The Madison Warning
The Madisonian Framework of Universal Justice The Indivisible Fabric of Due Process #MadisonVsTrump... 1. Universal in its Application Madison’s core thesis in Federalist No. 10 was that a fair society cannot exist if a person (or a faction) is allowed to be a "judge in his own cause." The Umpire State: To Madison, the law must function as a neutral umpire. If the state is allowed to tip the scales by applying different sets of rules to different groups—whether based on political affiliation, legal status, or public popularity—the "umpire" mechanism fails. Once the state becomes a participant in the factional struggle rather than the arbiter of it, justice is replaced by force. If America due process is dead so is the presumption of innocence Trump relies on... 2. The "Sacred Shield" vs. "Parchment Barriers" Madison famously warned t...