United States Congress (September 25, 1789) voted on the final version of the first ten amendments to the Constitution, known as the Bill of Rights. The First Amendment states:
<Congress shall make no law respecting the establishment of religion, or prohibiting the free exercise thereof.> 1789US019
The initial draft of the first amendment was made by James Madison, of Virginia, on June 8, 1789. His wording was:
<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.> 1789US020
George Mason, the author of the Virginia Declaration of Rights and a member of the Constitutional Convention, was largely responsible for the States' insistence that the powers of Congress be limited by a Bill of Rights. For this effort he is referred to as the Father of the Bill of Rights.
George Mason suggested the wording of the First Amendment be:
<All men have an equal, natural and unalienable right to the free exercise of religion, according to the dictates of conscience; and that no particular sect or society of Christians ought to be favored or established by law in preference to others.> 1789US021
On August 15, 1789, the House Select Committee revised the proposed wording to:
<No religion shall be established by law, nor shall the equal rights of conscience be infringed.> 1789US022
Peter Sylvester, Representative of New York, had some doubts as to the
Select Committee's version, as:
<It might be thought to have a tendency to abolish religion altogether.> 1789US023
Mr. Elbridge Gerry of Massachusetts said it would read better:
<No religious doctrine shall be established by law.> 1789US024 James Madison said he:
<...apprehended the meaning of the words to be, that Congress should not establish a religion and enforce the legal observation of it by law, nor compel men to worship God in any manner contrary to their conscience.> 1789US025
Representative Benjamin Huntington, son of the prestigious governor of Connecticut, protested that:
<The words might be taken in such latitude as to be extremely hurtful to the cause of religion.> 1789US026
Representative Huntington then suggested that:
<The amendment be made in such a way as to secure the rights of religion, but not to patronize those who professed no religion at all.> 1789US027
James Madison then responded agreeably to Representative Huntington and Representative Peter Sylvester, that he:
<...believes that the people feared one sect might obtain a preeminence, or two [Anglican and Congregational] combine and establish a religion to which they would compel others to conform.> 1789US028
Roger Sherman did not even want an amendment, realizing that the federal government was not to have any say in what was under the individual States' jurisdictions. James Madison wanting to clarify that the individual States would not be limited by the Amendment proposed the insertion of the word before religion:
<national.> 1789US029
On August 15, 1789, Samuel Livermore of New Hampshire proposed the wording:
<Congress shall make no laws touching religion, or infringing the rights of conscience.> 1789US030
The House agreed and accepted the first five words of this version.
On August 20, 1789, Fisher Ames of Massachusetts introduced the language:
<Congress shall make no law establishing religion, or to prevent the free exercise thereof, or to infringe the rights of conscience.> 1789US031
This proposal was accepted by the House, which then sent it to the Senate for discussion. On September 3, 1789, the Senate proposed several versions in succession:
<Congress shall not make any law infringing the rights of conscience, or establishing any religious sect or society.> 1789US032
<Congress shall make no law establishing any particular denomination of religion in preference to another, or prohibiting the free exercise thereof, nor shall the rights of conscience be infringed.> 1789US033
<Congress shall make no law establishing one religious society in preference to others, or to infringe on the rights of conscience.> 1789US034
The version accepted by the Senate at the end of the day, September 3, 1789 was:
<Congress shall make no law establishing religion, or prohibiting the free exercise thereof.> 1789US035
On September 9, 1789, the Senate agreed on the version:
<Congress shall make no law establishing articles of faith or a mode of worship, or prohibiting the free exercise of religion.> 1789US036
This proposal was then sent to a joint committee of both the House and the Senate to reconcile the differences. The final wording agreed upon was:
<Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.> 1789US037
On December 15, 1791, The Bill of Rights was finally ratified by the states. This was a declaration of what the federal government could not do, leaving the States free within the controls of their own constitutions.
The First Amendment in its entirety, states:
<Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.> 1789US038
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American Quotations by William J. Federer, 2024, All Rights Reserved, Permission granted to use with acknowledgement.
