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shall any national religion be established, nor shall the full and equal rights of conscience be in any manner, or on any pretext infringed.
This proposal had three aspects: guaranteeing equal treatment of minority views, barring Congress from establishing a national church, and establishing conscience as a right free from coercion.
Madison struggled to get his amendments passed. Federalists ridiculed them as useless “milk and water.” Anti-Federalists unanimously opposed him. His old nemesis Patrick Henry called for a total revision of the Constitution, claiming a national bill of rights did not sufficiently guard them for individuals or states. An anonymous author, writing under the pen name “Pacificus,” asserted in a New York newspaper that Madison’s “paper declarations” were “trifling things and no real security to liberty.”
Madison defended his bill, arguing it would limit the tyranny of the majority and “establish the public opinion” in favor of rights. Federalist support began to trickle in. Madison wanted to fold the amendments into the Constitution itself, but he settled for appending them at the end. Representatives eliminated some of his proposals and altered others.
The final version of the First Amendment’s clause on religious liberty came to read: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” This slightly more restrictive version omitted Madison’s phrasing on the “rights of conscience,” but it is otherwise consistent with his intentions. Madison’s achievement made him the world’s foremost champion of religious liberty. His recognition of free exercise, rather than mere toleration, has been a model for other governments around the globe. •