Question.2333 - After approving the Constitution in September 1787, the Constitutional Convention sent the document to the states for ratification. The delegates at some of the state ratifying conventions initially refused to approve the Constitution because they believed it guaranteed too few specific rights. These delegates ultimately voted in favor of the document when they received assurances that they could propose amendments for safeguarding additional rights. Congress would then consider these amendments when the Constitution went into effect. In 1789, James Madison proposed nineteen amendments assembled from among those suggested by the state ratifying conventions. Congress approved twelve of them, and by mid-December 1791, ten had been ratified by enough states to become part of the Constitution. These ten amendments are, of course, the Bill of Rights. In this exercise, we will explore the amendments proposed by the state conventions that did not become part of the Bill of Rights. Go to the Center for the Study of the American Constitution (https://csac.history.wisc.edu/document-collections/constitutional- debates/debate-about-amendments/recommendatory-amendments-from-state-conventions/) website. From the list on that page, choose one of the states that approved recommendatory amendments (Massachusetts, South Carolina, New Hampshire, Virginia, New York, North Carolina, and Rhode Island). Read through the amendments for the state you chose and select one that did not become part of the Bill of Rights. Submit a response that includes the actual verbatim language of the proposed amendment. Next, describe what you perceive to be the issue (e.g., goal) of the proposed amendment. Then, describe who may have benefitted (e.g., potential supporters) or been Module 1 Initially Proposed Rights/Amendments 10/08/2023, 11:20 Topic: Module 1 - Discussion: Initially Proposed Rights/Amendments https://erau.instructure.com/courses/159616/discussion_topics/2762829 2/11 Search entries or author ? Reply negatively impacted (e.g., potential opponents) by its adoption and how so. Finally, adopt and draft a position either for or against the amendment, supported by cogent reasons/arguments. Please read these instructions for information on accessing the discussion rubric. (https://community.canvaslms.com/t5/Student-Guide/How-do-I-view-the-rubric-for-my-graded- discussion/ta-p/319) ? I m p o rt a n t N o t e As a reminder, you should write about a proposed amendment that did not become part of the Bill of Rights, unless its wording differs substantially from what was eventually adopted. In addition, you should write about a proposed amendment that has not already been discussed by a classmate. You are also to review/analyze at least two of your classmates’ submissions. In your analysis, adopt a position counter to that taken by your classmate, once more supported by cogent reasons/arguments. Be sure to include your references and cite them using current APA guidelines. Consult the grading rubric for detailed evaluation criteria for this activity.
Answer Below:
Proposed Amendment from Maryland: "That there be no National Religion established by Law; but that all Persons be equally entitled to Protection in their religious Liberty (Amendments Proposed by William Paca, 26 April 1788, n.d.)." Perceived Issue (Goal) of the Proposed Amendment: The proposed amendment seeks to ensure that no official state religion is mandated by law. It strives to guarantee religious freedom by saying that all persons should be afforded equal protection for their religious liberty, meaning that no religious organization should be granted special treatment or government support (Amendments Proposed by William Paca, 26 April 1788, n.d.). Beneficiaries and Potential Opponents: Beneficiaries: The amendment might have helped religious minorities and others worried about a single religion's prospective supremacy (Amendments Proposed by William Paca, 26 April 1788, n.d.). It would have given them assurances that the government wasn't going to create a state religion, permitting them to follow the beliefs they held without fear of oppression or persecution. Potential Opponents: Those who believed in the concept of a religion of state or who affiliated to a prominent religious organization may have been hostile to this amendment (Amendments Proposed by William Paca, 26 April 1788, n.d.). They may have considered that their faith deserved special attention or recognition from the government. Position Against the Amendment: While the proposed amendment's goal is to defend religious freedom, I would argue against its passage for the following reasons: 1. Cultural and Historical Context: Several states were setting up churches or faith- based requirements for officeholders at the time the Constitution was written (Laycock, 1996). The proposed amendment may be interpreted as an intrusion into governmental affairs, potentially interfering with existing religious organizations in some jurisdictions. 2. Federal vs. State Power: The proposal may raise worries about federal government meddling in topics that have historically been handled by states; while states that posses autonomy in determining their own religious legislation, and this amendment may have been interpreted as an encroachment on that sovereignty. 3. Religious Diversity: The United States was mostly Christian, and the amendment at hand may not have fully taken into account the complexities of religious pluralism (Muñoz, 2016). The assurance of protection of every religious liberty may lead to difficulties in defining what makes up a religion, thus opening the door to acts that contradict accepted norms and values. 4. Balancing Religious Freedom: Although the intention is to promote religious freedom, circumstances where religious activities may impinge on the rights of others or clash with existing laws must be considered (Laycock, 1996). In the absence of explicit standards, the proposed change might lead to legal uncertainty in circumstances when religious activities overlap with larger community interests. References Amendments Proposed by William Paca, 26 April 1788. (n.d.). Center for the Study of the American Constitution. https://csac.history.wisc.edu/document-collections/constitutional- debates/debate-about-amendments/recommendatory-amendments-from-state- conventions/amendments-proposed-by-william-paca-26-april-1788/ Laycock, D. (1996). Religious liberty as liberty. J. Contem. Legal Issues, 7, 313. Muñoz, V. P. (2016). Two Concepts of Religious Liberty: The Natural Rights and Moral Autonomy Approaches to the Free Exercise of Religion. American Political Science Review, 110(2), 369-381.More Articles From American Government
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