RELIGION AND THE BILL OF RIGHTS

RELIGION AND THE BILL OF RIGHTS

Many Americans were disappointed that the Constitution did not contain a bill of rights that would explicitly enumerate the rights of American citizens and enable courts and public opinion to protect these rights from an oppressive government. Supporters of a bill of rights permitted the Constitution to be adopted with the understanding that the first Congress under the new government would attempt to add a bill of rights.James Madison took the lead in steering such a bill through the First Federal Congress, which convened in the spring of 1789. The Virginia Ratifying Convention and Madison's constituents, among whom were large numbers of Baptists who wanted freedom of religion secured, expected him to push for a bill of rights. On September 28, 1789, both houses of Congress voted to send twelve amendments to the states. In December 1791, those ratified by the requisite three fourths of the states became the first ten amendments to the Constitution. Religion was addressed in the First Amendment in the following familiar words: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." In notes for his June 8, 1789, speech introducing the Bill of Rights, Madison indicated his opposition to a "national" religion. Most Americans agreed that the federal government must not pick out one religion and give it exclusive financial and legal support.

Proposed Constitutional Amendments The Virginia Ratifying Convention approved the Constitution with the understanding that the state's representatives in the First Federal Congress would try to procure amendments that the Convention recommended. The twentieth proposed amendment deals with religion; it is an adaptation of the final article in the Virginia Declaration of Rights of 1776 with this additional phrase: "that no particular religious sect or society ought to be favored or established by Law in preference to others." Proposed amendments to the Constitution of the United States [page one] - [page two] - [page three] - [page four] Virginia Ratifying Convention, Broadside, June 25, 1788 Rare Book and Special Collections Division, Library of Congress (147)   Baptist Preacher's Objections to the Constitution The influential Baptist preacher, John Leland, wrote a letter, containing ten objections to the Federal Constitution, and sent it to Colonel Thomas Barbour, an opponent of the Constitution in James Madison's Orange County district. Leland's objections were copied by Captain Joseph Spencer, one of Madison's Baptist friends, and sent to Madison so that he could refute the arguments. Leland's final objection was that the new constitution did not sufficiently secure "What is dearest of all---Religious Liberty." His chief worry was "if a Majority of Congress with the President favour one System more than another, they may oblige all others to pay to the support of their System as much as they please." Objections to the Federal Constitution, [February 1788] [page one] - [page two] John Leland Manuscript Division, Library of Congress (148)

Madison's Notes for the Bill of Rights Madison used this outline to guide him in delivering his speech introducing the Bill of Rights into the First Congress on June 8, 1789. Madison proposed an amendment to assuage the anxieties of those who feared that religious freedom would be endangered by the unamended Constitution. According to The Congressional Register Madison, on June 8, moved that "the civil rights of none shall be abridged on account of religious belief or worship, nor shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext infringed."  Notes for a speech introducing the Bill of Rights, [June 8, 1789] [page one] - [page two] James Madison, Holograph notes Manuscript Division, Library of Congress (149) The Bill of Rights The necessary two thirds majority in each house of Congress ratified the Bill of Rights on September 28, 1789. As sent to the states for approval, the Bill of Rights contained twelve proposed amendments to the Constitution. Amendments One and Two did not receive the required approval of three fourths of the states. As a result, Article Three in the original Bill of Rights became the First Amendment to the Constitution. This copy on vellum was signed by Speaker of the House Frederick Muhlenberg, Vice President John Adams, and Secretary of State Samuel Otis. The Bill of Rights (the John Beckley copy) September 28, 1789. Holograph manuscript on vellum Manuscript Division, Library of Congress (150)