A Summary Of The Exchange Between Thomas Jefferson And James Madison

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After reading the exchange between Thomas Jefferson and James Madison on the question of central importance to American constitutionalism—whether any Constitution, including the United States Constitution, needs to be positively reauthorized or not by every succeeding generation for it to remain legitimate, I believe that what Jefferson demands in his letter as in all too much else, is ignorance, even rage against the past. His principle on expiring the constitution and laws every 19 years would only result in weak government that offers no social continuity and stability. In his letter written on September 6 1789, Thomas Jefferson wrote to James Madison from Paris that “the question whether one generation of men has a right to bind another, …show more content…

If one generation could withhold usufruct from those to come, then “the lands would belong to the dead, and not the living.” He also applies his principle to public debts; he believed that one generation could not be burdened with the debts of the other because of the law of nature, where “one generation is to another as one independent nation to another” so there is no moral obligation for one generation to take on the debts of their ancestry. In his view, if no debt could be contracted for payment beyond the term of 19 years, it would save people from oppressive taxes and reduce the power to borrow within natural limits. Furthermore, and most importantly, he applies his principle to the constitution and laws of government, in which he says “no society can make a perpetual constitution or even a perpetual law… Every constitution then, and every law, naturally expires at the end of 19 years. If it be enforced longer, it is an act of force, and not of right.” According to him, flaws in representation and various forms of corruption in succeeding generation make repeal too difficult to amend perpetual constitution and law; it is better for each generation to ignore the precedent and change fundamental laws as it …show more content…

However, after reading Madison’s side of argument, I could not help but agree with all of his points, and I believe that Jefferson’s theory would only be more detrimental than beneficial. A fresh start is always appealing to many—erase mistakes, start anew, if one does not like the end result, one can restart—it could be a great thing, depends on what one naturally would make use of in that fresh start. We already have the right to change the constitution through the amendment process and through the calling of a constitutional convention if needed. Jefferson’s idea would require rewriting the constitution every 19 years, whether it was working well with the previous generation or not. The constitution governs for the long-term, it was written in a way to make it difficult to change, but not impossible. The problem with changing constitution habitually when there is nothing wrong with it is the lack of stability and continuity on the socio-economic governance, which would result in a weak government, and event anarchy. What if the previous made an excellent improvement to the country, but then the 19-year expiration date

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