1. law, govt and politics
2. government

The Sage of Montpelier:
Torchbearer of the American Republic
Essay by
Matthew Penza
Senior at
New Fairfield High School
54 Gillotti Road
New Fairfield, CT 06812
(203) 312-5800
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The Sage of Montpelier:
Torchbearer of the American Republic
In a time of political upheaval and revolution, the Framers of the new American republic
held unprecedented power to shape the character of the nation for centuries to come. Among
these titans, James Madison perhaps stands tallest. Even more so than his presidency, Madison’s
greatest moment was in the drafting of the new national charter. Hailed as the Father of the
Constitution, Madison took up the reigns of the Convention, leading the creation of the
framework that would resist tyranny longer than any previous civilization. Appreciating the
need for popular consent to legitimize the new government, he collaborated with Hamilton and
Jay on the explicative series The Federalist. As a Representative in the new Congress, he
immediately introduced 16 amendments—of which 10 ultimately became our Bill of Rights—to
relieve antifederalists’ fears of government overreach. Although the Constitution was not and
even today is not perfect, its architect thoroughly deserves recognition as a giant of American
history. Little is more fundamental to the American character than our form and philosophy of
government. Since the outset of English colonization in America, we have cherished the
institutions of republican government. Having known the blessings of self-governance for the
nearly 150 years of Salutary Neglect, it would be natural for the statesmen of the new nation to
create a government rooted in the people to replace the imperious English monarchy. Enter
Madison, former Continental Congressman, delegate in the Virginia legislature, and formidable
debater. Early in the Convention, he submitted the Virginia Plan, which became the basic
framework for the Constitution finally adopted. Though the Plan was merely “an outline of
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proposals and concepts” (Stewart 179), it had the decisive effect of changing the purpose of the
Convention from amending the Articles of Confederation to writing a completely new charter. His influence did not end with the Plan. As William Pierce, delegate from Georgia,
wrote, “In the management of every great question he evidently took the lead” (529). Moreover,
while in the Continental Congress, he had suggested a compromise that, while failing to pass as
an amendment to the Articles, providing the basis for the vital Three-Fifths Compromise that
became Article II, Section 1 of the Constitution (Davis 241). This section provided that state
population, “including those bound to Service for a Term of Years, and excluding Indians not
taxed, and three-fifths of all other persons,” would determine Congressional representation and
taxation. Though this particular compromise became obsolete with the Civil War Amendments,
it was crucial in mollifying the South throughout the Antebellum Period, primarily by
guaranteeing a proportion of House representation comparatively high for their free populations.
Without this compromise, the Convention likely would have foundered. Once the Convention ended, the challenge of ratification remained. Although only nine
states needed to ratify the Constitution, it would only take effect “between the States ratifying the
same” (US Const. art. VII). New York, whose legislature was highly critical of the new
Constitution, would be especially difficult to sway. Primarily in an attempt to persuade New
York, Madison collaborated with Hamilton and Jay on The Federalist, defending the
Constitution against antifederalist arguments. After heated, prolonged debate, it seems The
Federalist worked; New York ratified in July 1788, renewing hope of success. Besides helping sway New York, The Federalist has become the source in efforts to
assess the Framers’ intent. Among Madison’s contributions to this series, two stand out.
Federalist 62 discussed the “mischievous effects of a mutable government” with constantly
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changing, convoluted laws and the way in which it “poisons the blessing of liberty itself” (381)
to leave the size and scope of government unchecked. He argues convincingly that “It will be of
little avail to the people that the laws are made by men of their own choice if the laws be so
voluminous that they cannot be read, or so incoherent that they cannot be understood” (381). To
Madison, the remedy was obvious and “unnecessary to dilate” (377). The original method for
selecting Senators—appointment by state legislatures—bore the “advantage of … giving to the
State governments such an agency in the formation of the federal government as must secure the
authority of the former” (377). It was nothing short of a safeguard against the inevitable
attempts of the federal government to dominate the states. Though removed in 1913, when the
Seventeenth Amendment dictated that the Senators of each state would be “elected by the people
thereof,” this important provision helped maintain the states’ power in the interim. Especially striking is Federalist 10. This discussion of factions contended that, in a
republic, interest groups necessarily emerge, and that to eliminate factions either liberty or
diversity of interests must themselves be eliminated. The first is impossible because “Liberty is
to faction what air is to fire” and “is essential to political life” (78). The second is impractical,
since “As long as the reason of man continues fallible, and he is at liberty to exercise it, different
opinions will be formed” (78). Resting on his proof that “the causes of faction cannot be
removed,” Madison shifted his discussion to “controlling its effects” (80). He asserted that the
size of the republic would prevent, “by regular vote,” minority factions from seizing power (80).
