ABSTRACT

When Congress and the thirteen states drafted the Constitution and then adopted the First Amendment, they simply and clearly stated that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.” It should be noted that Congress was thereby prevented from designating an established church, for that was to remain the prerogative of the separate states. The Congress which met during the summer of 1787 was materially affected by the sessions of the Constitutional Convention. While the process of drafting the Constitution moved ahead in Philadelphia, such delegates as Madison and Washington maintained a keen interest in various bills as they worked their way to the floor of Congress for final vote. Since World War II, the courts in the United States have interpreted the First Amendment of the Constitution in ways that bear little resemblance to any of the decisions cited earlier.