Posts tagged ‘James Madison’

Endless War – Forward!

Of all the enemies to public liberty war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other. War is the parent of armies; from these proceed debts and taxes; and armies, and debts, and taxes are the known instruments for bringing the many under the domination of the few. In war, too, the discretionary power of the Executive is extended; its influence in dealing out offices, honors, and emoluments is multiplied; and all the means of seducing the minds, are added to those of subduing the force, of the people.

James Madison, “Political Observations” (1795-04-20); also in Letters and Other Writings of James Madison (1865), Vol. IV, p. 491-492

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James Madison, Wisdom and Warnings

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Free Citizens are Sooooooooo Much Trouble. Question Authority.

All power tends to corrupt; absolute power corrupts absolutely.
Lord Acton

It should come as no surprise that President Obama told Ohio State students at graduation ceremonies last week that they should not question authority and they should reject the calls of those who do. He argued that “our brave, creative, unique experiment in self-rule” has been so successful that trusting the government is the same as trusting ourselves; hence, challenging the government is the same as challenging ourselves. And he blasted those who incessantly warn of government tyranny.

Yet, mistrust of government is as old as America itself. America was born out of mistrust of government. The revolution that was fought in the 1770s and 1780s was actually won in the minds of colonists in the mid-1760s when the British imposed the Stamp Act and used writs of assistance to enforce it. The Stamp Act required all persons in the colonies to have government-sold stamps on all documents in their possession, and writs of assistance permitted search warrants written by British troops in which they authorized themselves to enter private homes ostensibly to look for the stamps.

These two pieces of legislation were so unpopular here that Parliament actually rescinded the Stamp Act, and the king’s ministers reduced the use of soldier-written search warrants. But the searches for the stamps turned the tide of colonial opinion irreversibly against the king.

The same king also prosecuted his political adversaries in Great Britain and here for what he called “seditious libel” — basically, criticizing the government.

Thomas Jefferson . . . warned that it is the nature of government over time to increase and of liberty to decrease. And that’s why we should not trust government. In the same era, James Madison himself agreed when he wrote, “All men having power should be distrusted to a certain degree.”

Why All of Us Should Mistrust the Government

Chris Rock, rube-tool.

The president is not my boss and not my dad. Sheesh.

Ozymandias

Unfortunately, it seems that the future Aldous Huxley predicted in 1932, in Brave New World, is arriving early. Mockery, truculence, and minimalist living are best, then enjoy the decline. However, we do need a Revolving Door Tax (RDT), learn what Members of Congress pay in taxes, and prosecute politicians and staff and their “family and friends” who profit from insider trading.

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Imperial Presidency = Bad for Civil Liberties

Gene Healy has been one of the more prominent and consistent critics of presidential power going back to the Clinton administration. (Disclosure: Healy is a friend and a former colleague.) In 2000 Healy, vice president of the libertarian Cato Institute, authored the study “Arrogance of Power Reborn: The Imperial Presidency and Foreign Policy in the Clinton Years.” In 2006, Healy and fellow Cato scholar Tim Lynch set their sights on President Bush with Power Surge: The Constitutional Record of George W. Bush.

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“Better Than Plowing” by James Buchanan (part 1)

Government, or politics, was, to me, always something to seek protection from, not something to exploit, either for my own ends or for those that I might define for the public at large.

(page 97)

[“Democracy in Deficit“] made one central point; politicians enjoy spending and do not enjoy taxing. These natural proclivities must emerge so long as politicians are responsive to constituents. I have often used this example as the simplest possible illustration of public choice logic. The normative implications are clear; ordinary politics contains a procedural flaw that can only be corrected by the imposition of constitutional constraints.

(page 104)
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George Wythe “Teacher of Liberty” (1726-1806)

George Wythe (pronounced “with”) was the personal mentor to Thomas Jefferson, James Madison (1749-1812) [a cousin to the more famous James Madison], John Marshall, and many other notable founders of the United States. Consequently, he was known as America’s “Teacher of Liberty.”

