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Jefferson, Madison, and the Making of the Constitution$
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Jeff Broadwater

Print publication date: 2019

Print ISBN-13: 9781469651019

Published to North Carolina Scholarship Online: May 2020

DOI: 10.5149/northcarolina/9781469651019.001.0001

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(p.201) Afterword
Jefferson, Madison, and the Making of the Constitution

Jeff Broadwater

University of North Carolina Press

The afterword deals briefly with constitutional issues Jefferson and Madison faced after the Constitution and the Bill of Rights were adopted. These included questions involving the need for Senate approval of the removal of an executive official whose appointment required Senate confirmation; Congress’s authority to charter a national bank, enact a protective tariff, or subsidize internal improvements; the allocation between Congress and the president of power over foreign policy; the constitutionality of the Alien and Sedition Acts; and the president's authority to execute the Louisiana Purchase. The afterword concludes that during the ratification debate, Madison had represented the Constitution as creating a government of limited and carefully enumerated powers, and that he generally honored those representations. Madison, however, advocated states’ rights less aggressively and less consistently than did Jefferson, and unlike Jefferson, was willing to defer to the Supreme Court in resolving conflicts between state and national authority. In fact, after Jeffeson died in 1826, Madison spent much of the rest of his life combating the nullification theory espoused by John C. Calhoun, who claimed a state could lawfully nullity a federal statute.

Keywords:   Senate approval, national bank, foreign policy, protective tariff, internal improvements, Louisiana Purchase, Supreme Court, nullification theory, John C. Calhoun

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