James Madison's Montpelier We The People Spring 2018 WTP_Spring_2018_FINAL_web | Page 16

WE THE PEOPLE In his most recent book, A Politician Thinking: The Creative Mind of James Madison, Rakove treats Madison as a working politician and statesman who also possessed an acute capacity for reflecting on the dynamic character of the revolutionary experiment in republican government. We asked Rakove if he could distill his thinking on Madison to a few simple statements that accurately reflected his impact. “Madison drew important lessons from the experience of getting Jefferson’s Bill for Religious Freedom enacted in 1786. It directly supported the famous arguments of his two great essays, Federalist 10 and 51. The best security for civil liberty in a republic would follow the best security for religious freedom: a multiplicity of interests or religious sects.” What was Madison’s most fundamental contribution to our system of government? When we call Madison “The Father of the Constitution,” what are we honoring? JR: “First and foremost, I think it was the way JR: “I would start with Madison’s first political he set the agenda for the Federal Convention. commitment, his broad support for individual Madison imagined a national government that religious freedom. That illustrated and shaped his would act, not through the states, which was approach to the fundamental problem of how one the case under the Articles of Confederation, would protect rights in a republican government. but directly on the population The real problem of rights in by law. That is his definitive a republic was not to protect “Madison imagined a national contribution to the whole ethos the people as a whole against government that would act, of American constitutionalism.” the concentrated power of government, but rather to protect not through the states, which individuals and minorities against was the case under the Why does everybody always cite factious majorities, working Articles of Confederation, but Federalist 10 and Federalist 51 through the legislature. This point as Madison’s most important directly on the population seems so obvious to us today that writing? it is difficult for us to grasp the by law. That is his definitive JR: “Those essays are the first novelty of Madison’s position.” contribution to the whole ethos main source for Madison’s “Both Madison and Jefferson of American constitutionalism.” distinctive contribution to the owed a lot to John Locke —Jack Rakove political thought of his era. He philosophically. But these two argues that the larger the republic, friends and allies also recognized the harder it will be for any that the American situation had diverged from factious majority to dominate. As I noted before, the English model in at least two important ways. religion formed the model for this conclusion, First, American Protestants placed a much greater which Madison then generalized to a diversity of emphasis on the importance of the experience economic and social interests.The more diversity of religious conversion, which in turn meant one has, the more you need genuine debate and that individuals had to be free to make their own deliberation to identify what the true public good spiritual decisions on the basis of conscience. is. The flip side of the argument is that the smaller Second, even where religious establishments the entity, the easier it will be for the wrong kinds of continued to exist in revolutionary America, they majorities to coalesce and to do their unjust deeds. were very weak; even an established church like the Madison believed, and time has mostly proved him Church of England, which became the Episcopal right, that the real danger to rights is more likely to Church, were struggling for public support. These arise in individual states than at the national level. two conditions made it much easier to conclude, as That’s why I like to say that the most Madisonian Madison and Jefferson did, that religious activity part of the Constitution is actually Section I of the could be wholly privatized, both to allow freedom Fourteenth Amendment, the due process and equal protection clauses, designed to protect the people of conscience to flourish, and to get rid of the against the state governments.” inherent corruption of established religion.” 16