Constitution and national bank, and James Monroe on continuing the American Revolution.

We need to look harder at the methods and philosophy, and life, of James Madison. This is an opinion I’ve held for a long time. Below the fold I reproduce a “sermon” I delivered to the North Texas Church of Freethought in November 2001.

James Madison White House portrait, John Vanderlyn, 1816

James Madison’s official White House portrait, by John Vanderlyn in 1816; in the White House collection

I have left this exactly as it was delivered, though I would change a few things today, especially emphasizing more the key role George Washington played in pushing Madison to get the Constitution — a view I came to courtesy of the Bill of Rights Insitute and their outstanding, week-long seminar, Shaping the Constitution: A View from Mount Vernon 1783-1789. The Bill of Rights Institute provides outstanding training for teachers, and this particular session, at Washington’s home at Mount Vernon, Virginia, is well worth the time (check with the Institute to see whether it will be offered next year — and apply!). I am especially grateful to have had the opportunity to discuss these times and issues with outstanding scholars like Dr. Gordon Lloyd of Pepperdine University, Dr. Adam Tate of Morrow College, and Dr. Stuart Leibiger of LaSalle University, during my stay at Mount Vernon.

James Madison by Gilbert Stuart c. 1821

James Madison, portrait by Gilbert Stuart c. 1821; National Portrait Gallery

My presentation to the skeptics of North Texas centered around the theme of what a skeptic might give thanks for at Thanksgiving. (It is available on the web — a misspelling of my name in the program carried over to the web, which has provided me a source of amusement for several years.)

Here is the presentation:

Being Thankful For Religious Liberty

As Presented at the November, 2001 Sunday Service of The North Texas Church of Freethought

Historians rethink the past at least every generation, mining history for new insights or, at least, a new book. About the founders of this nation there has been a good deal of rethinking lately. David McCullough reminds us that John Adams really was a good guy, and that we shouldn’t think of him simply as the Federalist foil to Thomas Jefferson’s more democratic view of the world. Jefferson himself is greatly scrutinized, and perhaps out of favor — “American Sphinx,” Joseph Ellis calls him. The science of DNA testing shows that perhaps Jefferson had more to be quiet about than even he confessed in his journals. While Jefferson himself questioned his own weakness in his not freeing his slaves in his lifetime, historians and fans of Jefferson’s great writings wrestle with the likelihood of his relationship with one of his own slaves (the old Sally Hemings stories came back, and DNA indicates her children were fathered by a member of the Jefferson clan; some critics argue that Jefferson was a hypocrite, but that was Jefferson’s own criticism of himself; defenders point out that the affair most likely was consensual, but could not be openly acknowledged in Virginia at that time). Hamilton’s gift to America was a financial system capable of carrying a noble nation to great achievement, we are told – don’t think of him simply as the fellow Aaron Burr killed in a duel. Washington is recast as one of the earliest guerrilla fighters, and in one book as a typical gentleman who couldn’t control his expenses. Franklin becomes in recent books the “First American,” the model after which we are all made, somehow.

Of the major figures of these founding eras, James Madison is left out of the rethinking, at least for now. There has been no major biography of Madison for a decade or more, not since Ralph Ketcham’s book for the University of Virginia press. Madison has a role in Joseph Ellis’s Founding Brothers, but he shares his spotlight with Hamilton and Jefferson. I think this is an oversight. As we enter into the first Thanksgiving season of the 21st century, we would do well to take a look back at Madison’s life. Madison gives us a model of reason, and more important, a model of action coupled to reason. America’s founding is often depicted as a time of great thunder — if not the thunder of the lightning Ben Franklin experimented with, an experiment he parlayed into worldwide respect for Americans, it is the thunder of the pronouncements of Thomas Jefferson in the Declaration of Independence, or of George Washington, just generally thundering through history.

The use of a bolt of lightning as a symbol for this group is inspired, I think. I’m a great fan of Mark Twain, and when I see that bolt of electricity depicted I think of Twain’s observation:

“Thunder is good; thunder is impressive. But it is lightning that does the work.”

Thunder at the founding is impressive; where was the lightning?

I’d like to point out two themes that run through Madison’s life, or rather, two activities that we find him in time and again. Madison’s life was marked by periods of reflection, followed by action as a result of that reflection.

We don’t know a lot about Madison’s youth. He was the oldest son of a wealthy Virginia planter, growing up in the Orange County area of Tidewater Virginia. We know he was boarded out for schooling with good teachers – usually clergymen, but occasionally to someone with expertise in a particular subject – and we know that he won admission to Princeton to study under the Rev. John Witherspoon, a recent Presbyterian transplant from across the Atlantic. Madison broke with tradition a bit in attending an American rather than an English school. And after completing his course of study he remained at Princeton for another year to study theology directly under Witherspoon, with an eye toward becoming a preacher.

Witherspoon is often held up as an example of how religion influenced the founders, but he was much more of a rationalist than some would have us believe. He persuaded the young Madison that a career in law and politics would be a great service to the people of Virginia and America, and might be a higher calling. After a year of this reflection, Madison returned to Virginia and won election to local government.

