James Madison and the Indispensable Provision

James Madison

Since the U.S. House of Representatives voted to formalize an Impeachment Inquiry today, I thought it a good time to reflect on first principles.

In July of 1787 the Founding Fathers were still in Philadelphia drafting our Constitution. James Madison, known in our history as the Father of the U.S. Constitution, played a major part in organizing the convention and constructing the final draft of the Constitution and then getting it ratified by the states.

Below is a segment from a transcript taken on July 20th during the constitutional convention, as the debate turned to a provision for removing a President from office. Here is Madison discussing why this provision was so important:

Mr. MADISON thought it indispensable that some provision should be made for defending the Community against the incapacity, negligence or perfidy of the chief Magistrate. The limitation of the period of his service, was not a sufficient security. He might lose his capacity after his appointment. He might pervert his administration into a scheme of peculation or oppression. He might betray his trust to foreign powers. The case of the Executive Magistracy was very distinguishable, from that of the Legislature or of any other public body, holding offices of limited duration. It could not be presumed that all or even a majority of the members of an Assembly would either lose their capacity for discharging, or be bribed to betray, their trust. Besides the restraints of their personal integrity & honor, the difficulty of acting in concert for purposes of corruption was a security to the public. And if one or a few members only should be seduced, the soundness of the remaining members, would maintain the integrity and fidelity of the body. In the case of the Executive Magistracy which was to be administered by a single man, loss of capacity or corruption was more within the compass of probable events, and either of them might be fatal to the Republic. (Bolding added)

The evidence before us brings Madison’s concerns front and center. For most of us, at least, there is no denying what stands in front of us. The only real question now is whether Americans will act to “support and defend the Constitution and laws of the United States of America…”.*

In overcoming this historic challenge we should draw inspiration from the words of Abraham Lincoln: “Let us have faith that right makes might, and in that faith, let us, to the end, dare to do our duty as we understand it.”

One thought on “James Madison and the Indispensable Provision

  1. Pingback: Diary of a Scribbler: James Madison and the Indispensable Provision – Fly 'n Things

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