Prof. Kickler,
Did Madison really think that the Constitution was dead in the 1820s? This is an interesting question. As late as 1835 Madison was appealing to it. While he certainly did find some fault with the document practically, he seems to still regard it as the authority of the people (see his essay to Daniel Webster, 1833 where he writes that the Constitution is still the governing document of the U.S.) The options available without the Constitution he seems to view unfavorably. Given the context of his 1835 essay on Sovereignty, I would say he did not view the Cosntitution as dead, but did what all good statesmen do–try to move the opinion of the Americans to a proper/better understanding of the document. This is best seen in his letter to Jefferson (1825) which is sketched below:
And on the distinctive principles of the Government of our own State, and of that of
the United States, the best guides are to be found in?1. The Declaration of
Independence, as the fundamental act of Union of these States. 2. The book known by the
title of the “Federalist,” being an Authority to which appeal is habitually made
by all & rarely declined or denied by any, as evidence of the general opinion of those
who framed & those who accepted the Constitution of the United States on questions as
to its genuine meaning. 3. The Resolutions of the General Assembly of Virginia in 1799, on
the subject of the Alien & Sedition laws, which appeared to accord with the
predominant sense of the people of the U.S. 4. The Inaugural Speech & Farewell Address
of President Washington, as conveying political lessons of peculiar value; and that in the
branch of the School of law which is to treat on the subject of Government, these shall be
used as the text & documents of the School.
