James Madison has introduced a series of …
Years: 1789 - 1789
July
James Madison has introduced a series of Constitutional amendments in the House of Representatives for consideration.
Among his proposals is one that would have added introductory language stressing natural rights to the preamble.
Another would apply parts of the Bill of Rights to the states as well as the federal government.
Several seek to protect individual personal rights by limiting various Constitutional powers of Congress.
Like Washington, Madison urges Congress to keep the revision to the Constitution "a moderate one", limited to protecting individual rights.
Madison is deeply read in the history of government and uses a range of sources in composing the amendments.
The English Magna Carta of 1215 inspires the right to petition and to trial by jury, for example, while the English Bill of Rights of 1689 provides an early precedent for the right to keep and bear arms (although this applies only to Protestants) and prohibits cruel and unusual punishment.
The greatest influence on Madison's text, however, are existing state constitutions.
Many of his amendments, including his proposed new preamble, are based on the Virginia Declaration of Rights drafted by Anti-Federalist George Mason in 1776.
To reduce future opposition to ratification, Madison also looks for recommendations shared by many states.
He does provide one, however, that no state has requested: "No state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases."
He has not included an amendment that every state has asked for, one that would have made tax assessments voluntary instead of contributions.
Among his proposals is one that would have added introductory language stressing natural rights to the preamble.
Another would apply parts of the Bill of Rights to the states as well as the federal government.
Several seek to protect individual personal rights by limiting various Constitutional powers of Congress.
Like Washington, Madison urges Congress to keep the revision to the Constitution "a moderate one", limited to protecting individual rights.
Madison is deeply read in the history of government and uses a range of sources in composing the amendments.
The English Magna Carta of 1215 inspires the right to petition and to trial by jury, for example, while the English Bill of Rights of 1689 provides an early precedent for the right to keep and bear arms (although this applies only to Protestants) and prohibits cruel and unusual punishment.
The greatest influence on Madison's text, however, are existing state constitutions.
Many of his amendments, including his proposed new preamble, are based on the Virginia Declaration of Rights drafted by Anti-Federalist George Mason in 1776.
To reduce future opposition to ratification, Madison also looks for recommendations shared by many states.
He does provide one, however, that no state has requested: "No state shall violate the equal rights of conscience, or the freedom of the press, or the trial by jury in criminal cases."
He has not included an amendment that every state has asked for, one that would have made tax assessments voluntary instead of contributions.
