In the United States, public rights , as compared to private rights , belong to citizens but are vested in and vindicated by political entities. Public rights cannot be vindicated by private citizens . A right must normally be a private right to be vindicated in court.
131-459: An exception to this general proposition is found in Flast v. Cohen , 392 U.S. 83 (1968). In Flast , the U.S. Supreme Court held that a private citizen could challenge the constitutionality of a federal tax if the citizen established "a logical link between [their] status [as a taxpayer] and the type of legislative enactment attacked [and] . . . a nexus between that status and the precise nature of
262-628: A lawsuit against Wilbur Cohen , the Secretary of Health, Education, and Welfare , contending that spending funds on religious schools violated the First Amendment 's ban on the establishment of religion . The district court denied standing, and the Supreme Court heard the appeal . On June 10, 1968, the Court issued an 8-1 decision. Writing for the majority, Chief Justice Earl Warren established
393-526: A unification strategy . Difficult as it was for them to join forces, they nominated Clinton for President and Jared Ingersoll , a Philadelphia lawyer, for vice president. Hoping to shore up his support in the Northeast, where the War of 1812 was unpopular, Madison selected Governor Elbridge Gerry of Massachusetts as his running mate, though Gerry would only survive two years after the election due to old age. Despite
524-485: A "double nexus" test which a taxpayer must satisfy in order to have standing. First, he must "establish a logical link between [taxpayer] status and the type of legislative enactment attacked." Second, "show that the challenged enactment exceeds specific constitutional limitations upon the exercise of the taxing and spending power and not simply that the enactment is generally beyond the powers delegated to Congress by Art. I, §8." Only when both nexuses have been satisfied may
655-471: A citizen to contribute three pence only of his property for the support of any one establishment, may force him to conform to any other establishment in all cases whatsoever...The Establishment Clause was designed as a specific bulwark against such potential abuses of governmental power, and that clause of the First Amendment operates as a specific constitutional limitation upon the exercise of by Congress of
786-559: A close adviser to President George Washington . During the early 1790s, Madison opposed the economic program and the accompanying centralization of power favored by Secretary of the Treasury Hamilton. Alongside Thomas Jefferson , he organized the Democratic–Republican Party in opposition to Hamilton's Federalist Party . Madison served as Jefferson's Secretary of State from 1801 to 1809, during which time Jefferson made
917-520: A coalition among Democratic-Republicans opposed to the coming war, as well as those party faithful angry with Madison for not moving more decisively toward war, northerners weary of the Virginia dynasty and southern control of the White House, and many New Englanders wanted Madison replaced. Dismayed about their prospects of beating Madison, a group of top Federalists met with Clinton's supporters to discuss
1048-612: A law student but not a lawyer. Madison did not apprentice himself to a lawyer and never joined the bar . Following the Revolutionary War, he spent time at Montpelier studying ancient democracies in preparation for the Constitutional Convention. Madison suffered from episodes of mental exhaustion and illness with associated nervousness, which often caused short-term incapacity after periods of stress. However, he enjoyed good physical health until his final years. In 1765,
1179-523: A political counterpart, the Cliosophic Society. During his time at Princeton, Madison's closest friend was future Attorney General William Bradford . Along with classmate Aaron Burr , Madison completed the college's three-year Bachelor of Arts degree in two years, graduating in 1771. Madison had contemplated either entering the clergy or practicing law after graduation but instead remained at Princeton to study Hebrew and political philosophy under
1310-782: A reduction of the national debt. In 1811, Congress allowed the charter of the First Bank of the United States to lapse after Madison declined to take a strong stance on the issue. Congress had repealed the Embargo Act of 1807 shortly before Madison became president, but troubles with the British and French continued. Madison settled on a new strategy that was designed to pit the British and French against each other, offering to trade with whichever country would end their attacks against American shipping. The gambit almost succeeded, but negotiations with
1441-621: A renowned figure in Washington, D.C., and excelled at hosting. She subsequently helped to establish the modern image of the first lady of the United States as an individual who has a leading role in the social affairs of the nation. Throughout his life, Madison maintained a close relationship with his father, James Sr. At age 50, Madison inherited the large plantation of Montpelier and other possessions, including his father's slaves. While Madison never had children with Dolley, he adopted her one surviving son, John Payne Todd (known as Payne), after
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#17330856134421572-555: A series of pro-ratification newspaper articles in New York. After Jay dropped out of the project, Hamilton approached Madison, who was in New York on congressional business, to write some of the essays. The essays were published under the pseudonym of Publius. The trio produced 85 essays known as The Federalist Papers . The 85 essays were divided into two parts: 36 letters against the Articles of Confederation, and 49 letters that favored
1703-624: A state legislature declared a law to be unconstitutional but did not take steps to actively prevent its enforcement. Jefferson's doctrine of nullification was widely rejected, and the incident damaged the Democratic–Republican Party as attention was shifted from the Alien and Sedition Acts to the unpopular nullification doctrine. In 1799, Madison was elected to the Virginia legislature. At the same time, Madison planned for Jefferson's campaign in
1834-463: A strong challenger to Madison. Locked in a difficult race against Monroe, Madison promised to support a series of constitutional amendments to protect individual liberties. In an open letter, Madison wrote that, while he had opposed requiring alterations to the Constitution before ratification, he now believed that "amendments, if pursued with a proper moderation and in a proper mode ... may serve
1965-562: A tutor for several prominent Southern families. Madison learned mathematics, geography, and modern and classical languages, becoming exceptionally proficient in Latin . At age 16, Madison returned to Montpelier, where he studied under the Reverend Thomas Martin to prepare for college. Unlike most college-bound Virginians of his day, Madison did not attend the College of William and Mary , as
2096-646: A united Indian nation. In March 1814, Major General Andrew Jackson broke the resistance of the British-allied Muscogee Creek in the Old Southwest with his victory at the Battle of Horseshoe Bend . Despite those successes, the British continued to repel American attempts to invade Canada, and a British force captured Fort Niagara and burned the American city of Buffalo in late 1813. On August 24, 1814,