Endnotes:
1789US019. William J. Federer, American Quotations (2014). United States Congress. September 25, 1789, the First Amendment. Michael J. Malbin, Religion and Politics-The Intentions of the Authors of the First Amendment (Washington: 1978). William Miller, The First Liberty-Religion and the American Republic (NY: 1986). Linda DePauw, et al., eds., Documentary History of the First Federal Congress... (Baltimore: 1972 and following) (work in progress). M.E. Bradford, Religion & The Framers: The Biographical Evidence (Marlborough, NH: The Plymouth Rock Foundation, 1991), p. 12. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, Ok: Tulsa Christian Times, October 1992), p. 7. Edwin S. Gaustad, Neither King nor Prelate-Religion and the New Nation, 1776-1826 (Grand Rapids, MI: William B. Eerdmans Publishing Company, 1993), pp. 157-158.
1789US020. William J. Federer, American Quotations (2014). United States Congress. June 8, 1789, James Madison introducing the initial version of the First Amendment. Annals of the Congress of the United States-First Congress, The Debates and Proceedings in the Congress of the United States with an Appendix Containing Important State Papers and Public Documents and All the Laws of a Public Nature-with a Copious Index 42 vols. (Washington, D.C.: Gales & Seaton, 1834-56), Vol. I, p. 434. Gaillard Hunt, ed., Writings of James Madison, comprising his public papers and his private correspondence, for the first time printed, 9 vols. (NY: G.P. Putnam's Sons, 1900-1910). Norman Cousins, In God We Trust-The Religious Beliefs and Ideas of the American Founding Fathers (NY: Harper & Brothers, 1958), pp. 316-317. Foundations of Freedom-The Constitution & Bill of Rights (Chesapeake, VA: The National Legal Foundation, 1985), p. 22. John Eidsmoe, Christianity and the Constitution-The Faith of Our Founding Fathers (Grand Rapids, MI: Baker Book House, A Mott Media Book, 1987; 6th printing, 1993), p. 109. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, OK: Tulsa Christian Times, October 1992), p. 7. Edwin S. Gaustad, Neither King nor Prelate-Religion and the New Nation, 1776-1826 (Grand Rapids, MI: William B. Eerdmans Publishing Company, 1993), p. 157.
1789US021. William J. Federer, American Quotations (2014). United States Congress. George Mason, in his previously proposed wording to be considered for the First Amendment. Kate Mason Rowland, The Life of George Mason (New York: G.P. Putnam's Sons, 1892), Vol. I, p. 244.
1789US022. William J. Federer, American Quotations (2014). United States Congress. August 15, 1789, the House Select version of the First Amendment. Annals of the Congress of the United States-First Congress (Washington, D.C.: Gales & Seaton, 1834), Vol. I, p. 434. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, OK: Tulsa Christian Times, October 1992), p. 7. Edwin S. Gaustad, Neither King nor Prelate-Religion and the New Nation, 1776-1826 (Grand Rapids, MI: William B. Eerdmans Publishing Company, 1993), p. 157.
1789US023. William J. Federer, American Quotations (2014). United States Congress. August 15, 1789, Peter Sylvester of New York debating the First Amendment. The Debates and Proceedings in the Congress of the United States (Washington, D.C.: Gales and Seaton, 1834), Vol. I, p. 757-759. M.E. Bradford, Religion & The Framers: The Biographical Evidence (Marlborough, NH: The Plymouth Rock Foundation, 1991), p. 11. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, OK: Tulsa Christian Times, October 1992), p. 7.
1789US024. William J. Federer, American Quotations (2014). United States Congress. August 15, 1789, statement by Mr. Elbridge Gerry of Massachusetts regarding the wording of the proposed First Amendment. The Debates and Proceedings in the Congress of the United States (Washington, D.C.: Gales and Seaton, 1834), Vol. I, p. 757-759.
