The preamble to the American Constitution begins with the phrase, "We the People," but could the people of America be counted on to do the right thing all or even most of the time? The principal architect of the Constitution, James Madison, gave this question a great deal of thought.
His answer was a decided no. Quote, "Whenever there is an interest and power to do wrong," he said, "wrong will generally be done." For his new nation, Madison wanted as much freedom as possible with as little government as possible.
In a democratic society, the threat of tyranny comes from the people themselves.
The majority will, if it can, put its own interests above those of the minority and generally not hesitate to deprive it of its rights and freedoms.
This is why Madison was preoccupied with the problem of what he called faction, the word he used for any kind of organized pressure group.
Yet of the two types of factions, he considered a majority faction to be more dangerous.
But who will curb the majority? This is the central purpose of the Constitution, to limit, frustrate, and in some cases block majority rule.
As Madison put it, the great task was to devise a document that would, quote, "first enable the government to control the governed," and quote, "in the next place oblige it to control itself." How to do this? Madison had a plan.
We need to remember that prior to the American Constitution, no country in the world had one.
And since the adoption of the U.S. Constitution, many countries have had constitutions that came and went, some lasting just a few years.
The original document was written on four pieces of parchment and is 4,543 words long.
Its remarkable brevity perfectly matches its purpose, to create a framework for a limited government.
To Madison, this meant that the authority of the federal government should cover certain listed or enumerated areas, but outside those areas, the government has no authority.
That's why the first 10 amendments to the Constitution, known as the Bill of Rights, contain a series of limitations on government.
The rights in the Bill of Rights typically begin, quote, "Congress shall make no law." Congress shall make no law restricting free speech or freedom of the press or the free exercise of religion.
The preamble to the American Constitution begins with the phrase, "We the People," but could the people of America be counted on to do the right thing all or even most of the time? The principal architect of the Constitution, James Madison, gave this question a great deal of thought.
His answer was a decided no. Quote, "Whenever there is an interest and power to do wrong," he said, "wrong will generally be done." For his new nation, Madison wanted as much freedom as possible with as little government as possible.
In a democratic society, the threat of tyranny comes from the people themselves.
The majority will, if it can, put its own interests above those of the minority and generally not hesitate to deprive it of its rights and freedoms.
This is why Madison was preoccupied with the problem of what he called faction, the word he used for any kind of organized pressure group.
Yet of the two types of factions, he considered a majority faction to be more dangerous.
But who will curb the majority? This is the central purpose of the Constitution, to limit, frustrate, and in some cases block majority rule.
As Madison put it, the great task was to devise a document that would, quote, "first enable the government to control the governed," and quote, "in the next place oblige it to control itself." How to do this? Madison had a plan.
We need to remember that prior to the American Constitution, no country in the world had one.
And since the adoption of the U.S. Constitution, many countries have had constitutions that came and went, some lasting just a few years.
The original document was written on four pieces of parchment and is 4,543 words long.
Its remarkable brevity perfectly matches its purpose, to create a framework for a limited government.
To Madison, this meant that the authority of the federal government should cover certain listed or enumerated areas, but outside those areas, the government has no authority.
That's why the first 10 amendments to the Constitution, known as the Bill of Rights, contain a series of limitations on government.
The rights in the Bill of Rights typically begin, quote, "Congress shall make no law." Congress shall make no law restricting free speech or freedom of the press or the free exercise of religion.
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