March 4, 1789 the 1st United States Congress meets at Federal Hall in New York City. Under the request of the State Legislators James Madison drafts and proposes twenty constitutional amendments to guarantee and enumerate civil liberties. During the constitutional convention anti-federalist were adamant that a bill of rights be included in the U.S. Constitution for fear of an overreaching oppressive federal government. After the ratification there was a push to hold another constitutional convention and the fear of another constitutional convention persuaded several legislators who were against a bill of rights to now support the adoption of such documents. James Madison who was against the Bill of Rights during the convention will now be the one to draft and champion them over the next two years.
The first draft of the First Amendment wasn’t really amendment one it was actually the third amendment “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. The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments; and the freedom of the press, as one of the great bulwarks of liberty, shall be inviolable. The people shall not be restrained from peaceably assembling and consulting for their common good; nor from applying to the Legislature by petitions, or remonstrances, for redress of their grievances.” Congress and the senate drastically shortened the draft to what we know today and submitted it to the states for ratification September 25, 1789.
December 15, 1791 the First Amendment “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,” was ratified by the required number of states. When you read the amendment what comes to mind? Can you think of any instances that the government violates this amendment? If a government requires a permit and/or fee does this constitute a violation of said protected right?? If the government can deny your request, is that a violation to you? Do you think the federal government has over stepped the First Amendment? Has the federal government censored free speech, stopped petitions of grievances or forced the break up of a peaceful assembly?? Next week we will explore what I believe to be complete violations of the First Amendment and I need you to judge for yourself with the information I’m going to lay before you. Join me next week for Supreme Court rulings, actions of the government and examples of a government who stymies the voices who speak out.