George Washington and James Madison

Gerard Magliocca

Gerard N. Magliocca is the Samuel R. Rosen Professor at the Indiana University Robert H. McKinney School of Law. Professor Magliocca is the author of three books and over twenty articles on constitutional law and intellectual property. He received his undergraduate degree from Stanford, his law degree from Yale, and joined the faculty after two years as an attorney at Covington and Burling and one year as a law clerk for Judge Guido Calabresi on the United States Court of Appeals for the Second Circuit. Professor Magliocca has received the Best New Professor Award and the Black Cane (Most Outstanding Professor) from the student body, and in 2008 held the Fulbright-Dow Distinguished Research Chair of the Roosevelt Study Center in Middelburg, The Netherlands. He was elected to the American Law Institute (ALI) in 2013.

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5 Responses

  1. Ken Rhodes says:

    [[it’s interesting to reexamine how the Framers tried to figure out the practices of the new Government in 1789. For instance, Washington came to the Senate in person a couple of times to complain or ask questions about some items of legislative business.]]

    I haven’t red Chernow’s book, so this is just conjecture on my part … but maybe Washington entertained the quaint notion that the Executive and Legislative branches were partners in the business of governance, and that the best way to work together was actually to work together.

    [[My favorite story, though, was that James Madison drafted Washington’s First Inaugural, drafted Congress’s reply to the Inaugural, and drafted Washington’s reply to the reply!Do you feel lazy now? I sure do.]]

    Yeah, I heard that boy could really write. And just think, he did that without a word processor, or even a Correcting Selectric.

  2. Ariel says:

    As for fishing party awards, that trio certainly beats out the South Fork Fishing and Hunting Club… Although that group, too, opened a can of legal worms!

  3. AJ says:

    You don’t get to be president with almost no political skills.

  4. Joan Conway says:

    President Dwight Eisenhower tried to make Congress his equal partner, but Congress bowed out of it, because they have to get re-elected and were off campaigning much of the time. Congress just was committed enough.

  5. Can’t wait to get into Chernow’s new Washington biography. Yes, Madison did a lot of ghost writing for Washington and was his point person in Congress during Washington’s first term. He also drafted Washington’s speech for leaving office after his second term. (drafted at end of first term when Washington wanted to leave.) But as Jefferson and Madison geared up their new political party, and came into increasing conflict with Hamilton, Washington and Madison moved further apart and Washington no longer relied on him.(Republican Party, later morphed into Democratic Republican, finally to Democratic Party; Current Republican party arose in decade before Civil War.)

    As to Adams, it’s true he often rubbed people the wrong way but he was a skilled politician, helped move the Continental Congress toward accepting disolving relationship with England, and during his own presidency, managed to avoid war with France despite pressure to do so. He lost a second term in a hotly contested election of 1800 when the tied vote in the Electoral College was thrown into the House of Representatives which finally chose Jefferson after many votes and lots of backroom maneuvering.

    Washington and Adams both believed that the president should stay above the political fray. All of them believed in the separation of powers and checks and balances as committed republicans (little r)and Washington was always checking to make sure he wasn’t setting up monarchical precedents.