2227-703: The 14th Congress compiled one of the most productive legislative records up to that point in history. Congress granted the Second Bank of the United States a twenty-five-year charter and passed the Tariff of 1816 , which set high import duties for all goods that were produced outside the United States. Madison approved federal spending on the Cumberland Road , which provided a link to the country's western lands; still, in his last act before leaving office, he blocked further federal spending on internal improvements by vetoing
2358-486: The 1796 presidential election , Madison helped convince Jefferson to run for the presidency. Despite Madison's efforts, Federalist candidate John Adams defeated Jefferson, taking a narrow majority of the electoral vote. Under the rules of the Electoral College then in place, Jefferson became vice president because he finished with the second-most electoral votes. Madison, meanwhile, had declined to seek re-election to
2489-449: The 1800 presidential election . Madison issued the Report of 1800 , which attacked the Alien and Sedition Acts as unconstitutional. That report held that Congress was limited to legislating on its enumerated powers and that punishment for sedition violated freedom of speech and freedom of the press. Jefferson embraced the report, and it became the unofficial Democratic–Republican platform for
2620-422: The 1812 presidential election , held during the early stages of the war, Madison was re-nominated without opposition. A dissident group of New York Democratic-Republicans nominated DeWitt Clinton , the lieutenant governor of New York and a nephew of recently deceased Vice President George Clinton, to oppose Madison in the 1812 election. This faction of Democratic-Republicans hoped to unseat the president by forging
2751-500: The Anglican Church in Virginia; Madison believed that tolerance of an established religion was detrimental not only to freedom of religion but also because it encouraged excessive deference to any authority which might be asserted by an established church. After returning to Montpelier in 1774, Madison took a seat on the local Committee of Safety , a pro-revolution group that oversaw the local Patriot militia. In October 1775, he
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#17330856134422882-574: The Battle of Baltimore , and the British army departed from the Chesapeake region in September. That same month, U.S. forces repelled a British invasion from Canada with a victory at the Battle of Plattsburgh . The British public began to turn against the war in North America, and British leaders began to look for a quick exit from the conflict. In January 1815, Jackson's troops defeated the British at
3013-507: The Battle of Lake Erie , the U.S. crippled the supply and reinforcement of British military forces in the western theater of the war. General William Henry Harrison defeated the forces of the British and of Tecumseh's confederacy at the Battle of the Thames . The death of Tecumseh in that battle marked the permanent end of armed Native American resistance in the Old Northwest and any hope of
3144-500: The Battle of New Orleans . Just more than a month later, Madison learned that his negotiators had concluded the Treaty of Ghent on December 24, 1814, which ended the war. Madison quickly sent the treaty to the Senate, which ratified it on February 16, 1815. Although the overall result of the war ended in a standoff, the quick succession of events at the end of the war, including the burning of
3275-684: The British Parliament passed the Stamp Act , which caused strong opposition by the colonists and began a conflict that would culminate in the American Revolution . The American Revolutionary War broke out on April 19, 1775. The colonists formed three prominent factions: Loyalists , who continued to back King George III of the United Kingdom; a significant neutral faction without firm commitments to either Loyalists or Patriots; and
3406-589: The Democratic-Republican Party opposition to Secretary of the Treasury Hamilton. The other faction, led by Hamilton and the Federalists , broadly represented Northern financial interests and favored close relations with Britain. In 1791, Hamilton introduced a plan that called for the establishment of a national bank to provide loans to emerging industries and oversee the money supply. Madison and
3537-492: The First Amendment . The Supreme Court decided in Frothingham v. Mellon (1923), that a taxpayer did not have standing to sue the federal government to prevent expenditures if his only injury is an anticipated increase in taxes . Frothingham v. Mellon did not recognize a constitutional barrier against federal taxpayer lawsuits. Rather, it denied standing because the petitioner did not allege "a breach by Congress of
3668-517: The Flast test has been primarily limited to cases rising under the Establishment Clause. The Court developed a two-part test to determine whether the plaintiffs had standing to sue. First, because a taxpayer alleges injury only by virtue of his liability for taxes, the Court held that "a taxpayer will be a proper party to allege the unconstitutionality only of exercises of congressional power under
3799-685: The Louisiana Purchase , in which France sold more than 827,987 square miles (2,144,480 square kilometers) of land in exchange for $ 15 million (equivalent to $ 271,433,333.33 in 2021). Despite the time-sensitive nature of negotiations with the French, Jefferson was concerned about the constitutionality of the Louisiana Purchase, and he privately favored introducing a constitutional amendment explicitly authorizing Congress to acquire new territories. Madison convinced Jefferson to refrain from proposing
3930-492: The Louisiana Purchase . Madison was elected president in 1808 . Motivated by desire to acquire land held by Britain, Spain, and Native Americans, and after diplomatic protests with a trade embargo failed to end British seizures of American shipped goods, Madison led the United States into the War of 1812 . Although the war ended inconclusively, many Americans viewed it as a successful "second war of independence" against Britain. Madison
4061-575: The Patriots , whom Madison joined, under the leadership of the Continental Congress . Madison believed that Parliament had overstepped its bounds by attempting to tax the American colonies, and he sympathized with those who resisted British rule. Historically, debate about the consecration of bishops was ongoing and eventual legislation was passed in the British Parliament (subsequently called
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4192-629: The Second Amendment , which gave state-regulated militia groups and private citizens, the "right to bear arms." Madison and the Republicans desired a free government to be established by the consent of the governed, rather than by national military force. Madison's Bill of Rights faced little opposition; he had largely co-opted the Anti-Federalist goal of amending the Constitution but had avoided proposing amendments that would alienate supporters of
