James Madison’s Blind Spot

  • There is a startling image of James Madison wearing Google Glass in the Sunday New York Times (19-Jan-2014). In an opinion piece titled Madison’s Privacy Blind Spot, the 1816 portrait of Madison by John Vanderlyn is updated to show him sporting the futuristic monocle. Jeffery Rosen, the current president of the National Constitution Center, states that Madison — the Father of the Constitution and champion of the Bill of Rights — was more concerned with abuses of legislative and executive power than of unregulated commercial power. Rosen scans Mandison’s views towards abuses of power and concludes that the Constitution may need to be amended to protect the people from both corporate and government surveillance.
JDN | 20-Jan-2014

Yet there is no doubt that his natural abilities were what most distinguished [John] Marshal from other lawyers and jurists. His head, said Senator Rufus King, is the best organized of anyone I have known. Marshal could grasp a subject in its whole and yet simultaneously analyze it parts and relate them to the whole. He could move progressively and efficiently from premise to conclusion in a logical and rigorous manner and extract the essence of the law from the mass of particulars. In the words of Justice Story, he had the remarkable ability to seize, as it were by intuition, the very spirit of juridical doctrines. Even Jefferson acknowledged Marshall’s talent, but he scarcely respected it. Jefferson told Story that when conversing with Marshall, I never admit anything. So sure as you admit any position to be good, no matter how remote from the conclusion he seeks to establish, you are gone. So great is his sophistry you must never give him an affirmative answer, or you will be forced to grant his conclusion. Why, if he were to ask me whether it were daylight or not, I’d reply, Sir, I don’t know, I can’t tell.

Gordon S. Wood
Empire of Liberty: A History of the Early Republic, 1789–1815 (2009)