In his role as a county official Madison traveled the area. He inspected the works of government, including the jails. He was surprised to find in jail in Virginia people accused of — gasp! — practicing adult baptism. In fact Baptists and Presbyterians were jailed on occasion, because the Anglican church was the state church of Virginia, and their practicing their faith was against the common law. This troubled Madison greatly, and it directed an important part of his work for the rest of his life. In January of 1774, Madison wrote about it to another prominent Virginian, William Bradford:

“Poverty and Luxury prevail among all sorts: Pride ignorance and Knavery among the Priesthood and Vice and Wickedness among the Laity. This is bad enough. But it is not the worst I have to tell you. That diabolical Hell conceived principle of persecution rages among some and to their eternal infamy the Clergy can furnish their Quota of Imps for such business. This vexes me the most of any thing whatever. There are at this time in the adjacent County not less than 5 or 6 well meaning men in close Gaol for publishing their religious Sentiments which in the main are very orthodox. I have neither patience to hear talk or think of any thing relative to this matter, for I have squabbled and scolded abused and ridiculed so long about it, to so little purpose that I am without common patience. So I leave you to pity me and pray for Liberty of Conscience to revive among us.”

By April, Madison’s views on the matter had been boiled down to the essences, and he wrote Bradford again more bluntly:

“Religious bondage shackles and debilitates the mind and unfits it for every noble enterprise.”

Madison must have done a fine job at his county duties, whatever they were, because in 1776 when Virginia was organizing its government to survive hostilities with England, Madison was elected to the legislative body.

Madison was 25, and still raw in Virginia politics. He was appointed to the committee headed by George Mason to review the laws and charter of the colony. Another who would serve on this committee when he was back from Philadelphia was Thomas Jefferson. George Mason was already a giant in Virginia politics, and by the time Madison got to Williamsburg, Mason had already completed much of the work on a bill of rights to undergird the new Virginia government. Madison noted that freedom of religion was not among the rights enumerated in Mason’s version — but it was too late, Mason said. The work was done.

Madison quietly went to work on Mason, in committee, over dinner, during social occasions — noting the great injustice of jailing people solely because of their beliefs, and urging to Mason that it did Virginia no good to keep these fathers from providing for their families.

Mason ultimately agreed to accept the amendment.

The pattern was set.

Perhaps a better example of this reflection and action cycle occurred nearly a decade later. By 1785 the war was over, independence was won, but the business of government continued. While serving as governor of Virginia, Thomas Jefferson had drafted about 150 proposals for laws, really a blueprint for a free government. About half of these proposals had been passed into law. By 1785, Jefferson was away from Virginia, representing the Confederation of colonies in Paris. Jefferson had provided several laws to disestablish religion in Virginia, and to separate out the functions of church and state. With Jefferson gone, however, his old nemesis Patrick Henry sought to roll back some of that work. Henry proposed to bring back state support for the clergy, for the stated purpose of promoting education. (Yes, this is the same battle we fight today for church and state separation.) After Jefferson’s troubled term as governor, Virginia turned again to Henry – Henry ultimately served six terms as governor. His proposal was set for a quick approval in the Virginia assembly. It was late in the term, and everyone wanted to get home.

Henry was, of course, a thundering orator of great note. Madison was a small man with a nervous speaking style, but a man who knew the issues better than anyone else in almost any room he could be in. Madison came up with an interesting proposal. Picking the religion for the state was serious stuff, he said. A state doesn’t want to pick the wrong religion, and get stuck with the wrong god, surely – and such weighty matters deserve widespread support and discussion, Madison said. His motion to delay Henry’s bill until the next session, in order to let the public know and approve, was agreed to handily.

You probably know the rest of this story. With a year for the state to reflect on the idea, Madison wrote up a petition on the issue, which he called a “Memorial and Remonstrance.” In the petition he laid out 15 reasons why separation of church and state was a superior form of government, concluding that in the previous 1,500 years, every marriage of church and state produced a lazy and corrupt church, and despotic government. Madison’s petition circulated everywhere, and away from Patrick Henry’s thundering orations, the people of Virginia chose Madison’s cool reason.

When the legislature reconvened in 1786, it rejected Henry’s proposal. But Madison’s petition had been so persuasive, the legislature also brought up a proposal Thomas Jefferson had made six years earlier, and passed into law the Virginia Statue for Religious Freedom.

This was a great victory for Madison, and for Virginia. He celebrated by convening a convention to settle disputes between Virginia and Maryland about navigation on the Chesapeake Bay. Having reflected on the nature of this issue — a dispute between colonies — Madison had sought advice from others having the same problems, such as New York and New Jersey. In that effort he got the support of a New Yorker working on the same problems, Alexander Hamilton. In the course of these discussions Madison thought it clear that the difficulty lay with the form of government that bound the colonies together under the Articles of Confederation. Hamilton agreed, and they got their respective states and conferences to agree to meet in Philadelphia in 1787 to try to fix those problems. [Since I first wrote this, I’ve learned that it was George Washington’s desire to get a federal government, to facilitate the settling of the Ohio River Valley where Washington had several thousands of acres to sell, that prompted him to push Madison into the Annapolis Convention, and who made the introduction between Madison and Washington’s old aide and friend, Alexander Hamilton; Madison’s work with Washington runs much deeper than I orignally saw.]

James Madison, 1792 portrait by Charles Wilson Peale, Gilcrease Museum, Tulsa

James Madison, 1792 portrait by Charles Wilson Peale, Gilcrease Museum, Tulsa

Amending the Articles of Confederation was a doomed effort, many thought. The colonies would go their separate ways, no longer bound by the need to hang together against the Parliament of England. Perhaps George Washington could have got a council together to propose a new system, but Washington had stayed out of these debates. Washington’s model for action was the Roman general Cincinnatus, who went from his plow to lead the Romans to victory, then returned to his farm, and finding his plow where he had left it, took it up again.

Madison invited Washington, and persuaded Washington to attend. Washington was elected president of the convention, and in retrospect that election guaranteed that whatever the convention produced, the colonies would pay attention to it.