4323-419: The Tariff of 1789 . The following year, Secretary of the Treasury Hamilton introduced an ambitious economic program that called for the federal assumption of state debts and the funding of that debt through the issuance of federal securities . Hamilton's plan favored Northern speculators and was disadvantageous to states, such as Virginia, that had already paid off most of their debt; Madison emerged as one of
4454-585: The United States Declaration of Independence was formally printed. Madison participated in the debates concerning the Articles of Confederation in November 1777, contributing to the discussion of religious freedom affecting the drafting of the Articles, though his signature was not required for adopting the Articles of Confederation. Madison had proposed liberalizing the article on religious freedom, but
4585-550: The Virginia Declaration of Rights originally drafted on May 20, 1776, to provide for "equal entitlement", rather than mere "tolerance", in the exercise of religion. With the enactment of the Virginia constitution, Madison became part of the Virginia House of Delegates , and he was subsequently elected to the Virginia governor's Council of State, where he became a close ally of Governor Thomas Jefferson . On July 4, 1776,
4716-561: The Virginia Statute for Religious Freedom . That amendment, which guaranteed freedom of religion and disestablished the Church of England, was passed in 1786. Madison also became a land speculator, purchasing land along the Mohawk River in partnership with another Jefferson protégé, James Monroe . Throughout the 1780s, Madison became increasingly worried about the disunity of the states and
4847-518: The taxing and spending clause of Art. I, § 8, of the Constitution." *479 Id., at 102, 88 S.Ct., at 1954. Second, the Court required the taxpayer to "show that the challenged enactment exceeds specific constitutional limitations upon the exercise of the taxing and spending power and not simply that the enactment is generally beyond the powers delegated to Congress by Art. I, § 8." Id., at 102-103, 88 S.Ct., at 1954." James Madison James Madison (March 16, 1751 – June 28, 1836)
4978-795: The 1800 election. With the Federalists divided between supporters of Hamilton and Adams, and with news of the end of the Quasi-War not reaching the United States until after the election, Jefferson and his running mate, Aaron Burr, defeated Adams. Madison was one of two major influences in Jefferson's cabinet, the other being Secretary of the Treasury Albert Gallatin . Madison was appointed secretary of state despite lacking foreign policy experience. An introspective individual, he received assistance from his wife, relying deeply on her in dealing with
5109-604: The Alien and Sedition Act, abolished internal taxes, and reduced the size of the army and navy. Gallatin, however, convinced Jefferson to retain the First Bank of the United States. Though the Federalist political power was rapidly fading at the national level, Chief Justice John Marshall ensured that Federalist ideology retained an important presence in the judiciary. In the case of Marbury v. Madison , Marshall simultaneously ruled that Madison had unjustly refused to deliver federal commissions to individuals who had been appointed by
5240-475: The Articles of Confederation to grant Congress the power to independently raise revenue through tariffs on imports. Though General George Washington , Congressman Alexander Hamilton , and other leaders also favored the tariff amendment, it failed to win the ratification of all thirteen states. While a member of Congress, Madison was an ardent supporter of a close alliance between the United States and France. As an advocate of westward expansion, he insisted that
5371-464: The Atlantic. Without a standing army, Madison counted on regular state militias to rally to the flag and invade Canada: still, governors in the Northeast failed to cooperate. The British army was more organized, used professional soldiers, and fostered an alliance with Native American tribes led by Tecumseh . On August 16, during the British siege of Detroit , Major General William Hull panicked, after
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5502-466: The British collapsed in mid-1809. Seeking to drive a wedge between the Americans and the British, Napoleon offered to end French attacks on American shipping so long as the United States punished any countries that did not similarly end restrictions on trade. Madison accepted Napoleon's proposal in the hope that it would convince the British to finally end their policy of commercial warfare. Notwithstanding,
5633-406: The British fired on the fort, killing two American officers. Terrified of an Indian attack, drinking heavily, Hull quickly ordered a white tablecloth out a window and unconditionally surrendered Fort Detroit and his entire army to British Major-General Sir Issac Brock . Hull was court-martialed for cowardice, but Madison intervened and saved him from being shot. On October 13, a separate force from
5764-479: The British landed a large force on the shores of Chesapeake Bay and routed General William Winder 's army at the Battle of Bladensburg . Madison, who had earlier inspected Winder's army, escaped British capture by fleeing to Virginia, though the British captured Washington and burned many of its buildings, including the White House . Dolley had abandoned the capital and fled to Virginia, but only after securing
5895-578: The British navy, but some of whom had never been British subjects. In response to the attacks, Congress passed the Non-importation Act , which restricted many, but not all, British imports. Tensions with Britain were heightened due to the Chesapeake–Leopard affair , a June 1807 naval confrontation between American and British naval forces, while the French also began attacking American shipping. Madison believed that economic pressure could force
6026-489: The British refused to change their policies, and the French reneged on their promise and continued to attack American shipping. With sanctions and other policies having failed, Madison determined that war with Britain was the only remaining option. Many Americans called for a "second war of independence" to restore honor and stature to their new nation, and an angry public elected a " war hawk " Congress, led by Henry Clay and John C. Calhoun . With Britain already engaged in
6157-419: The British seized hundreds of American ships that were trading with French colonies. Madison believed that a trade war with Britain would probably succeed, and would allow Americans to assert their independence fully. The British West Indies , Madison maintained, could not live without American foodstuffs, but Americans could easily do without British manufacturers. Similarly, Madison argued that British industry
6288-718: The British to end their seizure of American shipped goods, and he and Jefferson convinced Congress to pass the Embargo Act of 1807 , which banned all exports to foreign nations. The embargo proved ineffective, unpopular, and difficult to enforce, especially in New England. In March 1809, Congress replaced the embargo with the Non-Intercourse Act , which allowed trade with nations other than Britain and France. Speculation regarding Madison's potential succession to Jefferson commenced early in Jefferson's first term. Madison's status in
