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Frederick Augustus Muhlenberg

On this day in 1789, Frederick Augustus Conrad Muhlenberg is elected as the first Speaker of the United States House of Representatives, from 1789-1791.

Two years later, he was also the third Speaker of the House (1793-1795). In total, he served in the House from 1789 to 1797.

Then, he was a member of the Continental Congress in 1779 and 1780. He followed that by serving in the Pennsylvania House of Representatives from 1780 to 1783.

Later, he presided over the Pennsylvania ratifying convention of 1787 for the U.S. Constitution.

Finally, he was the first signer of the Bill of Rights. The second was John Adams.

Before all of that, Frederick Muhlenberg was a Lutheran pastor.

Frederick Augustus Muhlenberg First Speaker of the House

 

Bill of Rights

On this day in 1791, the United States ratifies the Bill of Rights, the first ten amendments to the U.S. Constitution. The purpose of the Bill is “to prevent misconstruction or abuse of [Constitutional] powers,” thereby protecting individual liberties.

The Virginia Declaration of Rights, written by George Mason, formed the basis of the amendments in the Bill of Rights.

In fact, at the Constitutional Convention in 1787, Mason would not sign the Constitution without concurrent passage of these protections.

Ultimately, Virginia was the last state to ratify the Bill of Rights.

Sect, Society, and Separation

Let us now scale that oft-misinterpreted “wall of separation between Church and State.”
First, with George Mason’s proposed wording for the First Amendment:

“All men have and equal, natural and unalienable right to the free exercise of religion, according to the dictates of conscience; and that no particular sect or society of Christians ought to be favored or established by law in preference to others.”

Furthermore, Thomas Jefferson borrowed his subsequently famous phrase from a well-known Baptist minister of the time. In a letter to the Danbury Baptist Association of Connecticut, Jefferson assured them that Congress would not violate the first amendment by placing one denomination, or sect, above the others.

Clearly, then, the intent of the First Amendment was not to harm religion, or even to isolate it from the state. Nor was it intended to appease atheists or please pluralists. Clearly, quite the opposite.

Bill of Rights

Bill of Rights

On this day in 1789, the first Congress passes 12 amendments to the U.S. Constitution, known as the Bill of Rights, sending them to the states for ratification.

It wasn’t until December 1791 that the Bill of Rights garnered the requisite two-thirds majority state ratification to become law. This occurred when Virginia became the 10th of 14 states to approve 10 of the amendments.

Virginia’s Declaration of Rights, written by George Mason in 1776, influenced James Madison as he wrote the Bill of Rights. As a result, Mason is known as the “Father of the Bill of Rights.”

Mason is quoted as saying “The laws of nature are the laws of God, whose authority can be superseded by no power on earth.”

Thomas Jefferson used similar wording in the Declaration of Independence: “the Laws of Nature and of Nature’s God…”

James Madison, the “Father of the Constitution” reminds us: “And to the same Divine Author of Every Good and Perfect Gift we are indebted for all those privileges and advantages, religious as well as civil, which are so richly enjoyed in this favored land.”

The full text of the Bill of Rights appears below the image.

Bill of Rights

Bill of Rights

Amendment I

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.

Amendment II

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

Amendment III

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Amendment VII

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Amendment VIII

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Amendment IX

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

On this day in 1954, Chief Justice Earl Warren delivers the Supreme Court decision abolishing “separate but equal” public schools. He wrote:

“Today, education is perhaps the most important function of state and local governments. Compulsory school attendance laws and the great expenditures for education both demonstrate our recognition of the importance of education to our democratic society. It is required in the performance of our most basic public responsibilities, even service in the armed forces. It is the very foundation of good citizenship. Today it is a principal instrument in awakening the child to cultural values, in preparing him for later professional training, and in helping him to adjust normally to his environment. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has undertaken to provide it, is a right which must be made available to all on equal terms.

We come then to the question presented: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other “tangible” factors may be equal, deprive the children of the minority group of equal educational opportunities? We believe that it does.”

“The knowledge our forefathers had…”

On February 4 of that same year, Warren spoke at a prayer breakfast at the Mayflower Hotel in Washington, D.C. Here’s is an excerpt of his remarks:

“I believe no one can read the history of our country without realizing that the Good Book and the spirit of the Savior have from the beginning been our guiding geniuses. Whether we look to the first Charter of Virginia, or to the Charter of New England, or to the Charter of Massachusetts Bay, or to the Fundamental Orders of Connecticut, the same objective is present: a Christian land governed by Christian principles. I believe the entire Bill of Rights came into being because of the knowledge our forefathers had of the Bible and their belief in it: freedom of belief, of expression, of assembly, of petition, the dignity of the individual, the sanctity of the home, equal justice under law, and the reservation of powers to the people. I like to believe we are living today in the spirit of the Christian religion. I like also to believe that as long as we do so, no great harm can come to our country.

Earl Warren Chief Justice