Lorianne Updike Toler
Constitutional law turns on Madison’s vision. This because Madison is universally acclaimed by the Supreme Court and legal academe as the Constitution’s father. However, Madison’s constitutional parentage sounds more in lore than logic.
A careful review of recent historiography, Madison’s own writings, and new analytics tools available on the Quill Project reveal Madison as much less important to the Constitution than previously thought. He did not bring about the Convention, did not write the Virginia Plan, and was not that influential at the Constitutional Convention. Immediately after the Convention, Madison considered himself and the Constitution a failure, and disclaimed any singularly unique role in its framing. His influence grew post-Convention in writing the Federalist Papers and drafting the Bill of Rights but was more modest for the unamended Constitution. Madison does not a father make, especially in the singular sense.
This paper focuses on the impact Madison’s demotion has on the Supreme Court’s interpretation of the Constitution. Without Madison on the constitutional podium, several foundational moorings of constitutional law must be reconstructed on additional or alternative grounds.