6419-590: The Consecration of Bishops Abroad Act 1786) to allow bishops to be consecrated for an American church outside of allegiance to the British Crown. The new Anglican churches began incorporating more active forms of polity in their own self-government, collective decision-making, and self-supported financing; these measures would be consistent with separation of religious and secular identities. Madison believed these measures to be insufficient, and favored disestablishing
6550-447: The Constitution as it had been written, arguing that failure to do so would lead to the collapse of the entire ratification effort, as each state would seek favorable amendments. On June 25, 1788, the convention voted 89–79 in favor of ratification. The vote came a week after New Hampshire became the ninth state to ratify, thereby securing the Constitution's adoption and with that, a new form of government. The following January, Washington
6681-500: The Constitution. His amendments were mostly adopted by the House of Representatives as proposed, but the Senate made several changes. Madison's proposal to apply parts of the Bill of Rights to the states was eliminated, as was his change to the Constitution's preamble which he thought would be enhanced by including a prefatory paragraph indicating that governmental power is vested by the people. He
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#17330856134426812-851: The Democratic-Republican Party fought back against Hamilton's attempt to expand the power of the Federal Government with the formation of a national bank; Madison argued that under the Constitution, Congress did not have the power to create a federally empowered national bank. Despite Madison's opposition, Congress passed a bill to create the First Bank of the United States , which Washington signed into law in February 1791. As Hamilton implemented his economic program and Washington continued to enjoy immense prestige as president, Madison became increasingly concerned that Hamilton would seek to abolish
6943-481: The Federalist Party as general American sentiment had moved towards a celebrated unity among the states in what they saw as a successful "second war of independence" from Britain. Madison hastened the decline of the Federalists by adopting several programs he had previously opposed. Recognizing the difficulties of financing the war and the necessity of an institution to regulate American currency, Madison proposed
7074-509: The Federalists were using the Quasi-War with France to justify the violation of constitutional rights by passing the Alien and Sedition Acts , and they increasingly came to view Adams as a monarchist. Both Madison and Jefferson expressed the belief that natural rights were non-negotiable even in war. Madison believed that the Alien and Sedition Acts formed a dangerous precedent, by giving the government
7205-563: The House of Representatives. Henry and the Anti-Federalists were in firm control of the General Assembly in the autumn of 1788. At Henry's behest, the Virginia legislature designed to deny Madison a seat by gerrymandering congressional districts. Henry and his supporters ensured that Orange County was in a district heavily populated with Anti-Federalists, roughly three to one, to oppose Madison. Henry also recruited James Monroe ,
7336-410: The House, and he returned to Montpelier. On Jefferson's advice, Adams considered appointing Madison to an American delegation charged with ending French attacks on American shipping, but Adams's cabinet members strongly opposed the idea. Though he was out of office, Madison remained a prominent Democratic–Republican leader in opposition to the Adams administration. Madison and Jefferson believed that
7467-474: The January 1808 congressional nominating caucus . The Federalist Party mustered little strength outside New England, and Madison easily defeated Federalist candidate Charles Cotesworth Pinckney in the general election. Madison's inauguration took place on March 4, 1809, in the House chamber of the U.S. Capitol. Chief Justice Marshall administered the presidential oath of office to Madison while outgoing President Jefferson watched. Vice President George Clinton
7598-461: The Napoleonic Wars, many Americans including Madison believed that the United States could easily capture Canada , using it as a bargaining chip for other disputes or simply retaining control of it. On June 1, 1812, Madison asked Congress for a declaration of war, stating that the United States could no longer tolerate Britain's "state of war against the United States". The declaration of war was passed along sectional and party lines, with opposition to
7729-503: The Senate. After the Philadelphia Convention ended in September 1787, Madison convinced his fellow congressmen to remain neutral in the ratification debate and allow each state to vote on the Constitution. Those who supported the Constitution were called Federalists; that included Madison. Opponents of the Constitution, known as Anti-Federalists , began a public campaign against ratification. In response, starting in October 1787, Hamilton and John Jay , both Federalists, began publishing
7860-451: The U.S. faced a difficult war against Great Britain, as well as runaway inflation , financial troubles, and a lack of cooperation between the different levels of government. According to historian J. C. A. Stagg, Madison worked to become an expert on financial issues, becoming a legislative workhorse and a master of parliamentary coalition building. Frustrated by the failure of the states to supply needed requisitions, Madison proposed to amend
7991-418: The United States or its constituent jurisdictions is a stub . You can help Misplaced Pages by expanding it . Flast v. Cohen Flast v. Cohen , 392 U.S. 83 (1968), was a United States Supreme Court case holding that federal taxpayers have standing to seek relief from the courts for claims that federal tax money is being used for unconstitutional purposes in violation of the Establishment Clause of
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#17330856134428122-444: The United States was defeated at Queenston Heights , although Brock was killed. Commanding General Henry Dearborn , hampered by mutinous New England infantry, retreated to winter quarters near Albany , failing to destroy Montreal's vulnerable British supply lines. Lacking adequate revenue to fund the war, the Madison administration was forced to rely on high-interest loans furnished by bankers in New York City and Philadelphia. In
8253-407: The Virginia delegation, especially Edmund Randolph and George Mason , to create and present the Virginia Plan , an outline for a new federal constitution. It called for three branches of government (legislative, executive, and judicial), a bicameral Congress (consisting of the Senate and the House of Representatives ) apportioned by population, and a federal Council of Revision that would have
8384-494: The Virginia ratification convention began, Madison focused his efforts on winning the support of the relatively small number of undecided delegates. His long correspondence with Randolph paid off at the convention, as Randolph announced that he would support unconditional ratification of the Constitution, with amendments to be proposed after ratification. Though former Virginia governor Patrick Henry gave several persuasive speeches arguing against ratification, Madison's expertise on
