[Congressional Record (Bound Edition), Volume 146 (2000), Part 14]
[Senate]
[Pages 20039-20041]
[From the U.S. Government Publishing Office, www.gpo.gov]



               JAMES MADISON COMMEMORATION COMMISSION ACT

  Mr. SESSIONS. Mr. President, March 16, 2001, will mark the 250th 
anniversary of the birth of James Madison, who clearly earned the 
title: Father of our Constitution.
  This great American devoted his life to the service of his country 
and his fellow man, and that service played an essential role in 
creating and protecting the constitutional liberty that we enjoy today.
  Accordingly, I intend to offer the bipartisan James Madison 
Commemoration Commission Act to celebrate the life and contributions of 
this small man who was a giant of liberty.
  James Madison was born on March 16, 1751 in Port Conway, VA. He was 
raised at Montpelier, his family's estate in Orange County, VA. He 
attended the College of New Jersey, now known as Princeton University, 
where he excelled academically and graduated in 1771. Shortly after his 
graduation, Madison embarked on a legal career. In 1774, at the age of 
23, Madison entered political life. He was first elected to the Orange 
County Committee of Safety. Following that, he was elected as delegate 
to the Constitutional Convention of Virginia in 1776. He next served as 
a member of the Continental Congress from 1780 to 1783. This provided 
him marvelous insight into the nature of our early American government 
and ideals.
  After America won its freedom at Yorktown, the country looked to 
strengthen the government that had proven too helpless under the 
Articles of Confederation. A Constitutional Convention was called in 
Philadelphia. It was here that Madison was to play the most important 
role of his life, dwarfing, in my view, his subsequent excellent 
service to his country.
  From 1784 to 1786, Madison was a member of the Constitutional 
Convention. He served as a primary draftsman of the Constitution. 
Thomas Jefferson, who was in France at the time, and who did not 
participate in the Constitutional Convention, did suggest a number of 
books that would aid the young draftsman in preparing for his historic 
task. With these books and others, Madison engaged in an extensive 
study of the ancient governments

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of Greece and Rome and of the more modern governments of Italy and 
England, among others. No one came to Philadelphia so intentionally, 
practically, and historically prepared to create a new government.
  Madison posed his task as follows:

       If men were angels, no government would be necessary. If 
     angels were to govern men, neither external nor internal 
     controls on government would be necessary. In framing a 
     government which is to be administered by men over men, the 
     great difficulty lies in this: you must first enable the 
     government to control the governed; and in the next place, 
     oblige it to control itself.

  This he wrote in Federalist No. 51.
  At the convention, delegates made impassioned arguments regarding the 
relative powers of big States, small States, Northern States, Southern 
States, and there were those who feared that a strong national 
government might dominate all States. In month after month of untiring 
argument, careful persuasion, and creative compromise, Madison reached 
answers upon which the delegates could agree. There would be a Federal 
Government of separated and enumerated powers. Large States would have 
their votes based on population in the House of Representatives. Small 
States would have equal, two-vote, representation in this body, the 
Senate.
  Further, the powers of the Federal Government would be limited to 
enumerated objects in order to protect all the States from Federal 
overreaching. Madison described the Federal Republic, states and 
federal governments, that the Constitution envisioned as follows:

       In the compound republic of America, the power surrendered 
     by the people is first divided between two distinct 
     governments, and then the portion allotted to each subdivided 
     among distinct and separate departments. Hence a double 
     security arises to the rights of the people. The different 
     governments will control each other, at the same time that 
     each will be controlled by itself.

  He was writing that in Federalist No. 51.
  In addition to playing a leading role in framing this new government, 
Madison also made detailed notes on the proceedings of the 
Constitutional Convention. Madison's notes on the Constitutional 
Convention have proven the most extensive and accurate account of how 
our Founding Fathers framed the greatest form of government in the 
history of mankind.
  Once the Constitutional Convention reached an agreement, the States 
had to ratify the Constitution and make it binding fundamental law. 
Madison contributed to that fight for ratification in three ways. It 
was a critical, tough fight.
  First, he joined with Alexander Hamilton and John Jay in drafting the 
Federalist Papers which were circulated among New York newspapers under 
the pseudonym Publius.
  These papers contained perhaps the most vivid and profound pages of 
practical political philosophy ever produced. They answered with force 
and eloquence the arguments of the anti-federalists and helped sway 
public opinion toward ratification.
  Second, Madison fought in the Virginia ratification convention for 
the adoption of the Constitution.
  It was critical that Virginia ratify the Constitution. Joining with 
John Marshall, the future great Chief Justice of the Supreme Court, 
Madison argued against the fiery orator, Patrick Henry. Henry, who 
argued so forcefully for declaring independence from Great Britain, 
charged that the new Constitution would vest too much power in the 
Federal Government. Madison countered that the powers of the Federal 
Government would be limited to enumerated objects and subject to the 
control of people.
  Third, Madison helped to develop the Bill of Rights which limited the 
power of the Federal Government further and ensured the power of the 
states and the liberty of the people. He was a critical drafter in the 
development of the Bill of Rights.
  Madison's herculean efforts, along with the efforts of others, 
resulted in the ratification of the Constitution with a Bill of Rights. 
This constitutional government enabled a fledgling democracy to grow 
into the most powerful force for liberty the world has ever known. He 
was the right man at the right time.
  Notwithstanding Madison's intellectual prowess and the thoughtful, 
reflective approach he brought to problem-solving, humility was the 
hallmark of this man. In later years, when he was referred to as the 
Father of the Constitution, Madison modestly protested that the 
document was not ``the offspring of a single brain'' but ``the work of 
many heads and many hands.'' It was true, but it was done under his 
nurturing care.
  After Madison's service at the Constitutional Convention, he served 
in the U.S. House of Representatives for four terms. When Thomas 
Jefferson was elected President in 1801, he selected Madison to serve 
as his Secretary of State.
  At the conclusion of Jefferson's administration, the American people 
twice elected James Madison President of the United States. As 
President, he watched over the very government he played such a crucial 
role in creating. And his steady leadership in the War of 1812 against 
Great Britain helped guide America to victory.
  While these accomplishments are remarkable indeed, the really 
remarkable thing is the enduring nature of Madison's imprint on 
American history. Amended only 17 times after its ratification with the 
Bill of Rights, the Constitution that Madison drafted still provides 
the same basic structure upon which our government operates today and 
that we comply with every day in this body.
  The Supreme Court still quotes the Federalist Papers that Madison 
drafted. And Madison's concept of federalism is the subject of renewed 
debate in the Supreme Court and Congress at this time.
  The Constitution that Madison drafted, and his writings that have 
guided generations of Americans in interpreting that Constitution, are 
still the envy of the world. Madison's wisdom and foresight have been 
proven by the indisputable success of the American constitutional 
experiment. Indeed, while we are a young country, this nation has the 
oldest continuous written Constitution in the world. It is a beacon and 
example for others. Many try and are not able to make it work, but they 
have modeled their constitutions so often after ours.
  Why has it worked? Because Madison understood that the law must be 
suited to the people it is intended to govern. In Federalist No. 51, 
Madison stated:

