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Category: Constitutional Period

Drafts of the First Amendment in Congress, 1789

Drafts of the First Amendment in Congress, 1789

The First Amendment didn’t go from James Madison’s pen straight to the National Archives. It was the product of legislative wrangling in the House and Senate of the first Congress. Here, without annotation, are the different drafts the lawmakers considered. On June 8, 1789, James Madison proposed a religious freedom amendment to the Constitution: “That in article 1st, section 9, between clauses 3 and 4, be inserted these clauses, to wit: The civil rights of none shall be abridged on…

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Debate on the First Amendment, House of Representatives, August 15, 1789

Debate on the First Amendment, House of Representatives, August 15, 1789

Congress August 15, 1789 The most complete record of Congressional debate on the first amendment was in the House of Representatives. In it, you can see James Madison attempting to cobble together a winning majority by assuaging concerns of certain Congressman who feared that this amendment would limit the ability of the states to regulate or support religion. Madison assured them the states would still be free to treat religion as they liked. Aug. 15 The House again went into…

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