8515-484: The War of 1812. Madison's name is commemorated in many landmarks across the nation, with prominent examples including Madison Square Garden , James Madison University , the James Madison Memorial Building , and the USS James Madison . James Madison Jr. was born on March 16, 1751 (March 5, 1750, Old Style ), at Belle Grove Plantation near Port Conway in the Colony of Virginia , to James Madison Sr. and Eleanor Madison . His family had lived in Virginia since
8646-448: The amendment, and the administration ultimately submitted the Louisiana Purchase Treaty for approval by the Senate, without an accompanying constitutional amendment. Unlike Jefferson, Madison was not seriously concerned with the constitutionality of the purchase. He believed that the circumstances did not warrant a strict interpretation of the Constitution, because the expansion was in the country's best interest. The Senate quickly ratified
8777-463: The army and navy. Given the circumstances involving Napoleon in Europe, Madison initially believed the war would result in a quick American victory. Madison ordered three landed military spearhead incursions into Canada, starting from Fort Detroit , designed to loosen British control around American-held Fort Niagara and destroy the British supply lines from Montreal . These actions would gain leverage for concessions to protect American shipping in
8908-443: The assent of prominent attendees such as Washington and Benjamin Franklin , the delegates agreed in a secret session that the abrogation of the Articles and the creation of a new constitution was a plausible option and began scheduling the process of debating its ratification in the individual states. As a compromise between small and large states, large states got a proportional House, while the small states got equal representation in
9039-498: The capital, the Battle of New Orleans, and the Treaty of Ghent, made it appear as though American valor at New Orleans had forced the British to surrender. This view, while inaccurate, strongly contributed to bolstering Madison's reputation as president. Napoleon's defeat at the June 1815 Battle of Waterloo brought a final close to the Napoleonic Wars and thus an end to the hostile seizure of American shipping by British and French forces. The postwar period of Madison's second term saw
9170-493: The college's president, John Witherspoon . He returned home to Montpelier in early 1772. Madison's ideas on philosophy and morality were strongly shaped by Witherspoon, who converted him to the philosophy, values, and modes of thinking of the Age of Enlightenment. Biographer Terence Ball wrote that at Princeton, Madison was immersed in the liberalism of the Enlightenment, and converted to eighteenth-century political radicalism. From then on James Madison's theories would advance
9301-427: The constitutional infringement alleged." In Australia, public rights is an entitlement enjoyed by the community, in contrast to a private or personal entitlement. Such as a claim to tolls on a public highway, a right of ferry. Public rights may exist at common law or under statute. For example, the right of access to information held by the government is existing at common law. This article relating to law in
9432-583: The constitutions of "ancient and modern confederacies" such as the Dutch Republic , the Swiss Confederation , and the Achaean League . He came to believe that the United States could improve upon past republican experiments by its size which geographically combined 13 colonies; with so many competing interests, Madison hoped to minimize the abuses of majority rule . Additionally, navigation rights to
9563-517: The couple's marriage. Some of his colleagues, such as Monroe and Burr, believed Madison's lack of offspring weighed on his thoughts, though he never spoke of any distress. Oral history has suggested Madison may have fathered a child with his enslaved half-sister, a cook named Coreen, but researchers were unable to gather the DNA evidence needed to determine the validity of the accusation. Washington chose to retire after serving two terms and, in advance of
9694-427: The declaration coming from Federalists and from some Democratic–Republicans in the Northeast. In the years prior to the war, Jefferson and Madison had reduced the size of the military, leaving the country with a military force consisting mostly of poorly trained militia members. Madison asked Congress to quickly put the country "into an armor and an attitude demanded by the crisis", specifically recommending expansion of
9825-474: The disastrous start to the war, Madison accepted Russia's invitation to arbitrate and sent a delegation led by Gallatin and John Quincy Adams (the son of former President John Adams) to Europe to negotiate a peace treaty. While Madison worked to end the war, the United States experienced some impressive naval successes, by the USS ; Constitution and other warships, that boosted American morale. Victorious in
9956-490: The double purpose of satisfying the minds of well-meaning opponents, and of providing additional guards in favor of liberty." Madison's promise paid off, as in Virginia's 5th district election , he gained a seat in Congress with 57 percent of the vote. Madison became a key adviser to Washington, who valued Madison's understanding of the Constitution. Madison helped Washington write his first inaugural address and also prepared
10087-503: The early 1760s, the Madison family moved into a newly built house that they named Montpelier. Madison was the oldest of twelve children, with seven brothers and four sisters, though only six lived to adulthood: brothers Francis, Ambrose, and William, and sisters Nelly, Sarah, and Frances. Ambrose helped to manage Montpelier for his father and older brother until his own death in 1793. From age 11 to 16, Madison studied under Donald Robertson,
10218-508: The end of his presidency in 1817, Madison returned to his plantation, Montpelier , and died there in 1836. Madison was a slave owner ; he freed one slave in 1783 to prevent a slave rebellion at Montpelier, but did not free any in his will. Among historians, Madison is considered one of the most important Founding Fathers of the United States. Leading historians have generally ranked him as an above-average president, although they are critical of his endorsement of slavery and his leadership during
10349-643: The far west being inhabited almost exclusively by Native Americans . Jefferson promoted such western expansion and hoped to acquire the Spanish territory of Louisiana , west of the Mississippi River, for expansionist purposes. Early in Jefferson's presidency, the administration learned that Spain planned to retrocede the Louisiana territory to France, raising fears of French encroachment on U.S. territory. In 1802, Jefferson and Madison sent Monroe to France to negotiate
10480-478: The federal republic in favor of a centralized monarchy. When Hamilton submitted his Report on Manufactures , which called for federal action to stimulate the development of a diversified economy, Madison once again challenged Hamilton's proposal. Along with Jefferson, Madison helped Philip Freneau establish the National Gazette , a Philadelphia newspaper that attacked Hamilton's proposals. In an essay in
10611-488: The formation of a large republic. He theorizes that in large republics the large number of factions that emerge will control their influence because no single faction can become a majority. In Federalist No. 51 , he explains how the separation of powers between three branches of the federal government, as well as between state governments and the federal government, establishes a system of checks and balances that ensures that no one institution would become too powerful. As
