James Madison: A Testament of Time

James Madison didn't originate the idea of checks and balances for limiting government power, but he helped push it farther than anyone else before or since. Previous political thinkers, citing British experience, had talked about checks and balances with a monarch in the mix, but Madison helped apply the principle to a republic. Contrary to such respected thinkers as Baron de Montesquieu, Madison insisted checks and balances could help protect liberty in a large republic.

Madison, incredibly, insisted that to be legitimate, a government must coerce people. "A sanction is essential to the idea of law, as coercion is to that of Government," he wrote in his paper Vices of the Political System of the United States (April 1787). The Confederation, he continued, "being destitute of both, wants the great vital principles of a Political Constitution. Under the form of such a constitution, it is in fact nothing more than a treaty of amity of commerce and alliance, between independent and Sovereign States." Madison called the lack of coercion "a fatal omission" in the Confederation.

On February 21, 1787, Madison and Alexander Hamilton, Washington's former assistant who believed passionately in a powerful central government, persuaded Congress to name delegates who would revise the Articles of Confederation.

Madison arrived in Philadelphia May 3, 1787. He was to be among 55 delegates from 12 states (Rhode Island refused to send delegates). The delegates included attorneys, merchants, physicians, and plantation owners. Thirty-nine delegates had served in the Continental Congress, and they were inclined to seek more power than permitted by the Articles of Confederation.

The Constitution attempted to limit the power of central government through intricate checks and balances. A key principle was separation of powers: those who make laws, enforce laws, and interpret laws should be substantially independent and capable of limiting each other's power. The two houses of Congress provide a check on each other. The President can veto legislation, but he can be overruled by a two-thirds majority in both houses. The judiciary can strike down laws considered unconstitutional. Proposed amendments become part of the Constitution when approved by two-thirds of Congress and by legislatures in three-quarters of the states.

Yet the Constitution did establish unprecedented government power in America. The Constitution authorized federal taxes which never existed before. It gave the federal government power to overrule elected state and local officials who were closer to the people. Control over larger territory increased the temptation for U.S. presidents to become entangled in foreign wars, which had the consequence of further expanding federal power. There's some irony here, since many people supported the Constitution because of dissatisfaction with high inflation, high taxes, and other economic consequences of the Revolutionary War.

Because the Constitution proposed to expand government power, there was substantial opposition, spearheaded by the so- called "Antifederalists." They included New York governor George Clinton, Revolutionary War organizer Samuel Adams, and Virginians George Mason and Patrick Henry. Respected pro-Constitution historians Samuel Eliot Morison, Henry Steele Commager, and William E. Leuchtenburg admitted "There is little doubt that the Antifederalists would have won a Gallup poll."

The Antifederalists presented a wide range of often conflicting points against the Constitution. Most important: the lack of a Bill of Rights. Madison considered bills of rights to be mere "parchment barriers" which an oppressive majority could easily ignore. He was convinced that liberty would be best protected in a large republic with many competing interests, where it would be difficult for a single one to oppress the others.

Madison became nearly as radical as Jefferson. Both men praised Thomas Paine's The Rights of Man (1791), a clarion call for liberty which alarmed the Federalists. Hamilton unleashed nasty attacks against Jefferson in Philadelphia newspapers, and Madison together with James Monroe wrote counterattacks. Madison denounced Hamilton's view that the President should have considerable discretionary power to conduct foreign policy, even if it undermines Congressional