1789US025. William J. Federer, American Quotations (2014). United States Congress. August 1789, James Madison's notes on the debates on the First Amendment. The Debates and Proceedings in the Congress of the United States (Washington, D.C.: Gales and Seaton, 1834), Vol. I, p. 757-759. Philip B. Kurland and Ralph Lerner, eds., The Founders' Constitution, 5 vols. (Chicago: University of Chicago Press, 1987), Vol. V, p. 93. M.E. Bradford, Religion & The Framers-The Biographical Evidence (Marlborough, NH: The Plymouth Rock Foundation, Inc., 1991), p. 12. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, OK: Tulsa Christian Times, October 1992), p. 7.
1789US026. William J. Federer, American Quotations (2014). United States Congress. August 1789, Benjamin Huntington, in the debates on the First Amendment. M.E. Bradford, Religion & The Framers: The Biographical Evidence (Marlborough, NH: The Plymouth Rock Foundation, 1991), p. 11. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, OK: Tulsa Christian Times, October 1992), p. 7.
1789US027. William J. Federer, American Quotations (2014). United States Congress. August 1789, Benjamin Huntington proposing adjustment to the wording of the First Amendment. M.E. Bradford, Religion & The Framers: The Biographical Evidence (Marlborough, NH: The Plymouth Rock Foundation, 1991), p. 11. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, OK: Tulsa Christian Times, October 1992), p. 7.
1789US028. William J. Federer, American Quotations (2014). United States Congress. August 1789, James Madison's response to Benjamin Huntington and Peter Sylvester regarding the First Amendment. Philip B. Kurland and Ralph Lerner, eds., The Founders' Constitution, 5 vols. (Chicago: University of Chicago Press, 1987), Vol. V, p. 93. M.E. Bradford, Religion & The Framers- The Biographical Evidence (Marlborough, NH: The Plymouth Rock Foundation, Inc., 1991), p. 12.
1789US029. William J. Federer, American Quotations (2014). United States Congress. August 1789, James Madison's notes on the debates on the First Amendment. The Debates and Proceedings in the Congress of the United States (Washington, D.C.: Gales and Seaton, 1834), Vol. I, p. 757-759. Philip B. Kurland and Ralph Lerner, eds., The Founders' Constitution, 5 vols. (Chicago: University of Chicago Press, 1987), Vol. V, p. 93. M.E. Bradford, Religion & The Framers-The Biographical Evidence (Marlborough, NH: The Plymouth Rock Foundation, Inc., 1991), p. 12. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, OK: Tulsa Christian Times, October 1992), p. 7.
1789US030. William J. Federer, American Quotations (2014). United States Congress. August 15, 1789, Samuel Livermore of New Hampshire proposed wording of the First Amendment. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, OK: Tulsa Christian Times, October 1992), p. 7. Annals of the Congress of the United States-First Congress (Washington, D.C.: Gales & Seaton, 1834), Vol. I, pp. 729, 731. Edwin S. Gaustad, Neither King nor Prelate-Religion and the New Nation, 1776-1826 (Grand Rapids, MI: William B. Eerdmans Publishing Company, 1993), p. 157.
1789US031. William J. Federer, American Quotations (2014). United States Congress. August 20, 1789, Fisher Ames of Massachusetts introduced language for the First Amendment. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, OK: Tulsa Christian Times, October 1992), p. 7. Annals of the Congress of the United States-First Congress (Washington, D.C.: Gales & Seaton, 1834), Vol. I, pp. 729, 731. Edwin S. Gaustad, Neither King nor Prelate- Religion and the New Nation, 1776-1826 (Grand Rapids, MI: William B. Eerdmans Publishing Company, 1993), p. 157.
1789US032. William J. Federer, American Quotations (2014). United States Congress. September 3, 1789, the Senate proposed several versions of the First Amendment. Annals of the Congress of the United States-First Congress (Washington, D.C.: Gales & Seaton, 1834), Vol. I, pp. 729, 731.