A statesman in his own right, Wythe signed the Declaration of Independence, served in the First Continental Congress, and was a Virginia delegate to the Constitutional Convention of 1787. He also helped develop the Bill of Rights. While teaching at the College of William and Mary, he was the first professor to make American Constitutional Law the subject of regular instruction.

About George Wythe University

Wythe House in Colonial Williamsburg, VA, by Bradley Jones

Wythe House in Colonial Williamsburg, VA, by Bradley Jones

His grave is in the yard of St. John’s Episcopal Church in Richmond, VA.
Source: America’s Founding Fathers: Virginia, National Archives

George Wythe, from William and Mary Law School

George Wythe, from William and Mary Law School

The first chair of law in America and the second in the English-speaking world was established December 4, 1779, at the College of William and Mary. The College’s board of visitors included among others Governor Thomas Jefferson, James Blair, James Madison (1749-1812) [a cousin to the more famous James Madison], Edmund Randolph, Thomas Nelson, and Benjamin Harrison. They elected as the first professor to occupy that chair George Wythe, styled by Jefferson as the American Aristides.
. . .
[Thomas] Jefferson said of Wythe, “He was my ancient master, my earliest and best friend, and to him I am indebted for first impressions which have had the most salutary influence on the course of my life.”

Besides Jefferson, Wythe at one time or another taught John Marshall, James Monroe, Edmund Randolph, and Henry Clay. Thus the mind of George Wythe, acting through those whom he had trained, dominated the policies of this republic for fully fifty years, and is still a potent force.

George Wythe: William & Mary’s – and the nation’s – first law professor, W&M Law School

Seals of Virginia, B&W

Seals of Virginia, B&W


Seal of the Commonwealth of Virginia, Encyclopedia Virginia

Wythe played a role in creating [Virginia’s] new constitution and served with Jefferson on the committee that revised Virginia’s laws. Wythe also sat on the committee to design Virginia’s seal.

Jefferson wrote a brief sketch of Wythe near the end of his own lifetime.

George Wythe, Thomas Jefferson Encyclopedia, Monticello.

Virginia Seal, color
Sic semper tyrannis

(letter) I became acquainted with Mr. Wythe when he was about thirty-five years of age. He directed my studies in the law, led me into business, and continued, until death, my most affectionate friend. A close intimacy with him, during that period of forty odd years, the most important of his life, enables me to state its leading facts, which, being of my own knowledge, I vouch their truth. Of what precedes that period, I speak from hearsay only, in which there may be error, but of little account, as the character of the facts will themselves manifest. In the epoch of his birth I may err a little, stating that from the recollection of a particular incident, the date of which, within a year or two, I do not distinctly remember. These scanty outlines, you will be able, I hope, to fill up from other information, and they may serve you, sometimes, as landmarks to distinguish truth from error, in what you hear from others. The exalted virtue of the man will also be a polar star to guide you in all matters which may touch that element of his character. But on that you will receive imputation from no man; for, as far as I know, he never had an enemy. Little as I am able to contribute to the just reputation of this excellent man, it is the act of my life most gratifying to my heart: and leaves me only to regret that a waning memory can do no more.
. . .
(notes) George Wythe was born about the year 1727 or 1728, of a respectable family in the county of Elizabeth City, on the shores of the Chesapeake. He inherited, from his father, a fortune sufficient for independence and ease. He had not the benefit of a regular education in the schools, but acquired a good one of himself, and without assistance; insomuch, as to become the best Latin and Greek scholar in the state. It is said, that while reading the Greek Testament, his mother held an English one, to aid him in rendering the Greek text conformably with that. He also acquired, by his own reading, a good knowledge of Mathematics, and of Natural and Moral Philosophy. He engaged in the study of the law under the direction of a Mr. Lewis, of that profession, and went early to the bar of the General Court, then occupied by men of great ability, learning, and dignity in their profession. He soon became eminent among them, and, in process of time, the first at the bar, taking into consideration his superior learning, correct elocution, and logical style of reasoning; for in pleading he never indulged himself with an useless or declamatory thought or word; and became as distinguished by correctness and purity of conduct in his profession, as he was by his industry and fidelity to those who employed him. He was early elected to the House of Representatives, then called the House of Burgesses, and continued in it until the Revolution. On the first dawn of that, instead of higgling on half-way principles, as others did who feared to follow their reason, he took his stand on the solid ground, that the only link of political union between us and Great Britain, was the identity of our Executive; that that nation and its Parliament had no more authority over us, than we had over them, and that we were co-ordinate nations with Great Britain and Hanover.

