James Madison Rights Quotations

The rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted.

As a man is said to have a right to his property, he may be equally said to have a property in his rights.

The diversity in the faculties of men, from which the rights of property originate, is not less an insuperable obstacle to an uniformity of interests. The protection of these faculties is the first object of government.

In Republics, the great danger is, that the majority may not sufficiently respect the rights of the minority.

The class of citizens who provide at once their own food and their own raiment, may be viewed as the most truly independent and happy.

We look back, already, with astonishment, at the daring outrages committed by despotism, on the reason and rights of man; we look forward with joy, to the period, when it shall be despoiled of all its usurpations, and bound forever in the chains, with which it had loaded its miserable victims.

The preservation of a free government requires not merely that the metes and bounds which separate each department of power be invariably maintained; but more especially that neither of them be suffered to overleap the great Barrier which defends the rights of the people. The Rulers who are guilty of such an encroachment, exceed the commission from which they derive their authority and are Tyrants. The people who submit to it are governed by laws made neither by themselves nor by an authority derived from them, and are slaves.

Liberty and order will never be perfectly safe until a trespass on the Constitution provisions for either, shall be felt with the same keenness that resents and invasion of the dearest rights...

In suits at common law, trial by jury in civil cases is as essential to secure the liberty of the people as any one of the pre-existent rights of nature.

Because finally, 'the equal right of every citizen to the free exercise of his religion according to the dictates of conscience' is held by the same tenure with all his other rights. If we recur to its origin, it is equally the gift of nature; if we weigh its importance, it cannot be less dear to us; if we consider the 'Declaration of those rights which pertain to the good people of Virginia, as the basis and foundation of government,' it is enumerated with equal solemnity, or rather studied emphasis.

Besides the danger of a direct mixture of religion and civil government, there is an evil which ought to be guarded against in the indefinite accumulation of property from the capacity of holding it in perpetuity by ecclesiastical corporations. The establishment of the chaplainship in Congress is a palpable violation of equal rights as well as of Constitutional principles. The danger of silent accumulations and encroachments by ecclesiastical bodies has not sufficiently engaged attention in the U.S.

The rights of man as the foundation of just Government had been long understood but the superstructures projected had been sadly defective

Place three individuals in a situation wherein the interest of each depends on the voice of the others, and give to two of them an interest opposed to the rights of the third. Will the latter be secure? The prudence of every man would shun the danger. The rules & forms of justice suppose & guard against it. Will two thousand in a like situation be less likely to encroach on the rights of one thousand?

If they are incorporated into the Constitution, independent tribunals of justice will consider themselves in a peculiar manner the guardians of those rights; they will be an impenetrable bulwark against every assumption of power in the legislative or executive; they will be naturally led to resist every encroachment upon rights expressly stipulated for in the Constitution by the declaration of rights.

In civilized communities, property as well as personal rights are the essential object of the laws, which encourage industry by securing the enjoyment of its fruits: that industry from which property results, and that enjoyment which consists not merely in its immediate use, but in its posthumous destination to objects of choice and of kindred affection. In a just and free government, therefore, the rights both of property and of persons ought to be effectually guarded.

[In government] the constant aim is to divide and arrange the several offices in such a manner as that each may be a check on the other-that the private interest of every individual may be a sentinel over the public rights.

In a free government the security for civil rights must be the same as that for religious rights.

Among the features peculiar to the political system of the United States, is the perfect equality of rights which it secures to every religious sect.

Is it not the glory of the people of America, that whilst they have paid a decent regard to the opinions of former times and other nations, they have not suffered a blind veneration for antiquity, for custom, or for names, to overrule the suggestions of their own good sense, the knowledge of their own situation, and the lessons of their own experience? To this manly spirit, posterity will be indebted for the possession, and the world for the example of the numerous innovations displayed on the American theatre, in favor of private rights and public happiness.

I believe there are more instances of the abridgment of the freedom of the people by gradual and silent encroachments of those in power, than by violent and sudden usurpations; but, on a candid examination of history, we shall find that turbulence, violence, and abuse of power, by the majority trampling on the rights of the minority, have produced factions and commotions, which, in republics, have, more frequently than any other cause, produced despotism.

