Liberty and Order

The Bill of Rights

G&S Typesetters PDF proof Although he was a staunch opponent of the anti-Federalist demand for a second federal convention—and of any amendments that would substantially reduce the powers of the new regime—Madison had said at the Virginia Ratifying Convention that he would not oppose amendments that might provide additional securities for liberty. During the first federal elections, in which he overcame a formidable challenge for a seat in the House, he announced that he was positively committed to such amendments, though still convinced that these could be secured most speedily, with the greatest security against damaging alterations in the substance of the Constitution , and with the greatest likelihood of general acceptance, if they were prepared by Congress rather than another general convention. Over the succeeding months, he took it on himself to lead this effort, combing through the many amendments recommended by the states, together with the states’ declarations of rights, for such additions and changes as he considered advisable and safe. Public assurances of speedy action on the subject were inserted in Washington’s inaugural address and in the House of Representatives’ reply, both of which Madison drafted. On 4 May 1789, he announced to the House that he would introduce amendments on 25 May. The press of other business forced him to accept a postponement on that date. But on 8 June he interrupted other business to introduce some nineteen propositions. Madison faced considerable resistance in his drive for these amendments—from anti-Federalists who wanted moresubstantial alterations than he proposed, from Federalists who resisted any changes, and from general impatience to get on with other business. The propositions of 8 June were referred to a select committee on 26 July and did not come before the House until the middle of August. At that point, Madison insisted on action and persevered until Congress agreed to submit twelve amendments to the states. Ten were ratified by 1791. One was finally adopted, as the twenty-seventh amendment, after a lapse of two hundred years. The twelfth, providing for an enlargement of the House of Representatives, was quickly rendered obsolete. Proceedings in the House of Representatives 8 June 1789 Madison moved that the House resolve itself into a committee of the whole to consider amendments to the Constitution. William Loughton Smith (S.C.) was not inclined to interrupt the measures which the public were so anxiously expecting by going into a committee of the whole at this time. He observed there were two modes of introducing this business to the house: one by appointing a select committee to take into consideration the several amendments proposed by the state conventions ; this he thought the most likely way to shorten the business. The other was that the gentleman should lay his propositions on the table for the consideration of the members; that they should be printed and taken up for discussion at a future day. Either of these modes would enable the house to enter upon the business better prepared than could be the case by a sudden transition from other important concerns to which their minds were strongly bent. He therefore hoped the honorable gentleman would consent to bring the subject forward in one of those ways, in preference to going into a committee of the whole. For, he said, it must appear extremely impolitic to go into the consideration of amending the government before it is organized, before it has begun to operate; certainly, upon reflection, it must appear to be premature. . . . James Jackson (Ga.) I am of opinion we ought not to be in a hurry with respect to altering the Constitution. For my part I have no idea of speculating in this serious matter on theory; if I agree to alterations in the mode of administering this government, I shall like to stand on the sure ground of experience, and The Bill of Rights 21 The Bill of Rights 04-L2720 9/19/03 7:18 AM Page 21 G&S Typesetters PDF proof not be treading air. What experience have we had of the good or bad qualities of this Constitution? Can any gentleman affirm to me one proposition that is a certain and absolute amendment? I deny that he can. Our Constitution , sir, is like a vessel just launched and lying at the wharf, she is untried, you can hardly discover any one of her properties; it is not known how she will answer her helm or lay her course; whether she will bear in safety...