Professor Gibson has offered me the opportunity have the “last word” in our debate about James Madison, and I am glad to accept. First, though, I want to express my deepest appreciation for the essay he wrote—I think roughly twice as long as my own!—in response to my remarks about Madison’s “fatherhood” of the Constitution. […]
It’s Time for a DNA Test to Determine Paternity of the Constitution
One of the hoariest cliches of American constitutional history is that James Madison is the “father of the Constitution.” Wikipedia, an authoritative source on conventional wisdom, states that “[h]e is hailed as the ‘Father of the Constitution’ for his pivotal role in drafting and promoting the Constitution of the United States and the United States Bill of Rights.” […]
Reflections on Constitutional Reform
First things first: Let me commend those who are behind this project to rethink the adequacy of the United States Constitution and to suggest some important reforms. The most important legacy of those who framed the Constitution in 1787 is less their specific handiwork, which they recognized would have inevitable flaws and imperfections—thus the need […]