James Madison born on March 16,1751 was known as the “Father of the Constitution”. Madison was best known as for his works, “The Federalist Papers” that he co-authored as well as being a member of the House of Representatives. The Federalist Papers was a bill of article that described the makings of the Constitutions. James Madison was also the co-founder of the first political party in America. He also attended the now known as “Princeton University” where he studied history and law.
Madison’s theory was that the greatest threat to the government was the majority or what he referred to as the “faction”. He believed that the majority’s power would destruct the government, so he mapped out a plan where it would decrease the power of the majority. He argued that minorities aren’t a direct threat to the government because they can’t gain their own end. Madison believed that the growth of injustice and faction was solely because of mankind.
As a result, he implemented a system that would govern the majority and ceases the unjust coming from the majority. He formed a larger government system known as an “Extensive Republic” that would make it difficult for the majority to unify due to alike alliances. This particular government consisted of more diverse population and allowed for more diverse perspectives. Madison’s whole theory for creating this new government was for his belief in a self-government. He believed in practicing human law where all of the laws were dependent on the citizens and their best interest in the country.
From James Madison’s works and influences it shows that he seen the difference between higher law and human law. Through his various implementations and advocacies Madison was more for human law rather higher law. Madison’s strong beliefs for a self-centered government supported his theories for human law. In his perspective allowing the citizens to dictate and agree on laws was more efficient than allowing the powerful majority join together based on similar views. James also advocated for a diverse population he wanted for the government to be solely ran by the people. In his works the Federalist Madison was opposed to having 3 branches of government. He stated that, “Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place.” Madison believed in exercising your freedom and not allowing the government to hinder individuals rights. Madison’s whole theory was to create a self-centered government where public opinion reigned supreme.
James Madison believed in not allowing the government to make human laws so they would not compromise the right to the freedoms. This led to the creation of the Bill of Rights which was created by James Madison which are also the first 10 amendments of the constitution. The Bill of Rights was a creation to solidify the freedoms that individuals were entitled to that the government could not compromise. His theory was that the government and religion were directly correlated and together they could be powerful. Madison wanted for all of the branches of government to have separate powers. He also advocated and questioned the validity and trustworthiness of having a government made up of all men. As a result of his advocacy checks and balances were created where one branch could check the other. All of the elected governmental official terms were dependent not on other officials but based solely on the citizens.
James Madison was an advocate for the people who believed in human law more than higher law. He didn’t believe in putting all of the power in the hands of men in higher law based on his views of how men react and their integrity. Madison implemented several bills, amendments as well as co-authored the constitution to protect the rights of citizens. All of his works were created in support of the freedom for citizens, the freedom of religion, press, and speech. Moreover, he created an extended republic so that all of the power wasn’t put into one man and allowed for them to be disbursed equally. Madison supported the equality of all man which allowed for the creation of checks and balances. In addition, all of his creations supported his opposition for the majority and their oppression to the minorities. All in all, Madison’s legal theory was supportive to human law and shows his opposition against the domination of higher law.
References
1. Sheehan, C. (2018). James Madison: Father of the Constitution. Retrieved from https://www.heritage.org/political-process/report/james-madison-father-the-constitution
2. Madison, Federalist No. 51, in Hamilton, Madison, and Jay, The Federalist Papers, p. 319
3. Madison, "Public Opinion."
4. Magnet, M., City Journal, & National Humanities Medal. (2016, January 27). James Madison and the Dilemmas of Democracy. Retrieved from https://www.city-journal.org/html/james-madison-and-dilemmas-democracy-13359.html