<small>See also James Madison's "Detached Memoranda" (ca. 1817) In: The Founders' Constitution, Volume 5, Amendment I (Religion), Document 64, James … - James Madison

I entirely concur in the propriety of restoring to the sense in which the Constitution was accepted and ratified by the nation. In that sense alone it is a legitimate constitution. And, if that be not the guide in expounding it, there can be no security for consistent and stable government.

Two objections had been raised against leaving the adjustment of the representation, from time to time, to the discretion of the Legislature. The first was, they would be unwilling to revise it at all. The second, that, by referring to wealth, they would be bound by a rule which, if willing, they would be unable to execute. The first objection distrusts their fidelity. But if their duty, their honor, and their oaths, will not bind them, let us not put into their hands our liberty, and all our other great interests; let us have no government at all. In the second place, if these ties will bind them we need not distrust the practicability of the rule. It was followed in part by the Committee in the apportionment of Representatives yesterday reported to the House. The best course that could be taken would be to leave the interests of the people to the representatives of the people. Mr. Madison was not a little surprised to hear this implicit confidence urged by a member who, on all occasions, had inculcated so strongly the political depravity of men, and the necessity of checking one vice and interest by opposing to them another vice and interest. If the representatives of the people would be bound by the ties he had mentioned, what need was there of a Senate? What of a revisionary power? But his reasoning was not only inconsistent with his former reasoning, but with itself. At the same time that he recommended this implicit confidence to the Southern States in the Northern majority, he was still more zealous in exhorting all to a jealousy of a western majority. To reconcile the gentleman with himself, it must be imagined that he determined the human character by the points of the compass. The truth was, that all men having power ought to be distrusted, to a certain degree. The case of Pennsylvania had been mentioned, where it was admitted that those who were possessed of the power in the original settlement never admitted the new settlements to a due share of it. England was a still more striking example.

The free men of America did not wait till usurped power had strengthened itself by exercise, and entangled the question in precedents. They saw all the consequences in the principle, and they avoided the consequences by denying the principle. We revere this lesson too much soon to forget it. Who does not see that the same authority which can establish Christianity, in exclusion of all other Religions, may establish with the same ease any particular sect of Christians, in exclusion of all other Sects? that the same authority which can force a citizen to contribute three pence only of his property for the support of any one establishment, may force him to conform to any other establishment in all cases whatsoever?