1789US033. William J. Federer, American Quotations (2014). United States Congress. September 3, 1789, the Senate proposed several versions of the First Amendment. Annals of the Congress of the United States-First Congress (Washington, D.C.: Gales & Seaton, 1834), Vol. I, pp. 729, 731. S.E. Morrison, ed., Sources and Documents Illustrating the American Revolution, 1754-1788, and the Formation of the Federal Constitution (New York: Oxford University Press, 1923), p. 158. Edwin S. Gaustad, Neither King nor Prelate-Religion and the New Nation, 1776-1826 (Grand Rapids, MI: William B. Eerdmans Publishing Company, 1993), p. 158.
1789US034. William J. Federer, American Quotations (2014). United States Congress. September 3, 1789, the Senate proposed several versions of the First Amendment. Annals of the Congress of the United States-First Congress (Washington, D.C.: Gales & Seaton, 1834), Vol. I, pp. 729, 731. S.E. Morrison, ed., Sources and Documents Illustrating the American Revolution, 1754-1788, and the Formation of the Federal Constitution (New York: Oxford University Press, 1923), p. 158. Edwin S. Gaustad, Neither King nor Prelate-Religion and the New Nation, 1776-1826 (Grand Rapids, MI: William B. Eerdmans Publishing Company, 1993), p. 158.
1789US035. William J. Federer, American Quotations (2014). United States Congress. September 3, 1789, the Senate accepted this version of the First Amendment. Annals of the Congress of the United States-First Congress (Washington, D.C.: Gales & Seaton, 1834), Vol. I, pp. 729, 731. Edwin S. Gaustad, Neither King nor Prelate-Religion and the New Nation, 1776-1826 (Grand Rapids, MI: William B. Eerdman Publishing Company, 1993), p. 158. S.E. Morrison, ed., Sources and Documents Illustrating the American Revolution, 1754-1788, and the Formation of the Federal Constitution (New York: Oxford University Press, 1923), p. 158.
1789US036. William J. Federer, American Quotations (2014). United States Congress. September 9, 1789, the Senate agreed of this version of the First Amendment. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, OK: Tulsa Christian Times, October 1992), p. 7. Annals of the Congress of the United States-First Congress (Washington, D.C.: Gales & Seaton, 1834), Vol. I, pp. 729, 731. Edwin S. Gaustad, Neither King nor Prelate-Religion and the New Nation, 1776-1826 (Grand Rapids, MI: William B. Eerdmans Publishing Company, 1993), p. 158. S.E. Morrison, ed., Sources and Documents Illustrating the American Revolution, 1754-1788, and the Formation of the Federal Constitution (New York: Oxford University Press, 1923), p. 158.
1789US037. William J. Federer, American Quotations (2014). United States Congress. September 25, 1789, wording agreed upon by a joint committee of the House and Senate. Wells Bradley, "Religion and Government: The Early Days" (Tulsa, OK: Tulsa Christian Times, October 1992), p. 7. Annals of the Congress of the United States-First Congress (Washington, D.C.: Gales & Seaton, 1834), Vol. I, pp. 729, 731. S.E. Morrison, ed., Sources and Documents Illustrating the American Revolution, 1754-1788, and the Formation of the Federal Constitution (New York: Oxford University Press, 1923), p. 158. Edwin S. Gaustad, Neither King nor Prelate-Religion and the New Nation, 1776-1826 (Grand Rapids, MI: William B. Eerdmans Publishing Company, 1993), p. 158.
1789US038. William J. Federer, American Quotations (2014). United States Congress. September 25, 1789, the Bill of Rights were passed by Congress, December 15, 1791, they were ratified by the states. Charles W. Eliot, LL.D., ed., American Historical Documents 1000-1904 (New York: P.F. Collier & Son Company, The Harvard Classics, 1910), Vol. 43, pp. 206-208. Foundations of Freedom-The Constitution & Bill of Rights (Chesapeake, VA: The National Legal Foundation, 1985), p. 23.