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Notes for Speech in Congress (June 8, 1789)

[ca. 8 June 1789]
Reasons for urging amendts.
1. to prove fedts. friends to liberty
2. remove remaining inquietudes
3. bring in N. C. & R. Island.
4. to imrpove the Constitution
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Reasons for moderating the plan
1. No stop if door opend to theoretic amendts.
2. as likely to make worse as better till trial
3. insure passage by 2/3 of Congs. & 3/4 of Sts.
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Objectns. of 3 kinds vs the Constn:
1. vs. the theory of its structure
2. vs. the substance of its powers—elections & direct taxes
3. vs omission of guards in favr. of rights & liberts
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The last most urged & easiest obviated.
Read the amendments-
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They relate 1st. to private rights-
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Bill of Rights-useful-not essential-
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Fallacy on both sides-especy as to English Decln. of Rts-
1. mere act of parlt.
2. no freedom of press-Conscience Gl. Warrants-Habs. corpus jury in Civil Causes-criml.
attainders-arms to Protestts.
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frequent parlts. cheif trust-
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freedom of press & of Conscience unknown to Magna Cha. & Pet: Rts
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Contents of Bills of Rhts-
1. assertion of primitive equality &c.
2. do. of rights exerted in formg. Govts.
3. natural rights, retained-as Speech, Con:
4. positive rights resultg-as trial by jury
5. Doctrinl. artics. as Depts. distinct-Electns free
6. moral precepts for the administrn. & natil. charachter-as justice-(Economy-&c-
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Object of Bill of Rhts To limit & qualify powr. by exceptg. from grant cases in wch. it shall not be exercised or exd. in a particular manner.
to guard 1. vs. Executive & in Engd. &c-
2. Legislative as in Sts-
3. the majority of people
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ought to point vs greatest danger which in Rep: is Prerogative of majority-
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Here proper, tho' less nessary., than in small Repubs-
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Objectns. vs. Bill of Rhts.
1. in Elective Govt. all power in people hence unnec[e]ssary & improper-this vs Sts-
2. In fedl. Govt. all not given retained-
Bill of powers-needs no bill of Rhts-
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Sweeping clause-Genl Warrants &C
3. St: Bills not repeald.-
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too uncertain
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Some Sts have not bills-others defect:-others-injurious-as Protestts.
4. dispar[a]ge other rights-or constructively enlarge-
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the first goes vs St: Bills-
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both guarded vs. by amendt.
5. Not effectl. vs. Sts also-but some check
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Courts will aids-also Ex: also.
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Sts Legisls: watch
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Time sanctify-incorporate public Sentiment
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Bills of Rts. ergo. proper-
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II increase of Reps. 2 for each H.
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III pay of Congs.
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IV Interdict to States as to Conscience-press-& Jury-
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this more necsy. to Sts. than Congs.
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V Check on appeals-& Common Law-
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VI. partn. as to 3 Depts. & do. as to Genl. & St: Govts.
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1789-6-8

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      Source & Citation Info

      title:“Notes for Speech in Congress”
      authors:James Madison
      date written:1789-6-8

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      to this version:
      http://consource.org/document/notes-for-speech-in-congress-1789-6-8/20130122080052/
      last updated:Jan. 22, 2013, 8:00 a.m. UTC
      retrieved:Aug. 21, 2014, 8:14 a.m. UTC

      transcription
      citation:
      Madison, James. "Notes for Speech in Congress." The Papers of James Madison. Vol. 12. Ed. C.A . Stagg. Charlottesville: University of Virginia Press, 1979. 193-95. Print.
      manuscript
      source:
      Manuscript Division, Library of Congress