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Wednesday Wisdom
The oath, an ethical and fundamental contract to the greater good of society
WHO?
He was the fourth President of the United States (1809-1817) but is somewhat overlooked and overshadowed by his founding peers like Washington and Jefferson, yet he remains a historical giant for his contribution to perhaps the single most important document. James Madison was also an American statesman, political theorist, and often hailed as the “Father of the Constitution” for his instrumental role in drafting and promoting the U.S. Constitution and the Bill of Rights. Born in Port Conway Virginia in 1751, Madison received his formal education at the College of New Jersey (now Princeton University), where he developed a lifelong interest in law, government, and philosophy.
Madison played a key role at the Constitutional Convention in Philadelphia in1787, advocating for a strong central government to replace the weak system under the Articles of Confederation. He co-authored The Federalist Papers with Alexander Hamilton and John Jay which are a series of essays that defended the proposed Constitution and became essential readings on understanding American constitutional theory.
Madison continued his service to the newly formed country as he served as Secretary of State under President Thomas Jefferson, overseeing the Louisiana Purchase and navigating tensions with Britain and France. As president, Madison led the country through the War of 1812 against Britain, which, despite setbacks, fostered a sense of national unity and established the U.S. as a formidable independent nation.
Madison was also a pivotal figure in the formation of the Democratic-Republican Party, which he co-founded with Jefferson, opposing the Federalist Party led by Alexander Hamilton and John Adams. After his presidency, Madison retired to his Virginia estate, Montpelier, where he remained active in public affairs until his death in 1836. His contributions to American democracy, especially his commitment to individual liberties and limited government, have made him one of the most influential figures in U.S. history.
The U.S. Constitution is the supreme law of the United States, establishing the national framework of government, outlining the powers and responsibilities of each branch, and defines the fundamental rights and freedoms for citizens. Drafted in 1787 and ratified in 1788, it was designed to replace the Articles of Confederation and create a stronger, more unified federal government while protecting states right through the tenth amendment.
What he produced
The Constitution, which includes the Preamble, outlines the federal government’s purpose and role and also includes seven original Articles that organize government functions. The Amendments (currently 27), with the first ten collectively known as the Bill of Rights were added in 1791 to guarantee essential civil liberties such as freedom of speech, religion, and due process under the law. It also includes an outline that establishes a system of checks and balances by dividing power among three branches—Legislative (Congress), Executive (President), and Judicial (Supreme Court)—and a federalist structure that divides authority between the national government and the states.
The U.S. Constitution was written by a group of delegates known as the Founding Fathers which included key figures such as Alexander Hamilton, John Jay, George Washington, Ben Franklin and Gouverneur Morris, who was responsible for much of the actual wording, including the famous opening phrase, "We the People."
The founding fathers’ beliefs were a product of the Enlightenment thinkers like John Locke, Thomas Hobbes, David Hume, Jea-Jacques Rousseau and Montesquieu. The Enlightenment was a period of intellectual revival that built upon the foundational thinking laid out by ancient Greek philosophers. The emphasis on reason, ethics, political theory, and the nature of humanity were deeply influenced by the classical Greek philosophers.
An important concept was the importance of taking an oath, publicly declaring your intentions so that a leader could be held accountable. Socrates emphasized the importance of honesty, truthfulness, and integrity, which are fundamental to the concept of an oath. He believed in the power of an oath as a moral and social contract that upholds justice, as seen in his refusal to break his commitment to Athenian law, even when sentenced to death. In The Republic, Plato discusses the importance of truth and justice in an ideal society. Oaths, therefore, can be seen as extensions of these values, representing public commitment to truth and morality. In his Nicomachean Ethics, Aristotle highlights virtue ethics, which include virtues like honesty and integrity. He believed that oaths strengthen social trust and mutual respect, which are necessary for a stable community. For Aristotle, taking an oath is an act of character, reflecting the moral integrity of the individual.
John Locke, in his Second Treatise of Government, emphasizes social contracts and the trust people place in each other to uphold society. He viewed oaths as crucial for enforcing trust and order within a social contract. Oaths act as binding agreements that help preserve rights and justice within the political and social realms.
In Leviathan, Thomas Hobbes discusses oaths in the context of social contracts and the need for civil obedience. For Hobbes, oaths are binding promises that people make to maintain peace and avoid the chaos of the “state of nature.” He saw them as essential for creating order, as breaking an oath would undermine social stability.