Letter to John Saunderson, Esq., Notes for the Biography of George Wythe, by Thomas Jefferson, August 31, 1820. (Copy of handwritten note at the Library of Congress.)

General Court in the Capitol, Williamsburg, James City County, VA, Library of Congress, csas200905870

General Court in the Capitol, Williamsburg, James City County, VA, Library of Congress, csas200905870

One person has estimated that Wythe instructed fewer than 200 pupils in the law, yet is is amazing what these students accomplished in later life. Students taught by George Wythe occupied almost every office this young nation had to offer, including President, Vice President, Secretary of State, Attorney General, U.S. Senator, Speaker of the U.S. House, Chief Justice, Associate Justice, federal District Judge, foreign Minister, Governor of Virginia, President of the Virginia Court of Appeals, member of the Virginia, Kentucky, and North Carolina legislatures, President of William and Mary, Professor of Law at both William and Mary and Transylvania, and Episcopal Bishop of Virginia. While some of the men who occupied such stations were taught by Wythe in a private capacity, it is also true that “no law school in America has since sent from its class rooms into public life, in the same length of time, if at all, an equal number of men of such amazing ability.”

Chapter 8 The Teaching of George Wythe, by Thomas Hunter, in “The History of Legal Education in the United States: Commentaries And Primary Sources, Volume 1, by Steve Sheppard and William Enfield. Pasadena, CA: Salem Press, 1999, reprinted by Lawbook Exchange, 2007, pages 153-154, footnotes omitted.

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James Madison, Father of the Constitution (1751-1836)

Since the general civilization of mankind, I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations.

–James Madison, Speech in the Virginia Ratifying Convention on Control of the Military, June 16, 1788 in: History of the Virginia Federal Convention of 1788, vol. 1, p. 130 (H.B. Grigsby ed. 1890). (Google Books)

James Madison, 4th President of the United Sates, is known as “Father of the Constitution” and “Father of the Bill of Rights” (1751-1836)

James Madison, Father of the Constitution, 4th President of the United States. Portrait by John Vanderlyn

James Madison, Father of the Constitution, 4th President of the United States. Portrait by John Vanderlyn

Born March 16, 1751, Madison was brought up in Orange County, Virginia, and attended Princeton (then called the College of New Jersey). A student of history and government, well-read in law, he participated in the framing of the Virginia Constitution in 1776, served in the Continental Congress, and was a leader in the Virginia Assembly.

When delegates to the Constitutional Convention assembled at Philadelphia in 1787, the 36-year-old Madison took frequent and emphatic part in the debates.

Madison made a major contribution to the ratification of the Constitution by writing, with Alexander Hamilton and John Jay, the Federalist Papers. In later years, when he was referred to as the “Father of the Constitution,” Madison protested that the document was not “the off-spring of a single brain,” but “the work of many heads and many hands.”

In Congress, he helped frame the Bill of Rights and enact the first revenue legislation. Out of his leadership in opposition to Hamilton’s financial proposals, which he felt would unduly bestow wealth and power upon northern financiers, came the development of the Republican, or Jeffersonian, Party.

Source: James Madison – White House

When James Madison’s second term as president ended in 1817, he and Dolley retired to Montpelier. In retirement Madison stayed active and interested in politics. In 1819 he founded the American Colonization Society dedicated to freeing slaves and transporting them to the West Coast of Africa. Madison served on the board of visitors at the University of Virginia, and briefly came out of retirement at the age of 79 to attend the 1829 Virginia Constitutional Convention. On June 28, 1836, James Madison died at Montpelier at the age of 85 and was buried in the Madison Family Cemetery on the mansion grounds.

Source:James Madison: Retirement and Death,” James Madison’s Montpelier

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