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Old 11-27-2002, 09:50 AM   #1
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Talking Who wrote the First Amendment?

I was under the impression that it was done in a committee, but the main drive behind it was James Madison. Is this wrong?

I ask because I saw a Christian website just now that claimed it was written by some man named Ames from Massachusetts and this man was a supporter of the bible as a text book yada yada yada.

-B
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Old 11-27-2002, 10:12 AM   #2
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Buffman can probably come up with something more detailed, but you can start here:

<a href="http://www.religioustolerance.org/amend_1.htm" target="_blank">ReligiousTolerance.org on the First Amendment</a>

Ames proposed this wording:

Quote:
House version, AUG-20 "Congress shall make no law establishing religion, or to prevent the free exercise thereof, or to infringe the rights of conscience." (Moved by Fisher Ames)
The final wording, which is stronger ("no law respecting and establishment of religion") came from a conference committee.
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Old 11-27-2002, 09:58 PM   #3
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I've long understood that Ames is in fact the author of the wording of our First Amendment.

[ November 27, 2002: Message edited by: fromtheright ]</p>
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Old 11-28-2002, 04:09 AM   #4
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(Current 1st 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.

(House version of the wording moved by Fisher Ames and adopted as reflected in the Congressional Register, August 20, 1789, vol. 2, p. 242. col. 2) \
"Congress shall make no law establishing religion, or to prevent the free exercise thereof, or to infringe the rights of conscience.

I wish I could provide a straight forward answer to this issue, but I can't. It is far more involved than whether some Christian or Deist or whatever, individually crafted the "exact" words we find in the ratified 1st Amendment. Anyone who is bold enough to claim that this man or that man is responsible for the concept and wording is in for a very rude historical enlightenment.

The "Establishment and Free Exercise Clauses" could well be defined as having arisen from the concept of the natural rights of man. However, even Jefferson admitted that that concept was not an original one in the history of humankind. I will chance saying that it actually "evolved" from the minds, words and writings of numerous men.

If I were forced to name only one man as the most responsible for "a" Bill of Rights which included phrases found in the 1st Amendment, my first choice would be George Mason of Virginia, a close friend to both Madison and Jefferson.

(12 June 1776 Mason Papers 1:287--89. Note date and item #16)

<a href="http://press-pubs.uchicago.edu/founders/documents/v1ch1s3.html" target="_blank">http://press-pubs.uchicago.edu/founders/documents/v1ch1s3.html</a>

(5 Dec 1776 Papers 1:318)

<a href="http://press-pubs.uchicago.edu/founders/documents/amendI_religions33.html" target="_blank">http://press-pubs.uchicago.edu/founders/documents/amendI_religions33.html</a>

(27 June 1788 Elliot 3:657--61. Note date and item #20)

<a href="http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss9.html" target="_blank">http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss9.html</a>

Here is some of what transpired before the Ames Aug. 20th wording was adopted.

<a href="http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss11.html" target="_blank">http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss11.html</a>

On August 21, 1789, upon further House consideration, the following was adopted: (HJ, p. 107)

"Third. Congress shall make no law establishing religion, or prohibiting the free exercise thereof, nor shall the rights of conscience be infringed."

On August 25, 1789, the House wording was read to the Senate.

On September 3, 9, & 21, 1789, the Senate labored over the wording attempting several significant changes. On Aug. 24, 1789 the final wording that we have today was agreed and returned to the House.

So when you ask "Who wrote the 1st Amendment," my considered opinion would be that each of the various state legislatures submitted proposed amendments, which James Madison synthesized into just 12 to be considered by Congress, who did a good deal of word-mechanic work on them. Then they were sent back to the states as the first 12 Amendments (Bill of Rights) for ratification. Only 10 received enough votes. (3-12)

<a href="http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss12.html" target="_blank">http://press-pubs.uchicago.edu/founders/documents/bill_of_rightss12.html</a>

My personal commentary: Only by understanding the accurate history of those times, those politicians, and the need to hold the states together in their ratification of the basic Constitution, can you even begin to get a glimmer of what the final wording was intended to accomplish. However, let there be no doubt that those first 10 Amendments were designed to limit the power of the federal (national), not the state, governments.

Had these men wished to make America a Christian Nation, they had every kind of opportunity to do so and choose not to. Therefore it matters very little what specific religious faith was professed by any of them. They choose a secular, rather than sectarian, path for the national government to follow...which it had done rather successfully until this current administration.

[ November 28, 2002: Message edited by: Buffman ]</p>
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Old 11-28-2002, 02:01 PM   #5
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The dying fundamentalist movement will grasp at any straw, no matter how fragile or pathetic, in an attempt to prove they have a place in modern society.
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