Madison's document was successful in crushing Henry's measure, as opposition flooded the Virginia statehouse from every corner of the commonwealth, and the bill was voted down (Boston). Using this momentum, Madison pushed Jefferson's "Act for Establishing Religious Freedom" through the assembly, while Jefferson was serving in France as the U.S. ambassador (Boston). Writing to Jefferson, Madison noted, "The enacting clauses passed without a single alteration, and I flatter myself have in this Country extinguished for ever the ambitious hope of making laws for the human kind" (Boston). It was not long before Madison had the opportunity to express these views to a national audience.
By 1787, it was obvious that the loose arrangement provided by the Articles of Confederation was insufficient and was not working. Madison urged delegates to meet in Philadelphia for the purpose of drafting a new constitution, placing him in the heart of the action (Boston). Scholar, a.E. Dick Howard, has called Madison "the dominating spirit of the Philadelphia convention" (Boston). Serving as the Convention's unofficial secretary, Madison recorded every speech in a special type of shorthand, and his notes, which were published four years after his death, are the only full record of the Convention's undertakings (Boston). While pushing for ratification, it became apparent that some states would not accept the Constitution without a Bill of Rights, thus by the time the first Congress met, Madison not only helped draft the Bill of Rights, but engineered its passage (Boston).
According to Alley, an emeritus professor of humanities at the University of Richmond and a member of the Americans United Board of Trustees, there would have been no Bill of Rights if not for Madison, because several members of Congress were not enthusiastic and tried to stall its passage, but Madison used his influence to keep talks on target (Boston). Alley writes, "The Madison legacy in the Congress was the passage of the Bill of Rights. It would not have been accomplished were it not for Madison's insistence that they get to the business of the day and do what they promised to do" (Boston).
During August 1789, Congress deliberated on what would become the religion clauses of the First Amendment. Madison's first draft 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 pretext, infringed" (Boston). His proposal was sent for consideration to a committee, which eventually settled on language reading, "Congress shall make no law establishing articles of faith or a mode of worship, or prohibiting the free exercise of religion" (Boston). However, the House of Representatives rejected this version, and so a joint Senate-House committee, which included Madison, met and agreed to the language we know today, "Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof" (Boston).
Originally, Madison wanted the First Amendment to apply not only to the federal government, but also to the states, and although the proposal passed the House, it did not pass the Senate. Yet, as Boston notes, the debate illustrates that Madison was "thinking ahead of the curve," for 81 years later, Congress passed the Fourteenth Amendment, which was designed on Madison's 1787 argument, and applied the Bill of Rights to the states (Boston).
After the Bill of Rights was adopted, Madison collaborated with Jefferson to establish political opposition to the Federalist Party, and when Jefferson was elected president in 1800, Madison served as secretary of state for both terms, as Jefferson groomed him as his successor (Boston). In his inaugural speech, Madison promised "to avoid the slightest interference with the...
In fact, during the 1787 Constitutional Convention, Slonim notes that the need for a bill of rights was not even a topic of discussion until Virginian delegate George Mason raised the issue just several days before the Convention was scheduled to rise on September 17; Mason suggested that a bill of rights "would give great quiet to the people." Following this assertion, Elbridge Gerry of Massachusetts moved that the
American Constitution: A living, evolving document -- from guaranteeing the right to enslavement in the 18th century to modifications in favor of freedom in the 19th century Constitution today protects the rights of all in its language, but this was not always the case in its text and spirit. As a political tactic as well as out of personal conviction and experience, Frederick Douglass' characterization of the American Constitution as
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