Happy Birthday James Madison! - Born March 16, 1751 - the "father of the Constitution" had plenty to say about the system he was so influential in creating - and how to enforce it when the government gets out of line. Here are 12 great quotes...

James Madison - The Influential Father Of United States Constitution

Published: March 16, 2024 - By Michael Boldin

While James Madison is known by most people as the "Father of the Constitution" few are aware of most of his actual views about the constitution he was so influential in creating - and how to enforce it when the government gets out of line.

With that in mind, here are 12 of his top quotes - many of which you are probably familiar with, but hidden gems for almost everyone else.

A quick caveat - each quote could easily require a full deep dive discussion, so following this list, you will find a set of podcast episodes - each with its own set of reference links - for you to read, watch, listen - and learn more.

Delegated and Reserved

"The powers delegated by the proposed constitution to the federal government, are few and defined. Those which are to remain in the state governments are numerous and indefinite.

The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will for the most part be connected. The powers reserved to the several states will extend to all the objects, which, in the ordinary course of affairs, concern the lives, liberties and properties of the people; and the internal order, improvement and prosperity of the state."

3 Big Clauses

On general Welfare, "It would be absurd to say that Congress may do what they please."

"In fact, the meaning of the general terms in question must either be sought in the subsequent enumerations which limits and details them, or they convert the government from one limited as hitherto supposed, to the enumerated powers, into a government without any limits at all."

On commerce, "it is very certain that it grew out of the abuse* of the power by the importing States, in taxing the non-importing; and was intended as a negative & preventive provision angst. injustice among the States themselves; rather than as a power to be used for the positive purposes of the General Govt"

On necessary and proper, "Whatever meaning this clause may have, none can be admitted that would give an unlimited discretion to Congress.

Its meaning must, according to the natural and obvious force of the terms and the context, be limited to means necessary to the end and incident to the nature of the specified powers.

The clause is in fact merely declaratory of what would have resulted by unavoidable implication, as the appropriate, and as it were, technical means of executing those powers. In this sense it had been explained by the friends of the Constitution and ratified by the state conventions."

Originalism

"I entirely concur in the propriety of resorting to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is the legitimate Constitution.

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If the meaning of the text be sought in the changeable meaning of the words composing it, it is evident that the shape and attributes of the Government must partake of the changes to which the words and phrases of all living languages are constantly subject. What a metamorphosis would be produced in the code of law if all its ancient phraseology were to be taken in its modern sense."

Most Wisdom

"In no part of the constitution is more wisdom to be found than in the clause which confides the question of war or peace to the legislature, and not to the executive department."

Parchment Barriers Constitutions don't enforce themselves

"Will it be sufficient to mark, with precision, the boundaries of these departments, in the constitution of the government, and to trust to these parchment barriers against the encroaching spirit of power? This is the security which appears to have been principally relied on by the compilers of most of the American constitutions. But experience assures us, that the efficacy of the provision has been greatly overrated; and that some more adequate defense is indispensably necessary for the more feeble, against the more powerful, members of the government.

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a mere demarcation on parchment of the constitutional limits of the several departments, is not a sufficient guard against those encroachments which lead to a tyrannical concentration of all the powers of government in the same hands."

Who Decides?

"The constitution of the United States was formed by the sanction of the states, given by each in its sovereign capacity.

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The states then being the parties to the constitutional compact, and in their sovereign capacity, it follows of necessity, that there can be no tribunal above their authority, to decide in the last resort, whether the compact made by them be violated"

In this context, Madison described states as "the people composing those political societies, in their highest sovereign capacity."

Duty-Bound

"In case of a deliberate, palpable and dangerous exercise of other powers not granted by the said compact, the states who are parties there-to have the right, and are in duty bound, to interpose for arresting the pro⟨gress⟩ of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them."

Refuse to Comply

To defeat federal programs, without going to the federal government to limit itself, states and individuals should use a "refusal to cooperate with officers of the Union."

Nullification

"The right of nullification meant by Mr. Jefferson is the natural right, which all admit to be a remedy against insupportable oppression."

Tenth Amendment

"The powers not given to the government were withheld from it; and that, if any doubt could have existed on this subject, under the original text of the Constitution, it is removed, as far as words could remove it, by the 12th amendment, now a part of the Constitution, which expressly declares, "that the powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people."

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