Montesquieu’s concept of separation of powers and checks and balances influenced Madison’s ideas on structuring government and is the key to prevent any one branch from becoming too powerful. In The Spirit of the Laws (1748), Montesquieu argued that dividing power among executive, legislative, and judicial branches was essential for protecting liberty, a principle Madison advocated in the U.S. Constitution. Montesquieu viewed oaths as critical to the functioning of a just and orderly society, where they helped reinforce social trust, accountability, and the integrity of government institutions. In The Spirit of the Laws, he emphasized that oaths, particularly when taken by government officials or judges, reinforce the rule of law and demonstrate a commitment to uphold justice and duty. Montesquieu recognized that oaths could act as moral and legal promises that bind individuals to their word, fostering accountability and trust between the public and its governing institutions. He goes on to caution that the misuse or disregard of oaths could undermine public confidence in government and weaken the very foundation of a lawful society.
2024 why do we care?
An oath* is a solemn promise or declaration, typically made with a sense of duty or commitment, where a person pledges to speak the truth or uphold a particular duty, often invoking a higher authority, such as a deity, law, or personal honor. Oaths are commonly used in legal, governmental, or ceremonial acts as a way to reinforce one’s duties and the seriousness of one's word to uphold their responsibilities. Article VI, Clause 3 of the US Constitution states: “The Senators and Representatives before mentioned, and the members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution…”
Rooted in the works of Aristotle, virtue ethics emphasizes character over rules or outcomes. According to Aristotle, morality is about cultivating virtues (like courage, honesty, and compassion) to become a morally good person. He argues that moral actions naturally arise from a person’s virtuous character, which is developed over time through practice, moral education, and reflection. The Framers were influenced by Enlightenment thinkers and classical philosophy, which emphasized the importance of virtue in governance. Aristotle and Roman statesman Cicero argued that only those who possess moral virtue should participate in politics. However, Madison recognized the flaw in thinking only virtuous men would seek office, which is why he included Montesquieu theories on separation of powers and checks and balances, so no one branch of government got too powerful. Madison has been quoted, “If men were angels, no government would be necessary.”
From the ancient Greek philosophers to the Enlightenment thinkers to the early statesmen of the 13 colonies, they all emphasized oaths as instruments for maintaining trust, integrity, and social cohesion, viewing them as essential components of moral and civil responsibility. Your word as a bond, a handshake as executing a contract and holding up your right hand to take an oath to uphold your responsibilities, these are a constant thread for a functioning society from ancient Greece, the Roman republic to the United States.
Should we not listen to the wisdom of these great minds and hold our leaders to the very oath they take to the “Supreme Law of the Land”? This seems to be the very least we should ask of our elected leaders. Trust is not only the glue that holds society and the economy together but also the engine that makes them function effectively.
And now you know...
Thanks, Dad, for the gift of curiosity!
The oaths:
Presidential:
*“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”
Congress:
“I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
Military:
“I, [name], do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God.”
Judicial:
"I, [name], do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as [judge] under the Constitution and laws of the United States. So help me God.”
Philosophy is the art of thinking, the building block of progress that shapes critical thinking across economics, ethics, religion, and science.
METAPHYSICS: Literally, the term metaphysics means ‘beyond the physical.’ Typically, this is the branch that most people think of when they picture philosophy. In metaphysics, the goal is to answer the what and how questions in life. Who are we, and what are time and space?
LOGIC: The study of reasoning. Much like metaphysics, understanding logic helps to understand and appreciate how we perceive the rest of our world. More than that, it provides a foundation for which to build and interpret arguments and analyses.
ETHICS: The study of morality, right and wrong, good and evil. Ethics tackles difficult conversations by adding weight to actions and decisions. Politics takes ethics to a larger scale, applying it to a group (or groups) of people. Political philosophers study political governments, laws, justice, authority, rights, liberty, ethics, and much more.
AESTHETICS: What is beautiful? Philosophers try to understand, qualify, and quantify what makes art what it is. Aesthetics also takes a deeper look at the artwork itself, trying to understand the meaning behind it, both art as a whole and art on an individual level. A question an aesthetics philosopher would seek to address is whether or not beauty truly is in the eye of the beholder.
EPISTEMOLOGY: This is the study and understanding of knowledge. The main question is how do we know? We can question the limitations of logic, how comprehension works, and the ability (or perception) to be certain.