James Madison and the necessary Constitutional Amendment / by kevin murray

Most people are aware that the ratification of our written Constitution contained Ten Amendments to it, of which these Ten Amendments are commonly designated as the Bill of Rights. The issuance of those Bill of Rights, though, was not a given, as those that opposed such on its merit, opposed it basically from the standpoint, that the Constitution was a Constitution of enumerated rights, and therefore by definition, those rights not specifically granted to the government, were retained by the States, or by the people, respectively.  In any event, history has clearly demonstrated, that the Bill of Rights has been of immense importance to the people of this country, for governments, over time, aggrandize their power, granting to that government even more power then so stipulated within their Constitutional authority.

 

One of the most important concepts of this Constitution, was the distinct and deliberate separation of powers, between the Executive, Judicial, and Legislative branches, thereby making it far more difficult for any one branch to become predominant over the others, and thereby providing the prudent counterbalance to the prevention of any one branch, having too much power. Yet, over time, that separation no longer appears in full force, so that, for instance, the Executive branch, exercises legislative powers, as does the Judicial branch, doing the very same thing; so that the end effect of this additional aggrandizing of power, is to trivialize the power and relevancy of the legislative branch, and to thereby consolidate more power into the unelected and lifetime tenured Judicial branch, as well as to the Executive office, which though subject to a popular vote in order to be elected, is able to thereupon take on and make more and more important decisions through its Executive orders, that thereby makes today's Presidency take on the aura of a monarch.

 

James Madison recommended the following Amendment be added to the Constitution which states: "The powers delegated by this Constitution are appropriated to the departments to which they are respectively distributed: so that the Legislative Department shall never exercise the powers vested in the Executive or Judicial, nor the Executive exercise the powers vested in the Legislative or Judicial, nor the Judicial exercise the powers vested in the Legislative or Executive Departments."  This Amendment, is apropos for today's America, in order to rein in those departments that have taken on responsibilities that are not within their orbit and domain, and thereupon have made decisions that are not consistent with their original Constitutional powers as envisioned.

 

In other words, just as the Bill of Rights, was amended to that Constitution, in order to protect and defend the people of that the Constitution, specifically written and created under their consent as well as for their benefit of the people; it is just as important today that the Constitution be amended to thereby defend and to protect the concept and exercise of the separation of powers, so that not one branch becomes predominate over another.  Yet, that predomination and lack of restraint of power within a given department, appears to be being violated, today, indicating that James Madison's proposed Amendment is needed in order to rectify this exact problem.

 

The purpose of any good Amendment is to correct, to clarify, and to augment the Constitution, so that by that Amendment, the people are more properly vested in their government, by virtue of that government, representing the people in a manner that reflects that they are ultimately the sovereign instruments of their country.