10742-454: The honor of our country". Madison's strong opposition to the treaty led to a permanent break with Washington, ending their friendship. On September 15, 1794, Madison married Dolley Payne Todd , the 26-year-old widow of John Todd, a Quaker farmer who died during a yellow fever epidemic. Earlier that year, Madison and Dolley Todd had been formally introduced at Madison's request by Aaron Burr . Burr had become friends with her when staying at
10873-543: The larger Virginia Convention stripped the proposed constitution of the more radical language of "free expression" of faith to the less controversial mention of highlighting "tolerance" within religion. Madison again served on the Council of State, from 1777 to 1779, when he was elected to the Second Continental Congress , the governing body of the United States. During Madison's term in Congress from 1780 to 1783,
11004-462: The lead in advocating for several constitutional amendments to the Bill of Rights . His primary goals were to fulfill his 1789 campaign pledge and to prevent the calling of a second constitutional convention, but he also hoped to safeguard the rights and liberties of the people against broad actions of Congress and individual states. He believed that the enumeration of specific rights would fix those rights in
11135-623: The lowland Williamsburg climate—thought to be more likely to harbor infectious disease—might have impacted his health. Instead, in 1769, he enrolled at the College of New Jersey (later Princeton University ). His college studies included Latin, Greek, theology, and the works of the Enlightenment , and emphasized speech and debate. Madison was a leading member of the American Whig–Cliosophic Society , which competed on campus with
11266-490: The major trade routes accessed by the Mississippi River highly concerned Madison. He opposed the proposal by John Jay that the United States concede claims to the river for 25 years, and, according to historian Ralph Ketcham , Madison's desire to fight the proposal was a major motivation in his return to Congress in 1787. Leading up to the 1787 ratification debates for the Constitution , Madison worked with other members of
11397-513: The maneuverings of Clinton and the Federalists, Madison won re-election, though by the narrowest margin of any election since that of 1800 in the popular vote as later supported by the electoral vote as well. He received 128 electoral votes to 89 for Clinton. With Clinton winning most of the Northeast, Madison won Pennsylvania in addition to having swept the South and the West which ensured his victory. After
11528-416: The mid-17th century. Madison's maternal grandfather, Francis Conway, was a prominent planter and tobacco merchant. His father was a tobacco planter who grew up on a plantation , then called Mount Pleasant , which he inherited upon reaching adulthood. With an estimated 100 slaves and a 5,000-acre (2,000 ha) plantation, Madison's father was among the largest landowners in Virginia's Piedmont . In
11659-438: The new Constitution. The articles were also published in book form and used by the supporters of the Constitution in the ratifying conventions. Federalist No. 10 , Madison's first contribution to The Federalist Papers , became highly regarded in the 20th century for its advocacy of representative democracy . In it, Madison describes the dangers posed by the majority factions and argues that their effects can be limited through
11790-529: The new nation had to ensure its right to navigation on the Mississippi River and control of all lands east of it in the Treaty of Paris , which ended the Revolutionary War. Following his term in Congress, Madison won election to the Virginia House of Delegates in 1784. As a member of the Virginia House of Delegates, Madison continued to advocate for religious freedom, and, along with Jefferson, drafted
11921-419: The newspaper in September 1792, Madison wrote that the country had divided into two factions: his faction, which believed "that mankind are capable of governing themselves", and Hamilton's faction, which allegedly sought the establishment of an aristocratic monarchy and was biased in favor of the wealthy. Those opposed to Hamilton's economic policies, including many former Anti-Federalists, continued to strengthen
12052-493: The official House response to Washington's speech. He played a significant role in establishing and staffing the three Cabinet departments, and his influence helped Thomas Jefferson become the first Secretary of State . At the start of the first Congress , he introduced a tariff bill similar to the one he had advocated for under the Articles of the Confederation, and Congress established a federal tariff on imports by enacting
12183-679: The party backed New York Governor George Clinton for the vice presidency, but Adams won nonetheless. With Jefferson out of office after 1793, Madison became the de facto leader of the Democratic–Republican Party. When Britain and France went to war in 1793, the U.S. needed to determine which side to support. While the differences between the Democratic–Republicans and the Federalists had previously centered on economic matters, foreign policy became an increasingly important issue, as Madison and Jefferson favored France and Hamilton favored Britain. War with Britain became imminent in 1794 after
12314-417: The party known as the tertium quids . Randolph recruited Monroe, who had felt betrayed by the administration's rejection of the proposed Monroe–Pinkney Treaty with Britain, to challenge Madison for leadership of the party. Many Northerners, meanwhile, hoped that Vice President Clinton could unseat Madison as Jefferson's successor. Despite this opposition, Madison won his party's presidential nomination at
12445-400: The party was damaged by his association with the embargo, which was unpopular throughout the country and especially in the Northeast. With the Federalists collapsing as a national party after 1800, the chief opposition to Madison's candidacy came from other members of the Democratic–Republican Party. Madison became the target of attacks from Congressman John Randolph , a leader of a faction of
12576-468: The petitioner have standing to sue. The Court ruled that petitioners had satisfied both nexuses and therefore had standing to sue as taxpayers. First, their status as taxpayers only conferred standing to complain that expenditures made under the Congressional power to spend for the general welfare under the tax and spend clause were unconstitutional. Second, the Establishment Clause specifically limited
12707-507: The portrait of George Washington . The charred remains of the capital signified a humiliating defeat for James Madison and America. On August 27, Madison returned to Washington to view the carnage of the city. Dolley returned the next day, and on September 8, the Madisons moved into the Octagon House . The British army next advanced on Baltimore , but the U.S. repelled the British attack in
12838-430: The potential abuse of public actions, legal actions brought on behalf of the public, resulting from this ruling. Harlan argued that this ruling would upset the balance of powers, leading the Court towards becoming the " Council of Revision " as proposed but ultimately rejected in the Constitutional Convention. The Flast decision is most significant in contributing to establishing a standard for taxpayer standing; however,
