Should We Venerate That Which We Cannot Love? James Madison on Constitutional Imperfection

Abstract

Scholars have long pointed to James Madison’s argument for constitutional veneration in Federalist No. 49 to illustrate what they see as Madison’s fear of democratic politics and frequent constitutional reform. This article challenges that consensus, first, by showing that Madison said the opposite several years earlier and, second, by revisiting the historical and textual context of Federalist No. 49. It argues that even as Madison praises veneration he offers serious reasons to be wary of it.