Essay Series

Introduction

By Michael Gerhardt and Jeffrey Rosen of the National Constitution Center

Michael Gerhardt and Jeffrey Rosen take a look at the scholars participating in this essay series and how they offer insights on the Madisonian Constitution, the likely developments undermining its objectives, and possible solutions for its restoration.

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A Madisonian Constitution for All Essay Series eBook

View the A Madisonian Constitution for All Essay Series eBook featuring the introduction and all essays in one place.

From a Fixed, Limited Presidency to a Living, Flexible, Boundless Presidency

By Saikrishna Prakash of the University of Virginia School of Law

Saikrisha Prakash argues that the Constitutional Convention created a Presidency that was stronger than is commonly recognized today, but that events over the following two centuries have made the Presidency stronger still, and have erased most of the Constitution's key limits on presidential power.

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The Constitution, the Presidency, and Partisan Democracy: Congress Revises the Electoral College, 1803-1804

By Sean Wilentz of Princeton University

Sean Wilentz explores the drama around the original Electoral College in the elections of 1796 and 1800, leading to the adoption of the Twelfth Amendment in 1804, to show that James Madison and the other Framers were just as familiar with the rough-and-tumble of presidential politics as we are today.

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Revisiting and Restoring Madison’s American Congress

By Sarah Binder of The George Washington University

Sarah Binder says that, while Madison's vision for Congress has been a sweeping success throughout American history, increased political polarization has weakened Congress and made it harder for it to play its intended constitutional role. 

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Recovering a Madisonian Congress

By Daniel Stid of the William and Flora Hewlett Foundation

Daniel Stid considers the different factors, chiefly political polarization, that have led Congress to abdicate so many of its powers to the President, and explores a number of reforms that could help restore the Congress that Madison envisioned.

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The Relevance and Irrelevance of James Madison to Faithful Constitutional Interpretation

By Michael Stokes Paulsen of the University of St. Thomas School of Law

Michael Stokes Paulsen discusses Madison's views toward constitutional interpretation, which he viewed as equally the province of each branch of government, not just the courts, and believed must follow the text of the Constitution as originally understood.

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James Madison and the Judicial Power

By Jack Rakove of Stanford University

Jack Rakove explores one of Madison's ideas that was not adopted by the Constitutional Convention: a "council of revision" including the President and the Supreme Court that would address constitutional problems with laws passed by Congress.

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Madison’s America: Deliberative Republicanism, Political Communication, & the Sovereignty of Public Opinion

By Colleen Sheehan of Villanova University

Colleen Sheehan contends that, while Madison did seek to prevent "tyranny of the majority," he also wanted to empower national majorities to govern wisely. But advances in technology and increased polarization have undermined the "deliberative Republic" Madison envisioned.

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'The Ultimate Justice of the People’ Madison, Public Opinion and the Internet Age

By Greg Weiner of Assumption College

Greg Weiner says that Madison believed in the sovereignty of public opinion but that true public sentiment forms gradually through deliberation, giving time for passions to cool. Modern advances in technology have undermined this vision, as public opinion now forms almost instantaneously.

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