03 Madison Sends the Constitution, and Mentions a Problem
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On October 24, 1787, five weeks after the Constitutional Convention adjourned, James Madison sends Thomas Jefferson in Paris his complete account of how the Constitution was made — a letter so long he begs pardon midway for an "immoderate digression." He frames the Convention's four "great objects," walks through the debates over the presidency and the Senate, and mounts a long, brilliant defense of an idea he fought for and lost — a federal power to veto state laws — revealing that the Constitution's chief architect was privately disappointed in the result. The episode's spine is the letter's close, where Madison reports the first organized opposition: Edmund Randolph's refusal to sign, and George Mason leaving Philadelphia "in an exceeding ill humour," holding the want of a bill of rights "a fatal objection." Madison reports it almost in passing — unaware that Jefferson is about to make that objection the cause that produces the Bill of Rights. Per Jefferson's epistolary journal the letter reached Paris on December 19, 1787; his reply — Episode 4 — is dated December 20. Eight weeks at sea, answered in a day.
Key Themes.
● The Constitution arrives, carried across the ocean by letter
● Madison's private disappointment: structure over enumerated rights
● The federal "negative" on state laws — the great idea Madison lost
● Mason's "fatal objection" as the seed of the Bill of Rights
● Where does the threat to liberty come from — the states, or the nation?
● Eight weeks at sea, answered in a day: the tempo of the friendship