Influential Documents: First Amendment's Origins

The First Amendment to the United States Constitution was influenced by several documents and historical events. It was adopted on December 15, 1791, as one of the ten amendments constituting the Bill of Rights. The Bill of Rights was influenced by the Virginia Declaration of Rights, written by George Mason, as well as English documents such as the Magna Carta, the Petition of Right, the English Bill of Rights, and the Massachusetts Body of Liberties. The First Amendment itself was influenced by the religious and political climate of colonial America, as settlers from various religious groups sought to protect their religious freedoms. The Virginia colonial legislature's Declaration of Rights in 1776, which included the sentence The freedom of the press is one of the greatest bulwarks of liberty, and can never be restrained but by despotic governments, also played a role in shaping the First Amendment. The establishment of religious tolerance in the Roman Empire under the Edict of Milan in 313 and the end of ecclesiastical unity in medieval Christendom following the Protestant Reformation in 1517 further contributed to the historical context influencing the First Amendment's guarantees of religious freedom and free speech.

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The Virginia Declaration of Rights

The Declaration is unusual in that it not only prescribes legal rights but also describes the moral principles upon which a government should be run. It states that government is, or ought to be, instituted for the common benefit, protection, and security of the people, and that of the various modes and forms of government, the best is that which is capable of producing the greatest degree of happiness and safety. It also states that when any government shall be found inadequate or contrary to these purposes, the people have the right to reform, alter, or abolish it.

Articles 1–3 of the Declaration address the subject of rights and the relationship between the government and the governed. It affirms the inherent nature of rights to life, liberty, property, and the pursuit and attainment of happiness and safety. It also includes the right to uniform government, stating that no government separate from or independent of the government of Virginia ought to be established within its limits.

Articles 7–16 propose restrictions on the powers of the government. They declare that the government should not have the power to suspend or execute laws without the consent of the people's representatives. They also establish legal rights such as the right to be confronted with accusers and witnesses, to present evidence, to a speedy trial, and to protection from self-incrimination. The Declaration also includes protections against cruel and unusual punishments, baseless search and seizure, and guarantees of freedom of the press, freedom of religion, and the right to keep and bear arms.

The Magna Carta

The right to petition for redress of grievances, included in the First Amendment, was also present in the Magna Carta. The idea that nobles could meet with the king and present him with a set of grievances may have influenced the First Amendment's provisions for peaceable assembly and petition.

The English Bill of Rights

The main purpose of the act was to declare illegal various practices of James II, including the royal prerogative of dispensing with the law in certain cases, the suspension of laws without Parliament's consent, and the levying of taxes and maintenance of a standing army in peacetime without parliamentary authorization. The act also dealt with the succession to the throne, settling it on Mary's heirs and then on those of her sister, Queen Ann.

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The Massachusetts Body of Liberties

> "The free fruition of such liberties, immunities and privileges as humanity, civility, and Christianity call for as due to every man in his place and proportion without impeachment and infringement hath ever been and ever will be the tranquility and stability of churches and commonwealths."

• No man shall be put to death without the testimony of two or three witnesses.
• Every inhabitant of the country shall have the freedom to search and view any rules, records, or registers of any court or office, except the counsel.
• No free man shall be compelled to serve on juries above two courts in a year, except grand jury men, who shall hold two courts together.
• All jurors shall be chosen continuously by the freemen of the town where they dwell.
• No inhumane, barbarous, or cruel bodily punishments are allowed.

The Declaration of Independence

The First Amendment, adopted on December 15, 1791, prevents Congress from making laws respecting an establishment of religion, prohibiting the free exercise of religion, or abridging the freedom of speech, the freedom of the press, the freedom of assembly, or the right to petition the government for redress of grievances. The right to petition for redress of grievances was also included in the 1215 Magna Carta and the 1689 English Bill of Rights. The First Amendment was influenced by various political, religious, and social elements of colonial America, and by documents including the Virginia Declaration of Rights, the Magna Carta, the Petition of Right, and the English Bill of Rights.

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