Democracies have been found incompatible with personal security or the rights of property; and in general been as short in their lives as they have been violent in their death.

It may not be easy, in every possible case, to trace the line of separation between the rights of religion and the Civil authority with such distinctness as to avoid collisions and doubts on unessential points. The tendency to unsurpastion on one side or the other, or to a corrupting coalition or alliance between them, will be best guarded agst. by an entire abstinence of the Gov't from interfence in any way whatsoever, beyond the necessity of preserving public order, and protecting each sect agst. trespasses on its legal rights by others.

The members of the legislative department . . . are numerous. They are distributed and dwell among the people at large. Their connections of blood, of friendship, and of acquaintance embrace a great proportion of the most influential part of the society . . . they are more immediately the confidential guardians of their rights and liberties.

The definition of the right of suffrage is very justly regarded as a fundamental article of republican government.

Extend the sphere and you take in a greater variety of parties and interests; you make it less probable that a majority of the whole will have common motive to invade the rights of other citizens.

In a free Government, the security for civil rights must be the same as that for religious rights. It consists in the one case in the multiplicity of interests, and in the other in the multiplicity of sects. The degree of security in both cases, will depend on the number of interests and sects; and this may be presumed to depend on the extent of country and number of People comprehended under the same Government.

In the compound republic of America, the power surrendered by the people is first divided between two distinct governments, and then the portion allotted to each subdivided among distinct and separate governments. Hence a double security arises to the rights of the people. The different governments will control each other, at the same time that each will be controlled by itself.

The American people owe it to themselves, and to the cause of free Government, to prove by their establishments for the advancement and diffusion of knowledge, that their political Institutionsare as favorable to the intellectual and moral improvement of Man as they are conformable to his individual and social rights.

Measures should be enacted which, without violating the rights of property, would reduce extreme wealth towards a state of mediocrity, and raise extreme indigence towards a state of comfort.

Complaints are everywhere heard from our most considerate and virtuous citizens, equally the friends of public and private faith, and of public and personal liberty, that our governments are too unstable, that the public good is disregarded in the conflicts of rival parties, and that measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.

As the people of the United States enjoy the great merit of having established a system of Government on the basis of human rights, and of giving it a form without example, which, as they believe, unites the greatest national strength with the best security for public order and individual liberty, they owe to themselves, to their posterity and to the world, a preservation of the system in its purity, its symmetry, and its authenticity.

Hence it is that such democracies have ever been spectacles of turbulence and contention; have ever been found incompatible with personal security or the rights of property; and have in general been as short in their lives as they have been violent in their deaths. Theoretic politicians, who have patronized this species of government, have erroneously supposed that by reducing mankind to a perfect equality in their political rights, they would, at the same time, be perfectly equalized and assimilated in their possessions, their opinions, and their passions.

The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of Government. But what is Government itself, but the greatest of all reflections on human nature?

The invasion of private rights is chiefly to be apprehended, not from acts of Government contrary to the sense of its constituents, but from acts in which the Government is the mere instrument of the major number of the Constituents.

It is sufficiently obvious, that persons and property are the two great subjects on which Governments are to act; and that the rights of persons, and the rights of property, are the objects, for the protection of which Government was instituted. These rights cannot well be separated.

It becomes all therefore who are friends of a Government based on free principles to reflect, that by denying the possibility of a system partly federal and partly consolidated, and who would convert ours into one either wholly federal or wholly consolidated, in neither of which forms have individual rights, public order, and external safety, been all duly maintained, they aim a deadly blow at the last hope of true liberty on the face of the Earth.

Government is instituted to protect property of every sort; as well that which lies in the various rights of individuals, as that which the term particularly expresses. This being the end of government, that alone is a just government which impartially secures to every man whatever is his own.

The great desideratum in Government is, so to modify the sovereignty as that it may be sufficiently neutral between different parts of the Society to controul one part from invading the rights of another, and at the same time sufficiently controuled itself, from setting up an interest adverse to that of the entire Society.

Measures are too often decided, not according to the rules of justice and the rights of the minor party, but by the superior force of an interested and overbearing majority.

The civil rights of none, shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext infringed.