You know that history, too. The convention quickly decided the Articles of Confederation were beyond repair. Instead, they wrote a new charter for a new form of government. The charter was based in part on Jefferson’s Virginia Plan, with lots of modifications. Because the Constitution resembles so much the blueprint that Jefferson had written, and because Jefferson was a great founder, many Americans believe Jefferson was a guiding light at that Philadelphia convention. It’s often good to reflect that Jefferson was in Paris the entire time. While America remembers the thunder of Washington’s presiding, Franklin’s timely contributions and Jefferson’s ideas, it was Madison who did the heavy lifting, who got Washington and Franklin to attend the meeting Madison had set up, and got Jefferson’s ideas presented and explained.

It was Madison who decided, in late August of 1787, that the convention could not hang together long enough to create a bill of rights, and instead got approval for the basic framework of the U.S. government. In Virginia a few months later, while Patrick Henry thundered against what he described as a power grab by a new government, it was Madison who assembled the coalitions that got the Constitution ratified by the Virginia ratifying convention. And when even Jefferson complained that a constitution was dangerous without a bill of rights, it was Madison who first calmed Jefferson, then promised that one of the first actions of the new government would be a bill of rights. He delivered on that promise as a Member of the House of Representatives in 1789.

It is difficult to appreciate just how deeply insinuated into the creation of America was James Madison. In big ways and small, he made America work. He took the lofty ideas of Jefferson, and made them into laws that are still on the books, unamended and unedited, more than 200 years later.

When the ratification battle was won, when Madison had won election to the House over Patrick Henry’s strong objection, partly by befriending the man Henry had picked to defeat Madison, James Monroe, Madison could have savored the moment and been assured a place in history.

James Madison in 1804, by Gilbert Stuart

James Madison in 1804, by Gilbert Stuart. Colonial Williamsburg Foundation, Williamsburg, Virginia. Gift of Mrs. George S. Robbins

That’s not what a lightning bolt does. Journeying to New York for the opening of the First Congress and the inauguration of Washington as president, Madison stopped off at Mount Vernon to visit with Washington, apparently at Washington’s request. In what was a few hours, really, Madison wrote Washington’s inaugural address. While there at Mount Vernon, Madison stumbled into a discussion by several others on their way to New York, wondering what high honorific to apply to the new president. “Excellency” was winning out over “Your highness,” until Washington turned to Madison for an opinion. Madison said the president should be called, simply, “Mr. President.” We still do.

Once in New York, Madison saw to the organizing of the Congress, then to the organizing of the inauguration. And upon hearing Washington’s inauguration address — which Madison had ghosted, remember — Congress appointed Madison to write the official Congressional response.

Years later, in Washington, Madison engineered the candidacy of Thomas Jefferson for president, and after Jefferson was elected, Madison had the dubious honor as Secretary of State of lending his name to the Supreme Court case that established the Supreme Court as the arbiter of what is Constitutional under our scheme of government, in Marbury v. Madison.

Wherever there was action needed to make this government work, it seemed, there was James Madison providing the spark.

James Madison was the lightning behind the thunder of the founding of America. We should be grateful that he lived when he did, where he did, for we all share the fruits of the freedoms he worked to obtain. And in this Thanksgiving season, let us look for appropriate ways to honor his work.

James Madison circa 1829-1839, portrait by Chester Harding.  National Portrait Gallery

James Madison, 1829, portrait by Chester Harding. National Portrait Gallery. “In 1829, Madison came out of retirement to attend a convention for revising Virginia’s constitution. While there, he posed for this portrait by the Massachusetts painter Chester Harding.”

The Madisonian model of thoughtful reflection leading to action is one that is solidly established in psychological research. It is the model for leadership taught in business schools and military academies.

I would compare religious liberty to a mighty oak tree, under which we might seek shade on a hot summer day, from which we might draw wood for our fires to warm us in winter, or lumber to build great and strong buildings. That big oak we enjoy began its life long before ours. We enjoy its shade because someone earlier planted the seed. We enjoy our freedoms today because of men like James Madison.

How do we give thanks? As we pass around the turkey to our family, our friends, we would do well to reflect on the freedoms we enjoy, and how we got them.

Finally, remembering that someone had to plant those seeds, we need to ask: What seeds must we plant now for those who will come after us? We can demonstrate our being grateful for the actions of those who came before us by giving to those who come after us, something more to be grateful for. A life like Madison’s is a rarity. Improving on the freedoms he gave us might be difficult. Preserving those freedoms seems to me a solemn duty, however. Speaking out to defend those freedoms is an almost-tangible way to thank James Madison, and as fate would have it, there is plenty of material to speak out about. A postcard to your senators and representative giving your reasoned views on the re- introduction of the Istook Amendment might be timely now – with America’s attention turned overseas for a moment, people have adopted Patrick Henry’s tactic of trying to undo religious freedom during the distraction. I have had a lot of fun, and done some good I hope, in our local school system by asking our sons’ science and biology teachers what they plan to teach about evolution. Whatever they nervously answer — and they always nervously answer that question — I tell them that I want them to cover the topic fully and completely, and if they have any opposition to that I would be pleased to lend my name to a suit demanding it be done. We might take a moment of reflection to ponder our views about a proposed Texas “moment of silence” bill to be introduced, and then let our state representatives have our thoughts on the issue.

Do you need inspiration? Turn to James Madison’s writings. In laying out his 15-point defense of religious freedom in 1785, Madison wrote that separation of church and state is essential to our form of government:

“The preservation of a free Government requires not merely, that the metes and bounds which separate each department of power be invariably maintained; but more especially that neither of them be suffered to overleap the great Barrier which defends the rights of the people.”

How can we express our gratitude for such a foundation for religious liberty? Let loose a few lightning bolts, in remembrance of Madison.