       What is government itself but the greatest of all 
     reflections on human nature?

  And a constitution that protects liberty is suited to a people who 
love liberty to the extent that they are willing to fight and die for 
it.
  So, Mr. President, it is with great pride that I join with other 
Senators on both sides of the aisle, including Senators Byrd, Thurmond, 
Moynihan, Warner, and Robb, to offer at the appropriate time, this bill 
establishing the James Madison Commemoration Commission. The Commission 
will celebrate the 250th anniversary of James Madison's birth on March 
16, 2001.
  The commission will consist of 19 members: The Chief Justice of the 
Supreme Court, the Majority and Minority Leaders of the Senate, the 
Speaker and Minority Leader of the House, the Chairmen and Ranking 
Members of the Senate and House Judiciary Committees, two Members of 
the Senate selected by the Majority Leader, two Members of the Senate 
selected by the Minority Leader, two Members of the House of 
Representatives selected by the Speaker, two Members of the House of 
Representatives selected by the Minority Leader of the House, and two 
members of the Executive Branch selected by the President. A person not 
able to serve may designate a substitute. Members will be chosen based 
on their position at the end of the 106th Congress and will continue to 
serve until the expiration of the Commission.
  The bill will also create an Advisory Committee with 14 members, 
including: the Archivist of the United States, the Secretary of the 
Smithsonian Institute, the Executive Director of Montpelier, the 
President of James Madison University, the Director of the James 
Madison Center, the President of the

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James Madison Memorial Fellowship Foundation, 2 persons who are not 
Members of Congress selected by the majority leader of the Senate, with 
expertise on the legal and historical significance of James Madison, 2 
persons who are not Members of Congress, selected by the minority 
leader of the Senate, 2 persons who are not Members of Congress, 
selected by the Speaker of the House, and 2 persons who are not Members 
of Congress, selected by the minority leader of the House.
  With the aid of the Advisory Committee, the Commission will:
  1. Publish a collection of Madison's most important writings and 
tributes to Madison;
  2. Coordinate and plan a symposium to provide a better understanding 
of Madison's contributions to American political culture;
  3. Recognize other events celebrating Madison's life and 
contributions;
  4. Accept essay papers from students on Madison's life and 
contributions and award certificates as appropriate; and
  5. Bestow honorary memberships on the Commission and the Advisory 
Committee.
  The bill authorizes $250,000 for the Commission. This will be used 
for the expenses of publishing the book and hosting a symposium.
  The Commission will expire after its work is done in 2001.
  Mr. President, I believe this work is truly important to our country. 
I ask all my colleagues--and we have had a growing number of 
individuals who have joined as co-sponsors of this bill--to join in 
this effort to commemorate the Father of our Constitution and perhaps 
the greatest practical political scientist who ever lived, James 
Madison.
  I yield the floor.
  Mr. KENNEDY. Mr. President, I am pleased to gain Senator Sessions as 
a cosponsor of the James Madison Commemoration Commission Act. It is 
appropriate that we honor James Madison for his exemplary contributions 
to our country.
  The Commission will build on the success of the James Madison 
Fellowship Foundation, which Senator Hatch and I cochair. We are very 
proud of the work of the Madison Fellows. They are among the most 
accomplished, talented, and dedicated educators in the Nation. They are 
committed to educating children across the country about the value of 
learning, the importance of the Constitution, and the significance of 
public service.
  I hope that this new Commission honoring James Madison will breathe 
new life into the Constitution for people across the country.
  The PRESIDING OFFICER. The Senator from Pennsylvania is recognized.

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