12969-415: The power to look past the natural rights of its people in the name of national security. In response to the Alien and Sedition Acts, Jefferson argued that the states had the power to nullify federal law on the basis of the Constitution being a compact among the states. Madison rejected this view of nullification and urged that states respond to unjust federal laws through interposition , a process by which
13100-428: The previous administration, but that the Supreme Court did not have jurisdiction over the case. Most importantly, Marshall's opinion established the principle of judicial review . Jefferson was sympathetic to the westward expansion of Americans who had settled as far west as the Mississippi River, supported by his concern for the sparse regional demographics in the far west compared to the more populated eastern states,
13231-580: The principal congressional opponents of the plan. After prolonged legislative deadlock, Madison, Jefferson, and Hamilton agreed to the Compromise of 1790 , which provided for the enactment of Hamilton's assumption plan, as part of the Funding Act of 1790 . In return, Congress passed the Residence Act , which established the federal capital district of Washington, D.C. During the first Congress, Madison took
13362-461: The public mind and encourage judges to protect them. After studying more than two hundred amendments that had been proposed at the state ratifying conventions, Madison introduced the Bill of Rights on June 8, 1789. His amendments contained numerous restrictions on the federal government and would protect, among other things, freedom of religion, freedom of speech, and the right to peaceful assembly. While most of his proposed amendments were drawn from
13493-425: The purchase of New Orleans , which controlled access to the Mississippi River and thus was immensely important to the farmers of the American frontier. Rather than merely selling New Orleans, Napoleon's government offered to sell the entire territory of Louisiana. Despite lacking explicit authorization from Jefferson, Monroe, along with Livingston, whom Jefferson had appointed as America's minister to France, negotiated
13624-402: The ranks of the Democratic–Republican Party, while those who supported the administration's policies supported Hamilton's Federalist Party. In the 1792 presidential election , both major parties supported Washington for re-election, but the Democratic–Republicans sought to unseat Vice President John Adams . Because the Constitution's rules essentially precluded Jefferson from challenging Adams,
13755-402: The ratifying conventions, Madison was largely responsible for proposals to guarantee freedom of the press , protect property from government seizure, and ensure jury trials . He also proposed an amendment to prevent states from abridging "equal rights of conscience, or freedom of the press, or the trial by jury in criminal cases". To prevent a permanent standing federal army, Madison proposed
13886-616: The re-establishment of a national bank. He also called for increased spending on the army and the navy, a tariff designed to protect American goods from foreign competition, and a constitutional amendment authorizing the federal government to fund the construction of internal improvements such as roads and canals. Madison's initiatives to now act on behalf of a national bank appeared to reverse his earlier opposition to Hamilton and were opposed by strict constructionists such as John Randolph, who stated that Madison's proposals now "out-Hamiltons Alexander Hamilton". Responding to Madison's proposals,
14017-484: The remaining members of Madison's Cabinet were chosen merely to further political harmony, and, according to historians Ketcham and Rutland , were largely unremarkable or incompetent. Due to the opposition of Monroe and Clinton, Madison immediately faced opposition to his planned nomination of Secretary of the Treasury Gallatin as secretary of state. Madison eventually chose not to nominate Gallatin, keeping him in
14148-417: The right to veto laws passed by Congress. The Virginia Plan did not explicitly lay out the structure of the executive branch, but Madison himself favored a strong single executive . Many delegates were surprised to learn that the plan called for the abrogation of the Articles and the creation of a new constitution, to be ratified by special conventions in each state, rather than by the state legislatures. With
14279-419: The rights of happiness of man, and his most active efforts would serve devotedly the cause of civil and political liberty. After returning to Montpelier, without a chosen career, Madison tutored his younger siblings. He began to study law books in 1773, asking his friend Bradford, a law apprentice, to send him a plan of study. Madison had acquired an understanding of legal publications by 1783. He saw himself as
14410-479: The ruling permitted standing where "a specific expenditure of federal funds violates the Establishment Clause ." Justice Abe Fortas wrote similarly but advocated further to "confine the ruling" strictly to cases of federal expenditure in violation of the Establishment Clause. In a strongly worded dissent, Justice John Marshall Harlan argued against the majority's decision. Harlan believed that Frothingham
14541-454: The same Philadelphia boardinghouse. The two quickly became romantically engaged and prepared for a wedding that summer, but Todd suffered recurring illnesses because of her exposure to yellow fever in Philadelphia. They eventually traveled to Harewood in Virginia for their wedding. Only a few close family members attended, and Winchester reverend Alexander Balmain presided. Dolley became
14672-561: The settlement of the lands between the Appalachian Mountains and the Mississippi River. As Madison wrote, "a crisis had arrived which was to decide whether the American experiment was to be a blessing to the world, or to blast for ever the hopes which the republican cause had inspired." Madison committed to an intense study of law and political theory and also was influenced by Enlightenment texts sent by Jefferson from France. Madison especially sought out works on international law and
14803-586: The social pressures of being a public figure both in his own Cabinet appointment as secretary of state and afterward. As the ascent of Napoleon in France had dulled Democratic–Republican enthusiasm for the French cause, Madison sought a neutral position in the ongoing Coalition Wars between France and Britain. Domestically, the Jefferson administration and the Democratic–Republican Congress rolled back many Federalist policies; Congress quickly repealed
14934-411: The specific constitutional limitations imposed upon an exercise of the taxing and spending power ." Because the purpose of standing is to avoid burdening the court with situations in which there is no real controversy, standing is used to ensure that the parties in the suit are properly adversarial , "not whether the issue itself is justiciable ." In 1968, Florence Flast joined several others in filing
