¹ See Orwin, Clifford, “Robert Nozick's Libertarian Utopia,” This World, No. 9 (Fall, 1984), 84–89.Google Scholar

² See in particular the work of Paul Eidelberg, Harry Jaffa, and Garry Wills.

³ Epstein, David, The Political Theory of ‘The Federalist’ (Chicago: University of Chicago Press, 1984), pp. 68–81.Google Scholar

⁴ Ibid., p. 71.

⁵ See ibid., pp. 76, 90.

⁶ This very brief essay is found in The Writings of Madison, ed. Hunt, G. (New York: G. P. Putnam, 1900–1910), 6:101–103.Google Scholar

⁷ See Epstein, , Political Theory of ‘The Federalist,’ p. 75.Google Scholar

⁸ As Eidelberg, Paul acknowledges in A Discourse on Statesmanship (Urbana: University of Illinois, 19740, pp. 423–24.Google Scholar

⁹ For St. Augustine, for example, it is self-evident to the individual person that the politically recognized distinctions between ruler and ruled, citizen and alien, and so forth are superficial or “outward” and inessential to the self.

There is a tendency for Leo Strauss-inspired scholars to obscure the nature of the Christian break with the “classical” thought of Plato, Aristotle, and so forth. Ernest Fortin, for example, in his essay in Strauss and Cropsey, says that for Augustine: “Man is by nature a social animal, who alone has been endowed with speech, by means of which he is able to communicate and enter into various relationships with other men. It is only by associating with his fellow men and forming with them a political community that man attains his perfection” (second edition, p. 155).

But Augustine never says that man is a political animal, that his perfection occurs in a political context. Even his perfection as a social animal is transpolitical; it is as a member of religious community. The Christian break with the ancients and its contribution to modern liberalism is described meticulously in Adela Gondek's (of Rider College) unpublished manuscript, The Medieval Origins of Modern Liberalism.

¹⁰ The Memorial and Remonstrance is found in The Papers of James Madison, ed. Rutland, R. A. and Rachal, M. E. (Chicago: University of Chicago Press, (1971– ), 8:295–306.Google Scholar This quotation and those in the above paragraph are from paragraph 1 of the Memorial.

The only really careful study of the Memorial and Remonstrance is Brann, Eva, “Madison's ‘Memorial and Remonstrance’: A Model of American Eloquence,” Rhetoric and American Statesmanship, ed. Wallin, J. and Thurow, G. (Durham: Carolina Academic Press, 1984), pp. 1–46.Google Scholar I am indebted to this essay in many ways which cannot be adequately acknowledged in these notes.

¹¹ See Brann, , “Madison's ‘Memorial and Remonstrance,’” p. 15.Google Scholar

¹² Zuckert, Michael P., “An Introduction to Locke's First Treatise,” Interpretation, 8 (01, 1979), 71–72.Google Scholar

¹³ Ibid., pp. 72–73.

¹⁴ See Tarcov, Nathan, Locke's Education for Liberty (Chicago: University of Chicago Press, 1984), pp. 8, 209–211 and passim.Google Scholar

¹⁵ Kraynak, Robert P., “John Locke: From Absolutism to Toleration,” American Political Science Review, 74 (03, 1980), 64.CrossRefGoogle Scholar My remarks on Locke's Letter are indebted to Kraynak's fine essay throughout.

¹⁶ Locke, John, Letter on Toleration, ed. Romanell, P. (Indianapolis: Bobbs-Merrill, 1950), p. 36.Google Scholar

¹⁷ Locke, John, Essay Concerning Human Understanding ed. Fraser, A. (New York: Dover Publications, 1959), 1:71.Google Scholar

¹⁸ This point is well demonstrated in de Tocqueville, Alexis's Democracy in America.Google Scholar See my “Tocqueville on Democracy and Pantheism,” presented to the 1985 Claremont Institute Conference on Democracy and tentatively scheduled for publication by the institute in a book of essays on Tocqueville.