Copyright © 2001 and 2006 by Ed Darrell. You may reproduce with attribution. Links added in May 2013.

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Quote of the moment: James Madison, education, or farce and tragedy

August 31, 2013

James Madison Building, Library of Congress -- the official Madison Memorial

James Madison Building of the Library of Congress, the official James Madison Memorial for the nation

A popular Government, without popular information, or the means of acquiring it,
is but a Prologue to a Farce or a Tragedy; or perhaps both.
Knowledge will forever govern ignorance.

And a people who mean to be their own governours,
must arm themselves with the power which knowledge gives.

— James Madison in a letter to W. T. Barry, August 4, 1822

This is an encore post, partly.

Photo of inscription to the left (north) of the main entrance on Independence Ave., of the James Madison Building, Library of Congress, Washington, D.C.

Photo of inscription to the left (north) of the main entrance on Independence Ave., of the James Madison Building, Library of Congress, Washington, D.C.

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Nope, Patrick Henry didn’t say that

April 8, 2013

More misquoting of “the Founders”:

For America misquotes Patrick Henry

For America’s poster featuring a quote falsely claimed to be from Patrick Henry.  The racial right wingers won’t tell you, but the painting is a portrait by George Bagby Matthews c. 1891, after an original by Thomas Sully.

It’s baseball season.  I love a pitch into the wheelhouse.

The radical right-wing political group For America — a sort of latter-day Redneck Panther group — invented this one, and pasted it up on their Facebook site this morning.

You know where this is going, of course.  Patrick Henry didn’t say that.  The poster is a hoax.

Your Hemingway [Excrement] Detector probably clanged as soon as you pulled the poster up.  Patrick Henry was a powerful opponent to the Constitution.

Opposed to the Constitution?  Oh, yes.  It helps to know a bit of history.

Henry was at best suspicious of the drive to get a working, central government after the Treaty of Paris ended the American Revolution. While George Washington needed an interstate authority, at least to resolve disputes between the states, in order to create a commercial entity to build a path into the Ohio Valley, Henry was opposed.  To be sure, Washington was scheming a bit, with his dreaming:  Washington held title to more than 15,000 acres of land in the Ohio Valley, his fee for having surveyed the land for Lord Fairfax many years earlier.  Washington stood to get wealthy from the sale of the land — if a path into and out of the Ohio could be devised.  Washington struggled for years to get a canal through — seen today in the remains of the Chesapeake and Ohio Canal from Washington, D.C., up along the Potomac River.

Henry was so opposed to the states’ working together that he refused to notify Virginia’s commissioners appointed to a commission to settle the fishing and title dispute to the Chesapeake Bay, between Maryland and Virginia especially, and including Delaware.  When Maryland’s commissioners showed up in Fairfax for the first round of negotiations, they could not find the Virginia commissioners at all.  So they called on Gen. Washington at his Mt. Vernon estate (as about a thousand people a year did in those years).  Washington recognized immediately how this collaboration could aid getting a path through Maryland to the Ohio.

Perplexed at the abject failure of Virginia’s government, Washington dispatched messages to the Virginia commissioners, including a young man Washington did not know, James Madison.  Washington was shocked and disappointed to learn the Virginians did not know they had been appointed.  He suggested the Marylanders return home, and immediately began working with Madison to make the commission work.  When this group settled the Chesapeake Bay boundaries and fishing issues, and Washington’s war aide Alexander Hamilton was entangled in a separate but similar dispute between New York and New Jersey over New York Harbor, Washington introduced Hamilton and Madison to each other, and suggested they broaden their work.  Ultimately this effort produced the Annapolis Convention among five colonies, which called for a convention to amend the Articles of Confederation.  The Second Continental Congress agreed to the proposal.

When the delegates met at Philadelphia, they determined the Articles of Confederation irreparably flawed.  Instead, they wrote what we now know as the Constitution.

Patrick Henry opposed each step.  Appointed delegate to the Philadelphia Convention in 1787, he refused to serve.  Instead, he was elected Governor of Virginia, and proceeded to organize opposition to ratification of the Constitution.  Madison’s unique ratification process, sending the Constitution to conventions of the people in each state, instead of to the state legislatures, was designed to get around Henry’s having locked up opposition to ratification in the Virginia Assembly.

Henry led opposition to ratification at the Virginia convention.  Outflanked by Madison, Henry was enraged by Virginia’s ratification.  Virginia had called for the addition of a bill of rights to the document, and the ratification campaign was carried partly on Madison’s promise that he would propose a bill of rights as amendments, as soon as the new federal government got up and running.  Henry sought to thwart Madison, blocking Madison’s appointment as U.S. senator, in the state legislature.  When Madison fell back to run for the House of Representatives, Henry found the best candidate to oppose Madison in the Tidewater area and threw all his support behind that candidate. (James Monroe was that candidate; in one of the more fitting ironies of history, during the campaign Monroe was persuaded to Madison’s side; Madison won the election, and the lifelong friendship and help of Monroe.)

When the new federal government organized, Henry refused George Washington’s invitation to join it in any capacity.  Henry continued to oppose the Constitution and its government to his death.

Consequently, it is extremely unlikely Henry would have ever suggested that the Constitution was a useful tool in any way, especially as a defense of freedom; Henry saw the Constitution as a threat to freedom.

There are good records of some of the things Henry really did say about the Constitution.  Henry regarded the Constitution as tyranny, and said exactly that in his speech against the Constitution on June 5, 1788:

It is said eight states have adopted this plan. I declare that if twelve states and a half had adopted it, I would, with manly firmness, and in spite of an erring world, reject it. You are not to inquire how your trade may be increased, nor how you are to become a great and powerful people, but how your liberties can be secured; for liberty ought to be the direct end of your government.

