Wolfstrike
Gold Member
James Madison was the great writer/organizer of the U.S. Constitution.
We have to be careful when we say "federalist" because we're talking about 2 different points in time.
At the time, Madison was a "federalist" who advocated the forming of a federal government, but when the Federalist party formed, and people realized they were nuts, Madison joined up with Jefferson.
The Federal government was created to unify independent states and perform basic functions like national defense and international relations.
Many early Americans did not want a federal government because they were afraid it would turn into the overbearing monstrosity it is today.
People appealed to Madison to organize a Bill of Rights, ...basic lines the government could not cross under any circumstance.
IMPORTANT LESSON:
James Madison felt a bill of rights was not necessary, because the federal government was never given powers to commit the violations people were concerned about.
This is an important lesson for us, because it shows many of the legal debates of today shouldn't even be discussed, the government was never given power.
IMPORTANT NOTE:
Madison intended the federal courts to be able to strike down unconstitutional state laws, ..what they call "judicial review", this idea was struck down by early Americans. Up until the USA was federalized after the Civil War, the federal courts had to be invited by the states to get involved in cases.
The Constitution and the bill of Rights relates primarily to the federal government.
A state had more power (from the people) to pass more laws.
It seems, the thinking of the time was, you would be more active in defending your rights in your state , then you could be with the federal government.
This is why we see duplicates and re-confirmations in state constitutions.
The states complied with the rights of the people and the limitations of government.
One of the reasons why Madison didn't want a Bill of Rights was because it could be implied that the ONLY rights of a citizen were outlined in the Bill.
This problem was attempted to be solved by the 9th and 10th amendments. Amendments that modern historians like to pretend they don't understand.
Madison did a great job and proposed (I think 17) basic rights, 10 would be rewritten and voted in.
We have to be careful when we say "federalist" because we're talking about 2 different points in time.
At the time, Madison was a "federalist" who advocated the forming of a federal government, but when the Federalist party formed, and people realized they were nuts, Madison joined up with Jefferson.
The Federal government was created to unify independent states and perform basic functions like national defense and international relations.
Many early Americans did not want a federal government because they were afraid it would turn into the overbearing monstrosity it is today.
People appealed to Madison to organize a Bill of Rights, ...basic lines the government could not cross under any circumstance.
IMPORTANT LESSON:
James Madison felt a bill of rights was not necessary, because the federal government was never given powers to commit the violations people were concerned about.
This is an important lesson for us, because it shows many of the legal debates of today shouldn't even be discussed, the government was never given power.
IMPORTANT NOTE:
Madison intended the federal courts to be able to strike down unconstitutional state laws, ..what they call "judicial review", this idea was struck down by early Americans. Up until the USA was federalized after the Civil War, the federal courts had to be invited by the states to get involved in cases.
The Constitution and the bill of Rights relates primarily to the federal government.
A state had more power (from the people) to pass more laws.
It seems, the thinking of the time was, you would be more active in defending your rights in your state , then you could be with the federal government.
This is why we see duplicates and re-confirmations in state constitutions.
The states complied with the rights of the people and the limitations of government.
One of the reasons why Madison didn't want a Bill of Rights was because it could be implied that the ONLY rights of a citizen were outlined in the Bill.
This problem was attempted to be solved by the 9th and 10th amendments. Amendments that modern historians like to pretend they don't understand.
Madison did a great job and proposed (I think 17) basic rights, 10 would be rewritten and voted in.
