This paper discusses James Madison's role in trying to balance civil liberties with government power through the drafting of the Bill of Rights.
Written in 2007; 7,762 words; 30 sources; APA; $ 168.95
Paper Summary:
In this article, the writer provides a review of the relevant literature to show that Madison played a critical role in drafting the Bill of Rights due to his concern for balancing civil liberties and central government power. A summary of the research and important findings are provided in the conclusion. The writer points out that the research clearly shows that Madison was absolutely convinced of the correctness of his thinking at any given point in time concerning the need for ratification of the Constitution and the Bill of Rights. The writer notes that it also shows that he was able to learn from mistakes, entertain the opinions of others without necessarily accepting them and contribute to the American nation through a life of public service that spanned 40 years.
Outline:
Perspectives Articulated at the Constitutional Convention
Federalist Perspectives
Bibliography
From the Paper:
"The first major confrontation concerning the ratification of the Constitution involving the need for a bill of rights occurred in Pennsylvania several weeks after the close of the Constitutional Convention; at that time, the Seceders from the state Assembly called upon their electorate to consider whether the rights of citizens could be regarded as safe under a constitution that did not contain a bill of rights; also in Pennsylvania, Samuel Bryan argued in 1787 that the absence of a bill of rights made it essential for a second constitutional convention to be held to address the errors and omissions of the first."
"In response to these charges, James Wilson articulated the basis for distinguishing between a government of unlimited powers and one of enumerated and defined powers; in fact, Wilson also significantly contributed to the drafting of the Constitution as a member of the Pennsylvania delegation to the Constitutional Convention and was a prominent legal scholar who would subsequently serve as a Justice on the original U.S. Supreme Court. In this regard, Wilson believed that because the Constitution already delineated the powers available to the national government, there was little need to amendment them for the people's protection because the national government was without power to interfere in these domains."
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