By Leopoldo Nachbin (Eds.)
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Just Whose Constitution Is It, Anyway? Concerned about the constitutionality question, Washington consulted Thomas Jeﬀerson and Attorney General Edmund Randolph, who had been an inﬂuential member of the Committee of Detail at the Constitutional Convention. They both backed Madison’s main contention that powers not speciﬁcally granted to Congress were forbidden to it. Madison’s position, incidentally, was seemingly at odds with his argument in Federalist Paper no. ”12 Turning to Hamilton, Washington gave him the opportunity to defend his legislation against these substantial attacks.
Interestingly, two of the eight members of the House who had been delegates to the Constitutional Convention supported the legislation, while the other six, led by James Madison, opposed it. With the aid of a tie-breaking vote in the Senate by Vice President John Adams, Washington’s position prevailed. 8 There were other clashes over the propriety of presidential actions. ” From their much narrower perspective on the proper powers of the national government, Madison and Jeﬀerson raised concerns about matters that we now take for granted.
Saying that the government should control public passion is quite diﬀerent from saying that it is improper for the president or other government oﬃcials to make appeals to the public on matters of public interest. In fact, Madison in this paper explicitly recognizes that presidents and other members of the government would be expected to make appeals to the public. ” In such an “appeal to the people,” which he also called a “trial,” Madison argued that the executive and judiciary branches would be hopelessly outclassed.