15065-421: The subject he had long argued for allowed him to respond with rational arguments to Henry's anti-Federalist appeals. Madison was also a defender of federal veto rights and, according to historian Ron Chernow "pleaded at the Constitutional Convention that the federal government should possess a veto over state laws". In his final speech to the ratifying convention, Madison implored his fellow delegates to ratify
15196-423: The taxing and spending power conferred by Art. I, §8. The Court held that the taxpayers had standing to have their suit heard by a federal court. The Court, however, expressed "no view at all on the merits of appellants' claims in this case." Justice William O. Douglas advocated dealing with the seeming contradiction by overturning Frothingham completely. Justice Potter Stewart also concurred, emphasizing
15327-513: The taxing and spending power: Our history vividly illustrates that one of the specific evils feared by those who drafted the Establishment Clause and fought for its adoption was that the taxing and spending power would be used to favor one religion over another or to support religion in general. James Madison , who is generally regarded as the leading architect of the First Amendment, observed in his famous Memorial and Remonstrance Against Religious Assessments that "the same authority which can force
15458-616: The transition into the " Era of Good Feelings " between mid-1815 and 1817, with the Federalists experiencing a further decline in influence. During the war, delegates from the New England states held the Hartford Convention , where they asked for several amendments to the Constitution. Though the Hartford Convention did not explicitly call for the secession of New England, the Convention became an adverse political millstone around
15589-596: The treasury department. Madison settled instead for Robert Smith to be the secretary of state. However, for the next two years, Madison performed most of the job of the secretary of state due to Smith's incompetence. After bitter intra-party contention, Madison finally replaced Smith with Monroe in April 1811. With a Cabinet full of those he distrusted, Madison rarely called Cabinet meetings and instead frequently consulted with Gallatin alone. Early in his presidency, Madison sought to continue Jefferson's policies of low taxes and
15720-445: The treaty, and the House, with equal alacrity, passed enabling legislation. Early in his tenure, Jefferson was able to maintain cordial relations with both France and Britain, but relations with Britain deteriorated after 1805. The British ended their policy of tolerance towards American shipping and began seizing American goods headed for French ports. They also impressed American sailors, some of whom had originally defected from
15851-465: The weakness of the central government. He believed that direct democracy caused social decay and that a Republican government would be effective against partisanship and factionalism. He was particularly troubled by laws that legalized paper money and denied diplomatic immunity to ambassadors from other countries. Madison was also concerned about the lack of ability in Congress to capably create foreign policy, protect American trade, and foster
15982-415: Was re-elected in 1812 . The war convinced Madison of the necessity of a stronger federal government. He presided over the creation of the Second Bank of the United States and the enactment of the protective Tariff of 1816 . By treaty or through war, Native American tribes ceded 26,000,000 acres (11,000,000 ha) of land to the United States under Madison's presidency. Retiring from public office at
16113-550: Was a member of the Virginia House of Delegates and the Continental Congress during and after the American Revolutionary War . Dissatisfied with the weak national government established by the Articles of Confederation , he helped organize the Constitutional Convention , which produced a new constitution designed to strengthen republican government against democratic assembly. Madison's Virginia Plan
16244-399: Was an American statesman, diplomat, and Founding Father who served as the fourth president of the United States from 1809 to 1817. Madison was popularly acclaimed the " Father of the Constitution " for his pivotal role in drafting and promoting the Constitution of the United States and the Bill of Rights . Madison was born into a prominent slave-owning planter family in Virginia . He
16375-562: Was commissioned as the colonel of the Orange County militia, serving as his father's second-in-command until he was elected as a delegate to the Fifth Virginia Convention , which was charged with producing Virginia's first constitution . Although Madison never battled in the Revolutionary War, he rose to prominence in Virginia politics as a wartime leader. At the Virginia constitutional convention, he convinced delegates to alter
16506-420: Was correct in its conclusion, despite his disagreement with some of its reasoning. He argued that the United States collects and holds taxes not as a "stakeholder or trustee" for taxpayers, but as a "surrogate for the population at large." Therefore, in alignment with Frothingham , Harlan believed that individuals did not have standing as taxpayers to sue over federal expenditures. He also expressed concern about
16637-577: Was disappointed that the Bill of Rights did not include protections against actions by state governments, but the passage of the document mollified some critics of the original constitution and shored up his support in Virginia. Ten amendments were finally ratified on December 15, 1791, becoming known in their final form as the Bill of Rights. After 1790, the Washington administration became polarized into two main factions. One faction, led by Jefferson and Madison, broadly represented Southern interests and sought close relations with France. This faction became
16768-406: Was elected the nation's first president . After Virginia ratified the constitution, Madison returned to New York and resumed his duties in the Congress of the Confederation. After Madison was defeated in his bid for the Senate, and with concerns for both his political career and the possibility that Patrick Henry and his allies would arrange for a second constitutional convention, Madison ran for
16899-547: Was highly dependent on the demand of American consumers and would suffer heavily if this market was denied to the British. Washington secured friendly trade relations with Britain through the Jay Treaty of 1794. Madison and his Democratic–Republican allies were outraged by the treaty; the Democratic–Republican Robert R. Livingston wrote to Madison that the treaty "sacrifices every essential interest and prostrates
17030-410: Was sworn in for a second term, making him the first U.S. vice president to serve under two presidents. Unlike Jefferson, who enjoyed relatively unified support, Madison faced political opposition from previous political allies such as Monroe and Clinton. Additionally, the Federalist Party was resurgent owing to opposition to the embargo. Aside from his planned nomination of Gallatin for secretary of state,
17161-447: Was the basis for the convention's deliberations. He became one of the leaders in the movement to ratify the Constitution and joined Alexander Hamilton and John Jay in writing The Federalist Papers , a series of pro-ratification essays that remains prominent among works of political science in American history. Madison emerged as an important leader in the House of Representatives and was
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