In the same speech, Henry challenged the right of the people even to consider creating  a Constitution:

The assent of the people, in their collective capacity, is not necessary to the formation of a federal government. The people have no right to enter into leagues, alliances, or confederations; they are not the proper agents for this purpose. States and foreign powers are the only proper agents for this kind of government.

Probably diving into hyperbole, Henry portrayed the Constitution itself as a threat to liberty, not a protection from government:

When I thus profess myself an advocate for the liberty of the people, I shall be told I am a designing man, that I am to be a great man, that I am to be a demagogue; and many similar illiberal insinuations will be thrown out: but, sir, conscious rectitude outweighs those things with me.

I see great jeopardy in this new government. I see none from our present one. I hope some gentleman or other will bring forth, in full array, those dangers, if there be any, that we may see and touch them.

Anyone familiar with the history, with the story of Patrick Henry and the conflicting, often perpendicular story of the creation of the Constitution, would be alarmed at a quote in which Henry appears to claim the Constitution a protector of rights of citizens — it’s absolutely contrary to almost everything he ever said.

Perhaps most ironic, for our right-wing friends:  The quote on the poster above was invented as a defense against abuses of the Constitution by the right.  Wikiquote tracked it back to its invention:

The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government — lest it come to dominate our lives and interests.

  • As quoted in The Best Liberal Quotes Ever : Why the Left is Right (2004) by William P. Martin. Though widely attributed to Henry, this statement has not been sourced to any document before the 1990s and appears to be at odds with his beliefs as a strong opponent of the adoption of the US Constitution.

“History?” For America might say. “We don’t got no history. We don’t NEED NO STINKIN’ HISTORY!”

And so they trip merrily down the path to authoritarian dictatorship, denying their direction every step of the way to their ultimate end.

The rest of us can study history, and discover the truth.

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“Return to Madison,” urges James Madison U president on the great man’s birthday

March 22, 2013

What would Madison do?

James Madison’s work, not only on the Constitution, but on making the Constitution and new government work, and on creating the foundation pilings for that Constitution and society, should make his words and ideas key points of study for us, and his principles should be our guiding principles much more than they are today.

Madison is the forgotten founder, I’ve argued.

JMU President J. R. Alger and others present wreaths at tomb of James Madison, March 16, 2013 (Madison's birthday)

JMU press release caption: JMU President Jon Alger, second from left, presents a wreath at the tomb of President James Madison in honor of his 262nd birthday.

James Madison University President Jon Alger spoke at the ceremonies honoring Madison’s birthday last Saturday, March 16, at Madison’s mountain home, Montpelier, Virginia (a few miles from Jefferson’s Monticello).  In his speech, Alger urged a return to civility in discussion of politics, a return to focus on important ideas and the processes by which we discuss them, and make decisions in our national government.

Alger’s remarks deserve a much wider audience, I think.  I asked JMU for a copy, and they pointed to the university’s website where the entire speech is posted.  I repost it here.  Please spread the word.

Jon Alger’s Montpelier remarks

President Jonathan R. Alger
James Madison University
Remarks on the Occasion of James Madison’s 262nd Birthday
March 16, 2013
at James Madison’s Gravesite, Montpelier
Orange, Virginia
(Remarks interrupted by rain)

Good afternoon.  Honored guests, members of the Montpelier Board of Directors, President Imhoff and Montpelier staff, members of the James Madison University Board of Visitors, faculty, students and alumni, family, friends and fellow Madison enthusiasts, it is my great honor to speak at this hallowed place.  On this day 262 years ago, James Madison was born.  Perhaps more so than any other president or founder, James Madison is responsible for the creation and miraculous endurance of our republic.  Known as the Father of the U.S. Constitution, James Madison’s contributions to our nation should be remembered by every American.  The sacred fire of liberty lit by Madison’s ideas burns to this day and draws us here to honor him.

I came to Montpelier for the first time only a few months ago.  As a great admirer of James Madison, to me the trip here felt like a pilgrimage.  When the mansion first came into view as we made our way up the long sweeping drive, I was struck by the majesty of the moment—as we feel when in the presence of greatness.  During that visit, Montpelier board president Greg May invited me to speak at this annual event as we strode down a pathway that Madison himself must have walked many times.  I could not have been more honored.

Indeed, this is a dream come true for me.  As a political science major and history minor in college, I read many of the same texts Madison himself studied—as well as some of Madison’s own work.  Even as a young child, I admired the creative genius of our forefathers.  While other kids had stuffed animals or model airplanes displayed in their bedrooms, on my dresser I proudly exhibited a set of small ceramic statues of the American presidents.  I like to root for underdogs and was always partial to Madison, because his was the shortest statue.  Today his picture hangs proudly in my office.

As many of you know, Montpelier and James Madison University have long had a special bond.  It began when Dr. Clarence Geier, an archaeologist at Madison, arranged an archaeology field school here at Montpelier more than 25 years ago.  Our students and faculty have been coming to Montpelier ever since and have participated in digs all across the grounds. (Except for right here, of course.  They are not allowed to dig in this particular area.  You never know with undergraduates!)

From then the relationship between our two institutions has blossomed.  This past November a bus containing JMU faculty, staff and me – as well as my wife Mary Ann and daughter Eleanor – came here to spend a day brainstorming with the Montpelier leadership and staff on ways to deepen our relationship even further. The primary objective of this deeper relationship is to bring more attention to James Madison and his ideas.  This objective reflects the missions of our two great institutions, but it must go beyond those gathered here today.  As a nation, we are in great need of what I will call a Return to Madison.