Conversely, majority factions must be rendered unable to “concert and carry into effect schemes
of oppression” by sufficient opposition (81). Unfortunately, the latter assumption proved
mistaken as early as Washington’s second term, with the creation of the Democratic-Republican
and Federalist parties, a system that persists even today. 4
Besides constructing and arguing for the Constitution, Madison’s influence has extended
into the very philosophy of government, particularly regarding the separation of powers and
checks and balances. Nearly 140 years after his involvement in the Midnight Appointments and
Marbury v. Madison, a nearly identical situation developed around the Court-Packing Scheme.
While the legal mechanisms and technical reasoning varied greatly between the two—the former
ending with a Supreme Court decision, the latter with a Senate vote—the outcome was identical.
Both saw the curbing of a president’s attempt to dominate the federal court system in an act the
Supreme Court termed “repugnant to the Constitution” (Marshall 83), reaffirming and enforcing
the separation of powers. The underlying philosophy reflects perfectly America’s refusal to
allow “all the powers of government” to concentrate “in the same hands” (Federalist 48 313)—
recalling that in 1937 Roosevelt already held strong Democratic control of Congress and, of
course, the executive branch—which was “precisely” Madison’s “definition of a despotic
government” (Federalist 47 310-311). The impact James Madison had on American history is indeed unparalleled. Few others
have had such a tremendous hand in shaping the form of our government or its political
philosophy. None can claim to have had afterwards a more profound role in explaining them—
while Hamilton penned a greater share of The Federalist, it is Madison’s contributions that are
most oft-cited. Conceivably his greatest accomplishment is the direct impact his philosophies
have played in politics, which by Americans’ political nature merge directly with daily life. The
court-packing incidents serve as merely one illustration from a vast sea of events. America as
we know her would not exist but for the genius that was James Madison. 5
Works Cited Davis, David Brion, and Steven Mintz, eds. “The Three-fifths Compromise.” The Boisterous Sea
of Liberty: A Documentary History of America from Discovery through the Civil War.
New York, NY: Oxford UP, 1998. 241. Print. Madison, James, Jr. No. 10: The Same Subject Continued. Rossiter 77-84. ---. No. 47: The Meaning of the Maxim, Which Requires a Separation of the Departments of
Power, Examined and Ascertained. Rossiter 300-308. ---. No. 48: The Same Subject Continued with a View to the Means of Giving Efficacy in Practice
to That Maxim. Rossiter 308-313. ---. No. 62: Concerning the Constitution of the Senate with Regard to the Qualifications of the
Members, the Manner of Appointing Them, the Equality of Representation, the Number of
the Senators and the Duration of Their Appointments. Rossiter 376-382. Marshall, John J. Marbury v. Madison: Chief Justice John Marshall for the Supreme Court,
1803. 1803. A Documentary History of the United States. Ed. Richard Heffner. Fifth ed.
New York, NY: Penguin Group, 1991. 76-85. Print. Pierce, William. “Character Sketches of Delegates by William Pierce.” A Source Book in
American History to 1787. Ed. Willis Mason West. Norwood, MA: Allyn and Bacon,
1913. 522-532. Print. Rossiter, Clinton, ed. The Federalist Papers. By Alexander Hamilton, James Madison, Jr., and
John Jay. New York, NY: Penguin Group, 1961. Print. Stewart, David O. The Summer of 1787: The Men Who Invented the Constitution. Illustrated ed.
