Primary Source: James Madison and Thomas Jefferson Correspondence on a Bill of Rights
What did James Madison and Thomas Jefferson have to say regarding a bill of rights?
Primary Source: Madison’s Notes of Debates in the Federal Convention, 1787_
- I can explain the debate regarding representation in the legislative branch at the Constitutional Convention. _
- I can assess how the Constitution reflects compromise on the issue.
- I can create an argument using primary sources._
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Building Context: James Madison’s “Notes,” made during the debates at the Constitutional Convention in Philadelphia in 1787, show the diversity of opinion among the delegates as they worked to create a stronger national government than the one that existed under the Articles of Confederation. The following excerpts are taken from Madison’s notes on the debates on representation, specifically who should elect representatives to Congress. For each of the following entries, summarize the speaker’s view on representation.
Speaker | Text from Madison’s Notes | Annotations |
Charles Cotesworth Pinckney, South Carolina | “Moved ‘that the 1st branch, instead of being elected by the people, should be elected in such manner as the Legislature of each State shall direct.’” | Pinckney wanted state legislatures—who were still directly elected by the people within their states—to elect the House because it would filter popular views possibly rooted in passions and interests.
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George Mason, Virginia | “Urged the necessity of retaining the election by the people. Whatever inconveniency may attend the democratic principle, it must actuate one part of the Government. It is the only security for the rights of the people.” | |
John Rutledge, South Carolina | “An election by the Legislature would be more refined (moderate, less passionate) than an election immediately by the people: and would be more likely to correspond with the sense of the whole community.” | |
James Wilson, Pennsylvania | “Considered the election of the 1st branch by the people not only as the corner Stone, but as the foundation of the fabric: and that the difference between a mediate & immediate election was immense.” | |
Roger Sherman, Connecticut | “I oppose the election [of the House of Representatives] by the people…it ought to be by state legislatures. The people should have as little to do as may be about the government. They lack information and are constantly liable to be misled.” | |
Elbridge Gerry, Massachusetts | “The evils we experience flow from the excess of democracy. The people do not lack virtue, but are the dupes of pretended patriots. In Massachusetts, it has been fully confirmed by experience that they are daily misled into the most baneful (harmful) measures and opinions by the false reports circulated by designing men…” | |
Final text in the U.S. Constitution:
Article 1, Section 2 The House of Representatives shall be composed of Members chosen every second Year by the People of the several States… Article 1, Section 3 The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senator shall have one Vote. |
Comprehension and Analysis Questions:
- Explain the two major arguments for representation captured in these views.
- How does the final text of the ratified Constitution show that compromise was reached among the delegates?
- How does the final text of the ratified Constitution attempt to balance the need for a government based on the people that still moderates or refines their wishes?
- The direct election of Senators by the people and not by the state legislatures was added to the U.S. Constitution by the Seventeenth Amendment in 1913. Was this action in accordance with the views of the Framers? Explain.