George Mason and the Declaration of Rights

On this day in 1776, the Virginia Assembly unanimously adopted George Mason's Declaration of Rights, which guaranteed, among other things, the equal right to "life, liberty and property" (though it did little for the slaves that these same men kept in bondage). Mason's Declaration of Rights has long been hailed as the the front runner to the Bill or Rights, which was later amended to the federal constitution.

Mason's main source of inspiration came from the English Bill of Rights (1689), which guaranteed certain rights -- the right to petition, bear arms, protection from cruel and unusual punishment being among them -- to the English citizenry. This Bill of Rights, which essentially served as a social contract of sorts between the English people and William of Orange and Mary prior to their ascension to the English throne, was hailed as one of the greatest manifestations of individual liberty in the western world. Obviously British citizens living in the American colonies would have found the document to be of tremendous value, especially once the fires of revolution were ignited.

One of the most interesting parts of the Declaration of Rights -- which is actually at the very end of the document -- is Section 16, which states:

That religion, or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and therefore all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practise Christian forbearance, love, and charity toward each other.

Mason repeated these same sentiments in his private correspondence when he wrote:

That as Religion, or the Duty which we owe to our divine and omnipotent Creator, and the Manner of discharging it, can be governed only by Reason and Conviction, not by Force or Violence; and therefore that all Men shou'd enjoy the fullest Toleration in the Exercise of Religion, according to the Dictates of Conscience, unpunished and unrestrained by the Magistrate, unless, under Colour of Religion, any Man disturb the Peace, the Happiness, or Safety of Society, or of Individuals. And that it is the mutual Duty of all, to practice Christian forbearance, Love and Charity towards Each other (The Papers of George Mason, ed. Robert Rutland, Vol. 1, 278).

Whenever we hear the never ending church/state arguments, I am amazed at the fact that very few people recognize the profound impact of Mason's declarations. Mason not only drives the message home for those who would argue against a church/state separation, but he virtually leaves no room for argument. If Mason's work left any impact on the drafting of the Bill of Rights -- and they most certainly did -- then why are some people continuing to argue this point?

Happy Birthday James Madison

On this day, in 1751, the "Father of the Constitution" was born. James Madison is often a forgotten figure of the American Revolution. His deeds are regularly shrouded by the other "giants" of the revolution, yet his contributions are undeniable. James Madison was without question the most passionate crusader for a change in government during the years of the Articles of Confederation. Thanks to Madison, the federal convention in 1789 became a bloodless coup d'etat, which led to the implementation of the Constitution. Madison was also a powerful advocate for the Bill of Rights (which he primarily authored). Historian Gordon Wood put it best when he wrote:

It is lamentable that Americans do not remember Madison as well as they should, especially when we reflect on who he was and what he achieved: The major architect of the Constitution; the father of the Bill of Rights and one of the strongest proponents of the rights of conscience and religious liberty in American history; the coauthor of The Federalist, surely the most significant work of political theory in American history; the leader and most important member of the first House of Representatives in 1789; the co founder of the Democratic-Republican Party in the 1790s; the secretary of state in Jefferson's administration; and the fourth president of the United States. All this, and still he does not have the popular standing of the other founders.

Happy Birthday James Madison!

217 Years Ago

On this day, 217 years ago, the Bill of Rights became law. This was the culmination of literally decades of struggle dating back all the way to the Declaration of Independence. After eight years of bloody conflict, combined with several more years of civil discontent, the United States had finally created a system of laws that proctected individual liberty. James Madison, the origonal mastermind of the Constitution and the Bill of Rights, was able to push this document to the forefront of governmental affairs. For the longest time most of America's early leaders wanted nothing to do with a Bill of Rights, but Madison would not take no for an answer. His political genious and tireless effort finally got the Bill of Rights to be accepted. This document has maintained some of our basic freedoms (more or less) for over two centuries.