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Religious Establishment

Religion in the Constitution and Bill of Rights

The Constitutional Convention submitted the Constitution to Congress on September 17, 1787.  While the Constitution forbade any religious tests as a prerequisite to the holding of any public office, it did not, in its original form include a "Bill of Rights".  Some delegates feared that the enumeration of certain rights may be used to imply the non-existence of other rights.  In the process of ratification, the need for a formal "Bill of Rights" to ally public fears became apparent.  On September 25, 1789, a "Bill of Rights," consisting of the first ten amendments to the constitution, was submitted to the several states for ratification.  Ratification finally occurred on December 15, 1791.

Most colonies had required membership in the established church as a test for citizen to vote or to hold public office.  This situation had created a great deal of inequity and conflict.  The new Constitution and its Bill of Rights not only forbade any religious test as a requirement to hold public office, it also rejected past colonial church-state ties as a denial of individual civil and religious freedoms.  The First Amendment forbade the federal government from establishing religion or restricting its free exercise.

Article VI.

The Senators and Representative before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. 

First Amendment

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.

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