It is true that, during the past few years, more and more American citizens are professing respect for the U.S. Constitution.  The document was read on the floor of the U.S. House of Representatives for only the second time in history this past January.  In fact, Representative Bob Goodlatte of Virginia’s Sixth District – JMU’s district – opened the reading with a delivery of the document’s Preamble.  That’s a good start, but as a nation we must go much further.  For this newfound reverence toward the U.S. Constitution to elevate us as a nation, we must explore and gain a deeper understanding of the principles on which the U.S. Constitution is based.  We must Return to Madison.

Now, by suggesting this return, I don’t mean that we become a nation of history buffs (although that would be OK with me).  Rather, a Return to Madison would provide us with very real and practical insights into how we as a society should confront issues facing us all.

Starting with a realistic view of human nature, Madison believed that politics was driven by “interest,” not by “virtue.”  In his excellent work, The Sacred Fire of Liberty, Madison scholar Lance Banning captured this core principle.  He wrote, “Madison did not assume that a republic could depend upon a superhuman readiness to sacrifice self-interest to the common good. Taking humans for the interested, opinionated creatures they are, Madison asserted that in a pluralistic, large republic, partial interests would be counterbalanced by competing interests.”

This was not new political thinking, of course.  During the 16th century in Florence, Machiavelli (whose work was more nuanced than is often remembered today) explored what he called the “effectual truth” of politics.  In other words, as Paul Rahe writes in his book, Machiavelli’s Liberal Republican Legacy, “[I]n order to avoid their ruin and achieve their preservation, men should govern themselves in accordance with how they do behave rather than in the distorting light of how they ought to.”

So Madison’s great innovation was to devise a system of government that sought to create political and civic conditions allowing the interests of individual citizens, groups, regions and other entities to balance one another so that no one of them could overtake the rest.  He recognized that we would be a society with diverse perspectives and experiences, and that we needed a structure to allow that diversity to flourish.

Today – while publicly professing faith in the Constitution as a document – we seem to have forgotten this essential element.  Far too often, our public discourse on the important challenges of our time degenerates into shallow shouting matches and name-calling in which we cry for the elimination of opposing views on political, social, economic and cultural issues. The people we despise across the political aisle, the fools on the television spouting their ridiculously wrongheaded opinions, the heathens who believe in a different god than we do – we not only hold them in utter contempt, we behave as if we want their ideas extinguished.  And if they were extinguished – oh, if only they were extinguished – we believe the world would be a better place.  If only we all agreed on everything – wouldn’t that be great!  Yet we must be careful what we wish for.  If that kind of wish were to come true, not only would our lives be much more boring—but our society would stop progressing and stagnate.

A Return to Madison would shine a light on the fact that the strength of our republic relies on the existence of opposing ideas and perspectives.  Voices who advocate for Wall Street and others who focus on Main Street?  They need each other.  Republicans and Democrats need each other.  Without the diversity of ideas and opinions, our civic balance would tilt and our system eventually would topple.  The great man we honor today knew this was true.  We as a society need to embrace this notion and continue debating the important issues of the day, but with reason and civility—not with hatred and hopes for total domination.  We need each other.  And I believe that spreading the understanding that our great Constitution is based squarely on this principle could lead to greater social harmony.  Boy, do we need a Return to Madison.

Madison’s Federalist 10 is recognized the world over as one of the great examples of political thought in history.  You might remember that Madison published the Federalist with Alexander Hamilton and John Jay in newspapers while the states were considering whether to ratify the proposed Constitution.  Of these 85 essays, Madison’s 10th is widely considered to be one of the best, and it’s about balancing competing interests.  I love it for the philosophy it expresses, but also because it contains one of his most elegant turns of a phrase.  If you’ve read much Madison, you know that his writing can be (to be honest) dense and elliptical.  He is not often quoted in today’s sound-bite culture.  But in the Federalist 10 he wrote, “liberty is to faction what air is to fire…”  Think about that for a moment.  “Liberty is to faction, what air is to fire…”  Madison was making the point that liberty creates a nourishing environment for faction.  At the time, great fear existed that too much liberty could lead to dangerous factions emerging.  Madison was resolute, however, and he completes the idea by writing, “But it could not be a less folly to abolish liberty, which is essential to political life, because it nourishes faction, than it would be to wish the annihilation of air, which is essential to animal life, because it imparts to fire its destructive agency.”

Madison is saying that even though liberty allows faction to thrive, it should not be curtailed.  He goes on to observe, “As long as the reason of man continues fallible, and he is at liberty to exercise it, different opinions will be formed.”

Thus even as Madison advocated for liberty despite its dangers, he was sure to remind his Federalist readers that man’s passionately held views are imperfect.  Therefore, if we claim to respect our Constitution and if we understand this fundamental premise, we have a responsibility to change the tone of much of our civic dialogue.  Now, to be clear, I am not arguing that we should hold our views any less dear.  Passion leads great people to act. And I am not suggesting that we all adopt a relativist perspective – right and wrong do exist.  As enlightened as Madison and his colleagues were for their time on so many issues, for example, even they were unable to come to grips with the tragic injustice of slavery

If Madison were here today, however, I believe he would remind us of our human limitations when we encounter and react to opinions that differ from our own.  We can all benefit from trying to listen to and understand the views of others with civility and respect, even as we hold and espouse our own cherished points of view.  As the president of the university named for James Madison, I feel strongly that our institution of higher education can best honor his legacy by embracing the diversity of perspectives and backgrounds in our society, while fostering and modeling civil and respectful discourse on the great issues of our time.  That is part of the reason why I began my own presidency with a “Listening Tour” to hear, and learn from, the richly diverse voices and opinions of our university community.

