The writings of James Madison still offer useful guidance for states seeking to restrain federal overreaching.
Akron Law Review has just published my short article discussing the evolution of Madison’s thought on the subject—from Federalist No. 46, through the Virginia Resolution of 1798 and subsequent writings, to his final recommendation that states unhappy with federal actions apply for a convention for proposing amendments under the Constitution’s Article V.
Madison’s correspondence during 1788 and 1789 sometimes is cited as proving he was opposed to such conventions. My article examines the correspondence, and shows how it is being misunderstood.
The article is called James Madison and the Constitution’s “Convention for Proposing Amendments.” You can read it by clicking here.
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