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Attorneys - Legal Case Summary
Philadelphia, Pennsylvania
The Legal Case for and Against Teaching Intelligent Design
Norman Perlberger, Esquire*
II. FIRST AMENDMENT
Madison's original proposal for a bill of rights provision concerning religion read: '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 pretence, infringed." Annals of Congress 434 (June 8, 1789).
The language was altered in the House to read: "Congress shall make no law establishing religion, or to prevent the free exercise thereof, or to infringe the rights of conscience." I. Brant, James Madison--Father of the Constitution 1787-1800 at 271 (1950).
In the Senate, the section adopted read: "Congress shall make no law establishing articles of faith, or a mode of worship, or prohibiting the free exercise of religion. Senate Journal of September 9, 1789
It was in the conference committee of the two bodies, chaired by Madison that the present language was written with its somewhat more indefinite "respecting" phraseology. Debate in Congress lends little assistance in interpreting the religion clauses; Madison's position, as well as that of Jefferson who influenced him, is fairly clear, but the intent, insofar as there was one, of the others in Congress who voted for the language and those in the States who voted to ratify is subject to speculation. During House debate, Madison told his fellow members that ''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." Annals of Congress 730 (August 15. 1789). The theme of the writings of both was that it was wrong to offer public support of any religion in particular or of religion in general.
At any rate, the final version of the First Amendment reads:
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.