In my inaugural address yesterday at the university, I called for James Madison University to be the national model for the engaged university—an institution that combines a commitment to teaching and learning with a conviction that all humans are interconnected.  This combination embodies James Madison’s ideals.  If we enlighten ourselves through education and believe that we all are connected – even with those with whom we might passionately disagree – we honor Madison.  I intend for this idea to be a hallmark of my administration at JMU.

Another hallmark will be to continue deepening the relationship between the university and Montpelier.  Some of the ideas generated during our visit here in November already are taking shape.  For instance, staff in our department of History and our Adult Degree Program are working with faculty here in the Center for the Constitution to create a course about James Madison and his ideas that includes online and in-person instruction, as well as visits here. The course will be available to JMU students and the general public.  As we celebrated Madison Week on our campus these past few days, Montpelier has honored our university by loaning us several artifacts from its own collection.  These exchanges are reminders of the man to whom we owe so much.  Our educational initiatives can go a long way to motivate those who profess their faith in the U.S. Constitution to deepen their understanding of its underlying principles, and thus inspire a Return to Madison.

Let me share with you a personal story of my own heightened sense of Madison’s, and Montpelier’s, significance.  While inside the house, I was surprised by how moved I was when I sat in the modest room that is believed to be Madison’s study.  The thought that I was in the very room where James Madison read Machiavelli and Locke and Montesquieu and all the others; the room where he synthesized thousands of years of thinking into a framework for our most important founding document; the room looking west toward unsettled lands of great promise; the room in which James Madison addressed civilization’s most intractable problem – how to govern ourselves – I was filled with a sense of wonder and awe.

Yet another way in which the university will connect with Montpelier and its legacy will be to honor the memory of Dolley Madison, the great woman buried beside our 4th President.  Dolley was herself an intellectual and social force who played a profound leadership role by convening people of different backgrounds for civil discourse.  In fact, Yale University historian Catherine Allgor wrote, “Dolley’s assumption that compromise would be the salvation of the system marks her as one of the most sophisticated politicians of her time.”  Through a new initiative called Women for Madison, our university will celebrate the vital role women play in leadership and cultivating a culture of philanthropy.

Finally, as an advocate of education and an ardent student himself, I believe Madison would have enjoyed meeting today’s students who benefit from his legacy in this free and civil society.  I wonder how he would have felt meeting students attending the university named for him. We have several with us today – can you come and join me here?

As many of you know, JMU has a robust study abroad program. I will tour several of our study abroad programs this summer for the first time as president, and my second stop will be Florence, the great city where republican thought reemerged during the 16th century.  Machiavelli was the most influential Florentine political thinker of that time, and his work influenced Madison greatly.  In fact, Machiavelli appears in one of James Madison’s adolescent “commonplace” books.  A commonplace book was like an academic diary.  Students during the era when Madison grew up dutifully filled their commonplace books with notes, quotations and poetry.

Students of our era – such as these fine students – and I will visit Machiavelli’s gravesite at the Basilica di Santa Croce in central Florence this summer. We will take with us the moving experience of being here at James Madison’s gravesite, and reflect on the republican ideal with which both men—and so many other people throughout history—have grappled.  It is quite fitting that students attending a university named for James Madison make this journey, connect these two places and contemplate their meaning.

With this symbolic gesture, we hope to inspire all the students of James Madison University, the visitors to James Madison’s Montpelier and all who bear witness, to Return to Madison.  Let’s go from this ceremony with a renewed sense of our roles as citizens, and of the power we have to live the ideals James Madison handed down to us through the ages.  Thank you

Who in Congress listens?  Who in media and commentary listens?  Who in the academic life listens?

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Fireworks at James Madison U, at inauguration of President Jonathan R. Alger

Fireworks over James Madison University, on the inauguration of new University President Jonathan R. Alger, in early March 2013. Despite the somewhat tenuous links to this post, I like the photograph. Image from JMU’s UBeTheChange blog.


Madison’s birthday celebration at Montpelier

March 21, 2013

At the Belle Grove Bed and Breakfast blog we get a nice report and lots of photos from the James Madison birthday celebration last Saturday at Montpelier, Madison’s mountain retreat and home in Virginia.

Wreaths at James Madison's grave on his birthday, March 16, 2013

Wreaths in honor of James Madison’s birthday, March 16, 2013, at his grave site at Montpelier, Virginia. Photos by Michelle and Brett Darnell, Belle Grove Plantation B&B

Best report I’ve seen — go over there and give it a read and view.

James Madison U President James Alger,

James Alger, President of James Madison University, delivered an address, “Return to James Madison.” Montpelier CEO Kat Imhof sits to his immediate right. Photos by the Darnells

James Madison University’s President Jonathan Alger delivered an address, “Return to Madison.”  I’m hoping someone still has a copy in electronic form that we can get hold of.

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15 May 2011Montpelier, VirginiaThrough a basem...

View from a basement window at James Madison’s Montpelier near Barboursville, Virginia, storm clouds clear and the Blue Ridge Mountains come into view (2011) (Photo by gsputrich)


March 16, Freedoms Day – How to celebrate James Madison?

March 16, 2013

March 16 falls on Saturday this year, so celebrations of James Madison, who was born on March 16, 1751, will get lumped into the “something else to do” during Saturday errands, category.

March 16 is not a holiday.  It’s not even a Flag Flying Day (though, if you left your flag up for March 15th’s anniversary of Maine’s statehood . . . no one would notice).

Secretary of State James Madison, who won Marb...

Secretary of State James Madison, who won Marbury v. Madison, but lost Judicial review. Photo: Wikipedia

Should we leave James Madison out of our celebrations of history with such vengeance?

