on Primary Sources
Letters of Liberty
Focus Point out to students that
Britain rejected a declaration of
rights sent by the colonists just two
years prior to the Declaration of
Independence. Ask students to speculate on how a lack of a written
guarantee of rights may have led to
the Declaration of Independence.
Instruct Have students compare and
contrast Jefferson’s and Madison’s
thoughts on a bill of rights, and
determine whose arguments they
support. Ask each student to pair up
with a student who agrees with the
other leader’s views, and discuss their
differences of opinion.
Close/Reteach Finally, have students
discuss the Bill of Rights and determine if there are any rights that they
would add to or delete from it if it
were rewritten today. Ask students to
explain their reasoning to the class.
Keep It Current CD-ROM includes
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by unit. The CD-ROM links to the
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may be used for daily updates.
Answers to . . .
Analyzing Primary Sources
1. Jefferson wanted to be sure that
certain rights—freedom of religion,
freedom of the press, trial by jury,
etc.—would be clearly provided for
in the Constitution.
2. From acts of government supported by the majority that repress
minority rights.
3. Madison believed that experience
with bills of rights in State constitutions had demonstrated that a
popular majority was willing to violate a written guarantee of rights.
4. If a bill of rights exists, then the
judicial branch has the power to
overturn acts of the other two
branches that violate its premises.
78
Letters of Liberty
Thomas Jefferson and James Madison enjoyed a lifelong friendship. While Jefferson
served in Paris as United States Minister to France (1785 to 1789), he and Madison
exchanged several letters. Their correspondence included the letters below, in which
they discuss the addition of a bill of rights to the recently drafted Constitution.
government, the real power lies in
JEFFERSON TO MADISON
December 20, 1787
the majority of the community, and
will now add what I do not like
the invasion of privacy rights is
[about the Constitution]. First the
chiefly to be [feared], not from acts
omission of a bill of rights providof government contrary to the sense
ing clearly . . . for freedom of religion,
of its constituents, but from acts in
freedom of the press, protection
which the government is the mere
against standing armies, restriction
instrument of the major number of
against monopolies, . . . and trials by
constituents. . . .
jury in all matters of fact triable by
JEFFERSON TO MADISON
the laws of the land. . . . Let me add
March 15, 1789
that a bill of rights is what the people
. . . In the arguments in favor of a
James Madison
are entitled to against every governdeclaration
of rights, you omit one
1751–1836
ment on earth, general or particular,
which has great weight with me, the
and what no just government should refuse, or rest
legal check which it puts into the hands of the judion inference. . . .
ciary. This is a body, which if rendered independent,
I
MADISON TO JEFFERSON
October 17, 1788
. . . My own opinion has always been in favor
of a bill of rights, provided it be so framed as to
not imply powers not meant to be included. . . . At
the same time, I have never thought the omission
a material defect. . . . I have favored it because
I supposed it might be of use, and if properly
executed could not be of disservice. . . .
Experience proves the [ineffectiveness] of a bill
of rights on those occasions when its control is most
needed. Repeated violations of these parchment
barriers have been committed by overbearing
majorities in every state. In Virginia I have seen the
[state constitution’s] bill of rights violated in every
instance where it has been opposed to a popular
current. . . . Wherever the real power in a government lies, there is the danger of oppression. In our
and kept strictly to their own department merits
great confidence for their learning and integrity. . . .
. . . Experience proves the [ineffectiveness] of a
bill of rights. True. But [though] it is not absolutely
[effective] under all circumstances, it is of great
potency always. . . .
Analyzing Primary Sources
1. Why did Jefferson want a bill of rights added to
the Constitution?
2. According to Madison, from where did the greatest danger to individual rights come?
3. What did Madison mean when he referred to a bill
of rights as a “parchment barrier”?
4. Why, as Jefferson states, would a bill of rights
strengthen the judicial branch of government?
Corner
Close Up on Primary Sources Jefferson’s
Letters from France, p. 5, extends this feature
with a primary source activity.
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