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

Bailey, Jeremy D.

doi:10.1177/1065912911427451

Cited by 5 publications

(3 citation statements)

References 21 publications

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“…Madison's comments in Federalist 49 indicate he did not think much of Jefferson's proposal to organize frequent constitutional conventions for the purpose of reviewing the entire constitution, but he certainly did not think constitutional veneration should serve as a barrier to constitutional amendment. 4 Even Madison, therefore, offered reasons to be wary of constitutional veneration: under circumstances where a constitution is deficient in some important way, citizens' reverence for it might compound the problem by disposing them to resist the required changes (Bailey 2012).…”

Section: Conceptualizing Constitutional Status Quo Biasmentioning

confidence: 99%

The Dead Hand of the Past? Toward an Understanding of “Constitutional Veneration”

Zink

Dawes

2015

Polit Behav

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Some observers argue that excessive veneration of the U.S. Constitution has blinded Americans to its flaws and made them reluctant to consider necessary reforms. In this paper, we test the assumptions that underlie these claims. We report the results of two survey experiments that examine the existence and effects of constitutional status quo bias at both the state and federal levels. Our findings support the notion that a proposed policy involving constitutional change imbues the constitutional status quo with normative value and, in turn, disposes individuals to resist the proposal. These results hold even at the state level. In addition to the institutional obstacles to constitutional amendment, therefore, we find evidence of another, psychological barrier to constitutional change that is based specifically in a sense of constitutional attachment.

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Section: Conceptualizing Constitutional Status Quo Biasmentioning

confidence: 99%

The Dead Hand of the Past? Toward an Understanding of “Constitutional Veneration”

Zink

Dawes

2015

Polit Behav

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“…This theme is not unlike Aristotle's notion that the law's strength lies in the habit of obedience it inspires within citizens; instability, or questioning, of its permeance weakens the very notion of law itself (see Politics, Book II, section 8). Other scholars have echoed this sentiment (see, e.g., Elkins et al, 2009;Holmes 1995;and Strauss 2010), but Madison and his proponents did not favor excessive veneration or blind support; amendments addressing a charter's deficient aspects should be entertained and considered (Bailey 2012), but a citizenry "high" on the status quo may be unable to do so (see also Hunsicker 2012, 55-58).…”

Section: Madison and Jefferson: Debating The Merits Of Periodic Convementioning

confidence: 99%

The Role of Periodic Conventions in Generating and Undermining Constitutional Loyalty

Lorentz

2019

SSRN Journal

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Much like raising a child, a dissertation takes a village. I would like to thank my villagers, as it were, whom offered various kinds of support and assistance during this long process. First, I owe a great deal of gratitude to my advisor, Dr. Brady Baybeck, and my dissertation committee members: Dr. Mary Herring, Dr. Jeff Grynaviski, and Professor Justin Long. Each provided thoughtful commentary and mentoring from the prospectus through the defense that not only improved this dissertation but also made me a better scholar. In particular, Dr. Baybeck's constant guidance helped me stay focused, and his words of encouragement were often the way out of seemingly dead-ends. He embodies the traits that every mentee wants in a mentor, and I am ever thankful he agreed to see me through this journey. Second, I want to thank my family, who have provided immeasurable love and support my entire graduate career. My parents, Judy and Kevin, Sr., never gave up on me, and their faith and encouragement have been the fuel that finished this dissertation. My sister, Amanda, played the role of constant cheerleader well, as every little sibling should aspire to. Last, but certainly not least, the love of my life, Dr. Nicholas Timmer, who was my constant companion during my trials-both good and bad. His love and support have meant the world to me and make finishing this journey all the merrier. Third, to my friends, whose support have been critical over the past several years. Many of you served as sounding boards for ideas and, more commonly, frustrations and fears. When I needed encouragement, insights, or just someone to slack off with, you all went above and beyond. While I cannot list you all here, I want to particularly thank Rebecca Idzikowski, Kim Saks-McManaway, Sylvia Gancheva, Cody Melcher, and Connor Sutton. iv Finally, I want to thank my political science colleagues and mentors here at Wayne State University and elsewhere. Numerous professors deserve special recognition for taking me under their wings and molding me into the scholar I am today, especially Drs. Erik Trump, Julie Keil, Cherie Strachan, and Mary Herring. I also want to extend my deepest thanks to the Wayne State University political science faculty, graduate teaching assistants, and students who welcomed me into their classes, providing me with the data I needed to finish this project. Without you, this dissertation would never have gotten off the ground. v TABLE OF CONTENTS

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“…10. For an excellent account of James Madison's similarly ambivalent views toward constitutional veneration, see Bailey (2012). For a broader treatment of Wilson's views on how constitutional symbols and language can become entrenched and subtly shape the sentiments and perceptions of citizens, see Zink (2009, esp.…”

Section: Declaration Of Conflicting Interestsmentioning

confidence: 99%

James Wilson versus the Bill of Rights

Zink

2013

Political Research Quarterly

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Americans today may take the Bill of Rights for granted, but its inclusion in the U.S. Constitution originally was controversial. To understand why, I turn to James Wilson, a leading statesman of the founding era and the chief opponent of the Bill of Rights. Among other things, Wilson thought a bill of rights would bind future generations to an incomplete list of rights and deprive them of the right to define individual rights over time. His arguments against a constitutional bill of rights also offer a useful view of the complexity and diversity of American founding era thought.

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

Cited by 5 publications

References 21 publications

The Dead Hand of the Past? Toward an Understanding of “Constitutional Veneration”

The Dead Hand of the Past? Toward an Understanding of “Constitutional Veneration”

The Role of Periodic Conventions in Generating and Undermining Constitutional Loyalty

James Wilson versus the Bill of Rights

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