What is the11th amendment that Madison proposed but was rejected?

Question

the 11th amendment that was to be included into the Bill of Rights

No, before the Bill of Rights, Madison proposed 12 amendments (more but they didn't go far) the 11th one was defeated and the 12th was forgotten for 200 years or so and then some college kid found it and it was passed as an amendment (saying that members of congress could not raise their salaries when holding office)

Answer 1

You have it nearly correct. Part of what you are referring to is the proposal of Charles Cotesworth Pinckney (Delegate of South Carolina to the Constitutional Convention) to the ‘Committee on Detail 20 August 1787.’ This came from the fact that several States had Bills of Rights in their then existing State Constitution and many wanted such in the new Constitution then being developed. This came up before the Committee 12September 1787 and was shortly thereafter rejected.

During the ratification process for the newly proposed Constitution concern was voiced from many areas that there was not guarantee of Rights. The concern was of significant degree to have doubt as to the ratification of the proposed Constitution. With ratification in serious doubt, Federalists announced a willingness to take up the matter of a series of amendments, to be called the Bill of Rights, soon after ratification and the First Congress comes into session.

Thomas Jefferson, who did not attend the Constitutional Convention, in a December 1787 letter to Madison called the omission of a Bill of Rights a major mistake: "A bill of rights is what the people are entitled to against every government on earth."

by the fall of 1788, Madison believed that a declaration of rights should be added to the Constitution. Its value, in Madison's view, was in part educational, in part as a vehicle that might be used to rally people against a future oppressive government, and finally--in an argument borrowed from Thomas Jefferson--Madison argued that a declaration of rights would help install the judiciary as "guardians" of individual rights against the other branches. This reason is within the concept of Founder intent that the Federal Government should exist within, and be limited to, the delegated powers within the Constitution.

The First Congress (1789) established a Committee to write a Bill of Rights to be proposed to the States. His original set of proposed amendments included some that were either rejected or substantially modified by Congress (prior to being proposed to the States), and one (dealing with apportionment of the House) that was not ratified by the required three-fourths of the state legislatures when it was proposed to the States.

Some of the rejections were very significant, such as the decision not to adopt Madison's proposal to extend free speech protections to the states, and others somewhat less important (such as the dropping of Madison's language that required unanimous jury verdicts for convictions in all federal cases).

Some members of Congress argued that a listing of rights of the people was a silly exercise, in that all the listed rights inherently belonged to citizens, and nothing in the Constitution gave the Congress the power to take them away. It was even suggested that the Bill of Rights might reduce liberty by giving force to the argument that all rights not specifically listed could be infringed upon. In part to counter this concern, the Ninth Amendment was included providing that "The enumeration in the Constitution of certain rights, shall not be construed to deny or disparage other rights retained by the people."

The significance of Founder’s intent with the so called Bill of Rights was that they applied to the Federal Government. The First eight (that were ratified) were in ‘exclusionary in nature’ in that that only excluded the Federal government from specific acts. The Ninth and Tenth were considered declaratory as statements of basic truths applicable in all places at all times. Most of the protections of the Bill of Rights eventually would be extended to state infringements as well federal infringements though the "doctrine of incorporation" beginning in the early to mid-1900s. The doctrine rests on interpreting the Due Process Clause of the Fourteenth Amendment as prohibiting states from infringing on the most fundamental liberties of its citizens. This was not the intention of the Founders and could not exist without the XIV Amendment [1868] which although applied as a active amendment never met Constitutional ratification requirements.

The two proposed Amendments not ratified in the initial ratification of the Bill of Rights were:

Article the first . . . After the first enumeration required by the first Article of the Constitution, there shall be one Representative for every thirty thousand, until the number shall amount to one hundred, after which, the proportion shall be so regulated by Congress, that there shall be not less than one hundred Representatives, nor less than one Representative for every forty thousand persons, until the number of Representatives shall amount to two hundred, after which the proportion shall be so regulated by Congress, that there shall not be less than two hundred Representatives, nor more than one Representative for every fifty thousand persons.
Article the second . . . No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.
The Second Article was eventually ratified 7 May 1992 and was so ratified by 40 of the then 50 States. This occurred because there was not sunshine clause attached to the proposed articles and that not voted rejected could continue until either ratified or rejected.

The First Article was rejected during the original ratification process in that it didn’t meet the 3/4s ratification requirement.

As can be seen, neither of these two amendments under question were the 11th Amendment, rather they were proposed as the 1st and 2nd and if ratified in the original proposal would have be ratified in that order.

Answer 2

As you can see, the 11th Amendment was passed and not rejected!

Amendment XI

Passed by Congress March 4, 1794. Ratified February 7, 1795.

The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.


Article III, section 2, of the Constitution was modified by this amendment.

Answer 3

I think you maybe refering to the Congressional Appointment Amendment. There is a description of it on wikipedia.