New York, NY: Simon & Schuster Paperbacks, 2008. 179+. The Simon & Schuster
America Collection. Print. US Constitution. Art. II, Sec. 1; Art. VII; and Amend. XVII. Contestant Biography
Matthew Penza is a senior at New Fairfield High School (NFHS) in New Fairfield, CT. Having
exhausted the NFHS mathematics and science curricula as a sophomore and having advanced in world
languages, he has studied multivariate calculus, linear algebra, differential equations, introductory
theoretical physics, intermediate Spanish, and advanced Latin at the university level. He has earned a
score of 5 on the Advanced Placement examinations in Calculus BC, Chemistry, Physics C: Mechanics,
European History, and US History, and has earned a 4 on Computer Science A. He will take the AP
exams in Physics C: Electricity and Magnetism, Spanish Language, and US Government this spring.
The culmination of eleven years of dedication and perseverance, Penza became an Eagle Scout in
October 2014. His Eagle Project consisted of planning, constructing, finishing, and having blessed at
Mass 33 wooden cremation urns, donated to Garden of Innocence National. The Garden provides
dignified burial services for abandoned or unidentified children and stillborns. Penza joined Scouting as a
Tiger Cub in 2003, joined a Boy Scout troop in 2008, and is now a Lone Boy Scout. He has served as
Troop Scribe, Assistant Patrol Leader, and Troop Instructor. He has earned the Light of Christ and
Parvuli Dei religious emblem awards, and plans to pursue the Ad Altare Dei and Pope Pius XII emblems
as well. This past summer he completed the week-long National Youth Leadership Training program.
Since 2006 Penza has volunteered with Guiding Eyes for the Blind, an internationally accredited
guide-dog school, as a home socializer, puppy raiser, public speaker, and general program advocate. He
has also volunteered as an academic tutor since his induction into the NFHS chapter of the National
Honor Society in November 2013.
Penza is a charter member, former secretary, and current president of the NFHS chapter of Mu
Alpha Theta National Mathematics Honor Society. Under his leadership, membership has grown sixfold, from a miniscule gathering four times a year to a group large enough to crowd two classrooms
meeting every second week. Regional competition placement has also steadily climbed from a consistent
seventh up to fourth. On several occasions Penza has individually placed first, second, or third in these
contests.
Penza is a three-time recipient of the Royal Conservatory Music Development Program
Connecticut State Certificate of Excellence, earning First Class Honors on the Piano IV and VI exams and
First Class Honors with Distinction on Piano V. Each of the three afforded him the opportunity to
perform in a tri-state winners’ recital at Carnegie Hall. Penza performed before a thousand-person
audience at the Par for the Cure benefit concert in 2011, and has also studied and performed pipe organ.
Penza has earned summa cum laude on levels 1, 2, and 3 of the National Latin Exam. He has also
placed on the National Spanish Examination, earning premio de oro (gold award) on level 1, premio de
plata (silver) 2, premio de oro 3, and mención honorífica (honorable mention) 4. He will take levels 4
and 5 of the Latin and Spanish Exams, respectively, this spring.
Since sophomore year, Penza has been a member of the NFHS Model United Nations club. He
has attended both the Cornell and Columbia 2014 Model UN conferences, earning a commendation for
his performance in a crisis committee during the latter.
Upon graduating from NFHS, Penza plans to attend college, majoring in mathematics.
Depending on which university he attends, he will minor in legal studies and history, American studies,
history, or political science. After attaining his Baccalaureate degree, he intends to pursue a Master’s
degree in mathematics and a Juris Doctor. Penza intends to practice law, strongly favoring Constitutional
law.
In his spare time, Penza enjoys cross-country camping and visiting US National Parks, especially
in the Rocky Mountains and the Sierra Nevada. He also keeps up with current events and politics and
studies Zen Budokai Ju-Jitsu, a variant of traditional Japanese ju-jitsu.