Madison left a great legacy.  The question is, how to honor it, and him?

  • Madison is known popularly, especially for elementary school history studies (the few that are done anymore), as the Father of the Constitution.  It’s fitting:  Madison engaged in a great, good conspiracy with George Washington and Alexander Hamilton to get the convention to “amend” the Articles of Confederation and create a better, probably stronger, national government.  But Washington stayed behind the scenes, and pulled very few strings Madison didn’t tell him to pull. Hamilton’s support from New York was weak; while Hamilton played a hugely important role in getting the convention called, and in getting New York to ratify the Constitution with the creation of the Federalist Papers project, the day-to-day operation of the convention and direction of the political forces to make it work, fell to Madison.
  • Madison’s notes on the Philadelphia convention give us the best record of the then-secret proceedings. 

    English: James Madison, fourth president of th...

    Notice the error in this caption:  “James Madison, fourth president of the United States wrote the Constitution at his estate near Orange Virginia, called Montpelier. Pictured here after an extensive renovation.” Photo from Wikipedia.  (James Madison didn’t write the Constitution; it was hammered out in Philadelphia, not Montpelier; the patriot and rake Gouverneur Morris wrote out the final draft.)

  • Madison devised the scheme of getting conventions to ratify the Constitution, instead of colonial/state legislatures.  He had Patrick Henry in mind.  Henry opposed any centralized government for the colonies, to the point that he refused to attend the Philadelphia convention when he was appointed a delegate; by the end of the convention, Henry was off to another term as governor where he hoped to orchestrate the defeat of ratification of the constitution in the Virginia legislature.  Madison circumvented that path, but Henry still threw up every hurdle he could.  (Henry organized the anti-federalist forces in the Virginia Convention, and hoping to kill the Constitution, called it fatally flawed for having no bill of rights; when Madison’s organizing outflanked him, especially with a promised to get a bill of rights in the First Congress, Henry blocked Madison’s election to the U.S. Senate, and organized forces to stop his popular election to the U.S. House.  That failed, ultimately, and Madison pushed the legislative package that became the Bill of Rights).
  • Andrew Hamilton started writing a series of newspaper columns, with John Jay, to urge New York to ratify of the Constitution; but after Jay was beaten nearly to death by an anti-federalist mob, Hamilton invited Madison to step in and help.  Madison ended up writing more than Hamilton and Jay put together, in that collection now known as The Federalist Papers.
  • Madison backed down George Mason, and got the great defender of citizens’ rights to add religious freedom to the Virginia Bill of Rights, in 1776.  Religious freedom and freedom of conscience became a life-long crusade for Madison, perhaps moreso than for Thomas Jefferson.
  • A sort of protege of Thomas Jefferson, Madison pushed much of Jefferson’s democratic and bureaucratic reforms through the Virginia legislature, into law.  Especially, it was Madison who stoppped Patrick Henry’s plan to have Virginia put preachers on the payroll, and instead pass Jefferson’s Statute for Religious Freedom into law in 1786.
  • Madison wrote the best defense of American religious freedom in the Memorial and Remonstrance, a petition to the Virginia legislature to get Jefferson’s bill passed.
  • Madison sponsored and passed more Constitutional Amendments than anyone else in history.  We have 27 amendments to our Constitution.  Madison pushed through the first 10, now known as the Bill of Rights.  In the original package proposed out of Congress were a dozen amendments.  One of those became salient again in the late 20th century, and was finally ratified in 1992 — the 27th Amendment.  Madison is the author of 11 of the 27 amendments, including the first ten and the last one.
  • Yeah, James Madison was the defendant in Marbury v. Madison; he made history even when he didn’t do anything
  • Madison is the only president to face enemy gunfire while president, commanding troops on the frontlines during the British invasion of Washington in 1814.
  • Madison took over the creation of the University of Virginia when Jefferson’s death prevented his following through.
  • Madison’s record as an effective, law-passing legislator is rivaled only by Lyndon Johnson among the 43 people we’ve had as president.  Both were masters at get stuff done.
  • Madison is the ultimate go-to-guy for a partner.  In his lifetime, to the great benefit of his partners, he collaborated with George Washington to get the convention in Philadelphia; he collaborated with Ben Franklin to get Washington to be president of the Philadelphia convention, without which it could not have succeeded; he collaborated with Hamilton on the Constitution and again on the Federalist papers; he collaborated with Jefferson to secure religious freedom in 1776, 1786, and 1789; Madison collaborated with Jefferson to establish our party political system (perhaps somewhat unintentionally), and to get Jefferson elected president; Madison collaborated with Jefferson and Jay to make the Louisiana Purchase; Madison took James Monroe out of the Patrick Henry camp, and brought Monroe along to be a great federalist democrat, appointing Monroe Secretary of State in Madison’s administration, and then pushing Monroe to succeed him as president.  Also, Madison was a prize student of the great John Witherspoon at what is now Princeton; Witherspoon took Madison, studying for the clergy, and convinced him God had a greater calling for him than merely to a pulpit.

As the ultimate Second Man — when he wasn’t the First Man — Madison’s role in history should not be downplayed, not forgotten.

March 16 is Madison’s birthday (“new style”).

What would be fitting ways to celebrate Madison’s life and accomplishments, on his birthday?  Nothing done so far in the history of the Republic adequately honors this man and his accomplishments, nor begins to acknowledge the great debt every free person owes to his work.

(Dolley Madison?  There are two topics for other, lengthy discussions — one on their marriage, and how they worked together; one on Dolley, a power in her own right.)

Previously, at Millard Fillmore’s Bathtub:

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