Primary Source: James Madison and Thomas Jefferson Correspondence on a Bill of Rights, 1787-1789

Objectives:

• I can analyze James Madison’s and Thomas Jefferson’s arguments regarding a bill of rights

Building Context: When the Constitution was ratified in 1788, it did not include a bill of rights. Delegates discussed the possibility of a bill of rights at the Constitutional Convention, but they decided that it was unnecessary and might cause greater controversy, endangering the Constitution’s chances of ratification. But one of the major complaints of those who opposed the ratification of the Constitution was its lack of a bill of rights. At the time, Thomas Jefferson was serving as an ambassador to France. James Madison provided him with updates on the proposed Constitution, and in a few correspondences, they discussed their thoughts on adding a bill of rights. The final letter here was sent by Jefferson after the ratification of the Constitution. 

Text	Vocabulary	In My Own Words
Thomas Jefferson to James Madison, December 20, 1787:
A few words on the Constitution proposed by our Convention . . . I will now add what I do not like. First the omission of a bill of rights providing clearly & without the aid of for freedom of religion, freedom of the press, protection against standing armies, restriction against monopolies, the eternal & unremitting force of the habeas corpus laws, and trials by jury in all matters of fact triable by the laws of the land & not by the law of Nations. . . . Let me add that a bill of rights is what the people are entitled to against every government on earth, general or particular, & what no just government should refuse or rest on inference. . .	omission: to leave something out   habeas corpus: a writ from a court that protects against unlawful or indefinite imprisonment without presenting charges	The Constitution needs to include a bill of rights that protects freedom of religion and the press, provides protection against a standing army, restricts monopolies, protects habeas corpus, and ensures trial by jury. All human beings are entitled to these because of our natural rights, and our Constitution should say so.
James Madison to Thomas Jefferson, October 17, 1788:
A republic, What use then it may be asked can a bill of rights serve . . . ? 1. The political truths declared in that solemn manner acquire by degrees the character of fundamental maxims of free Government, and as they become incorporated with the national sentiment, counteract the impulses of interest and passion. 2. Altho’ it be generally true . . . that the danger of oppression lies in the interested majorities of the people rather than in usurped acts of the Government, yet there may be occasions on which the evil may spring from the latter sources; and on such, a bill of rights will be a good ground for an appeal to the sense of the community. . . .	maxims: fundamental principles
Thomas Jefferson to James Madison, March 15, 1789:
The Declaration of rights is like all other human blessings alloyed with some inconveniences, and not accomplishing fully it’s object. But the good in this instance vastly overweighs the evil. . . .The inconveniences of [a bill of rights] are that it may cramp government in it’s useful exertions. But the evil of this is shortlived, moderate, and reparable. The inconveniencies of the want of a [bill of rights] are permanent, afflicting and irreparable: they are in constant progression from bad to worse.	alloyed: to make worse

 

Comprehension and Analysis Questions:  

• What rights does Jefferson want included in a bill of rights? Would you add any more rights to his list? Would you remove any? Explain your answer.
• Jefferson states that the people are entitled to a bill of rights. Why do you think he believed that? Do you agree with his argument? Why or why not?
• Madison lists two reasons that a bill of rights is important. Summarize his argument in one sentence.
• Many Founders opposed adding a bill of rights because they believed the structure of government would protect the rights of the people sufficiently. They also feared that listing out protected rights would imply that any unlisted rights were not guaranteed to the people. Do you agree with these perspectives? Or do you agree with Jefferson and Madison that a bill of rights was necessary to preserve the rights of the people against government intrusion? Explain your reasoning.