¹⁹ See Kraynak, , “John Locke: From Absolutism to Toleration,” p. 68.Google Scholar

²⁰ Malbin, Michael, Religion and Politics: The Intentions of the Authors of the First Amendment (Washington: American Enterprise Institute, 1978), p. 26.Google Scholar

²¹ Brann, , “Madison's ‘Memorial and Remonstrance,’” p. 15.Google Scholar

²² Malbin, , Religion and Politics, p. 27.Google Scholar

²³ See Tarcov, Nathan, “A ‘Non-Lockean’ Locke and the Character of Liberalism,” Liberalism Reconsidered, ed. MacLean, D. and Mills, C. (Totowa, N. J.: Rowan and Allanheld, 1983)Google Scholar and the book by Tarcov cited in note 14.

²⁴ Murray, John Courtney, We Hold These Truths (New York: Sheed and Ward, 1960), pp. 310–13.Google Scholar See my “Natural Law and the American Regime: Murray's We Hold These Truths,” Communio: International Catholic Review, 9 (Winter, 1982), 380–83.Google Scholar

²⁵ See my “Theology and America's Liberal Democracy,” Modern Age, forthcoming.Google Scholar

²⁶ Madison, , Papers, 10:33.Google Scholar

²⁷ Ibid., 9: 356.

²⁸ See Landi, Alexander, “Madison's Political Theory,” The Political Science Reviewer, 6 (1976), 84.Google Scholar For different evidence in support of this conclusion see Wallin, Jeffrey D., “John Locke and the American Founding,” Natural Right and Political Right, ed. Silver, T. B. and Schramm, P. W. (Durham: Carolina Academic Press, 1984), pp. 143–69.Google Scholar

²⁹ Epstein's illuminating chapter entitled “Theoretical Uncertainty and Honorable Determination” (pp. 111–25)Google Scholar showed me the importance of the quotations from The Federalist in this paragraph.

³⁰ Memorial and Remonstrance, par. 3.

³¹ Memorial and Remonstrance, par. 12.

³² Madison, to Livingston, Edward, 10 07 1822Google Scholar (in Writings, 9:98–103).Google Scholar

³³ Memorial, par. 3, 15, and “On Property.” See Brann, , “Madison's ‘Memorial and Remonstrance,’” p. 27.Google Scholar

³⁴ Madison, to Livingston, , 10 07 1822.Google Scholar

³⁵ But see Brann, , “Madison's ‘Memorial and Remonstrance,’” p. 46.Google Scholar

³⁶ Ibid., p. 34: Madison's “preference for sectarian variety rests on the limits and necessities of observed human nature, and not on a doctrinal disavowal of the search for truth.”

³⁷ Memorial, par. 4.

³⁸ Madison, to Livingston, , 10 07 1822.Google Scholar

³⁹ Jaffa, Harry, American Conservatism and the American Founding (Durham: Carolina Academic Press, 1984), p. 45.Google Scholar

⁴⁰ Ibid., pp. 41–42.

⁴¹ Ibid., p. 41.

⁴² See my “Leo Strauss, Platonic Political Philosophy, and the Teaching of Political Science,” Teaching Political ScienceGoogle Scholar, forthcoming.

⁴³ This paragraph and the one above are indebted to McWilliams, Wilson Carey et al. , “The Constitution and the Education of Citizens,” unpublished manuscript.Google Scholar

⁴⁴ Landi, , “Madison's Political Theory,” p. 78.Google Scholar

⁴⁵ See ibid., pp. 76–80.

⁴⁶ Berns, Walter, The First Amendment and the Future of American Democracy (New York: Basic Books, 1976), p. 1.Google Scholar

⁴⁷ Ibid., pp. 15–30. See also Berns, , “Comments,” This World, No. 6 (Fall, 1983), pp. 96–101.Google Scholar

⁴⁸ Berns, , First Amendment, p. 30.Google Scholar

⁴⁹ Anastaplo, George, “American Constitutionalism and the Virtue of Prudence,” Abraham Lincoln, The Gettysburg Address, and American Constitutionalism, ed. de Alvarez, Leo Paul S. (Dallas: University of Dallas Press, 1976), note 52.Google Scholar

⁵⁰ Berns, , First Amendment, pp. 7–8.Google Scholar

⁵¹ Berns, , “Comments,” p. 101.Google Scholar