James Madison,Justice Scalia,and Constitutional Interpretation

James Madison (1751–1836), so-called “Father of the Constitution,” held consistently throughout his long public career to a version of textualism regarding constitutional interpretation. It is surprising that for the author of the authoritative notes of the Federal Convention, Madison downplayed altogether the original intent of the constitutional Framers. From 1796 until his death Madison insisted that if constitutional meaning was to be searched for outside the text, the relevant sources to consult were ratifying conventions of the states, and “other public indications” at the time of ratification. In today's parlance Madison adopted a “fair-meaning textualism” method of constitutional interpretation and rejected the “original intent” jurisprudence favored by some modern-day commentators. This textualism appears to have been the method followed by the late Justice Antonin Scalia. Madison also believed in a living Constitution–one that had life and validity breathed into it by the ratifiers, and hence the people, not by its Framers.     

Representation in Congress and the Executive: Rethinking the Perspectives of James Madison

This article contributes to the development of a "revised" interpretation of James Madison's views on representation. I suggest that Madison's approach to representation is more complex than has been recognized. Specifically, Madison believed different "styles" of representation are necessary for the House, Senate, and President because of the unique functions served by each institution. "Style" refers both to the nature of the representative-constituency relationship (the "role" of the representative) and the character of the individual most likely to be selected as representative. In Madison's scheme, the proper functioning of each institution is guaranteed only if the method of selection insures the appropriate role is maintained and persons of proper character are selected. Throughout the essay, I note significant differences between the arguments which Madison put forward in the Constitutional Convention and those he defended in the Federalist essays.     

After Madison. Public-Spiritedness and Local Political Life

This article examines the themes of political community, race, family, and history in the John Sayles film Lone Star. Although Sayles explicitly states that he is using the film to call into question many of the boundaries that individuals and communities take for granted, the author suggests that the film presents a more complex and more positive view of the place of boundaries in the life of an individual or a community.