THE BILL OF RIGHTS IS 233 YEARS OLD: MRFF Board Member John Compere highlights the genesis of the 1st Amendment protecting religious freedom in the face of radical and regressive Christian Nationalism

Our American Bill of Rights will be 233 years old on December 15 which is national “BILL OF RIGHTS DAY”. The Bill of Rights, the first 10 Amendments to the United States Constitution, became effective on December 15, 1791 when ratified by 3/4s of the states after passage by 2/3s of Congress.

December 15th was designated as our national observance day on the 150th anniversary of the Bill of Rights in 1941 by 32nd President Franklin Roosevelt who declared them “…the great American charter of personal liberty and human dignity.”

The Bill of Rights guarantees Americans the following individual liberties –

1st – right to freedom from religion, freedom of religion, and freedom of speech, press, peaceable assembly and grievance petition.

2nd – right to keep and bear arms.

3rd – right to freedom from forced housing of soldiers without consent or law.

4th – right to freedom from search and seizure without probable cause and sworn warrant.

5th – right of criminal accused to grand jury determination, no double jeopardy, no self-incrimination and no private property seizure without just compensation.

6th – right of criminal accused to fair and speedy trial by impartial jury, witness confrontation, compulsory witness process and defense counsel.

7th – right of civil litigants to jury trial and fact determination by jury protected.

8th – right to freedom from excessive bail, fine and punishment.

9th – rights provided may not deny or disparage others retained by the people.

10th – rights not provided federal government are reserved to the states or the people.

The 1st Amendment provides our historic religious freedom by prohibiting the government from establishing, enforcing or endorsing a religion and requiring government neutrality regarding religion (i.e. neither pro-religion nor anti-religion but religion-neutral). It is a shield of protection for the right to determine, enjoy and practice one’s own beliefs and never a sword of privilege to harm, discriminate or impose religious beliefs on other Americans.

The 1st Amendment combined with Article VI [3] of the Constitution (“…no religious test shall ever be required as a Qualification to any Office or public Trust under the United States.” ) lawfully separate religion and government (aka: separation of church and state). The Texas Constitution  also separates religion and government (Article I, Sections 4-7). Jesus even separated government and religion (Matthew 22:21; Mark 12:17).

Genesis for the 1st Amendment was the landmark 1786 Virginia Statute of Religious Freedom authored by Thomas Jefferson and advocated by James Madison which separated church and state in Virginia and mandated “No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever.”

The 1st Amendment also provided a basis for Article 18 of the historic Universal Declaration of Human Rights adopted by the United Nations in 1948 which declared “…everyone shall have the right to freedom of thought, conscience and religion”.

Amendments to the Constitution granting additional rights to American citizens have been enacted since 1791 and include slavery abolition (13th), equal civil rights (14th), black suffrage (15th), woman suffrage (19th), voting tax elimination (24th) and 18 year old suffrage (26th).

It is historically significant that the Constitution Preamble states six secular reasons the nation was established by and for “We the People”. The Constitution and its 27 amendments contain no reference to any authority other than the people and their government. The United States became the first nation independently established with no acknowledgment of higher authority (e.g. emperor, monarch, dictator, deity, religion, scripture, etc).

America has earnestly endeavored 233 years establishing and expanding the individual rights of Americans. However, a radical and regressive religious minority of Christian Nationalists with the aid of predatory politicians and theocratic judges is egregiously attempting to eliminate them. On this birthday of our Bill of Rights, we must resolve to protect and preserve with patriotic pride, respectful reverence and genuine gratitude the many individual rights constitutionally guaranteed for all Americans. It is important to remember we are one nation under the Constitution and it is the Constitution in which we must trust.

John Compere
Brigadier General, Judge Advocate General’s Corps, US Army (Retired)
Former Chief Judge, US Army Court of Military Review and US Army Legal Services Agency
Disabled American Veteran (Vietnam Era)
Board Member, Military Religious Freedom Foundation
Texas rancher