The Bill of Rights went through a number of revisions before the text was finalized and ratified in December of 1791. The image below shows finalized text of the First and Second Amendments alongside an earlier version-- the
text proposed by the House on August 24, 1789.
The purpose of this post is to highlight two closely related changes, which were very deliberate on the part of the Framers. First, the earlier text included a guarantee that "the rights of Conscience shall not be infringed." This has been struck out in the current version. Second, the earlier text guaranteed that "no one religiously scrupulous of bearing arms, shall be compelled to render military service in person." This, too has been struck out in the final text. The Bill of Rights has intentionally been purged of
any guarantee of freedom of conscience.
It isn't that the Framers didn't value freedom of conscience. They did. They worried, however, about making freedom of conscience a "right". This potentially opened the door to all kinds of abuses. Anyone who wanted to avoid a civic duty or to engage in disruptive behavior could potentially claim the protection of the Constitution under the conscience clause. Furthermore, the Framers wanted to leave the state's options open in case of a severe military threat to the nation. They assumed that allowances would generally be made for conscientious objectors, but felt that indulgence of such persons should not be allowed to imperil the survival of the republic. Congressional delegate Egbert Benson
stated this view in no uncertain terms: "No man can claim this indulgence of right. It may be a religious persuasion, but it is no natural right, and therefore ought to be left to the discretion of government."
What this discussion highlights, I think, is that we should not naively assume that America is a paradise of unbounded religious freedom. Freedom of religion in America has its limits, and these limits may even be
necessary for civil order. In a nation of conflicting consciences, conscience must occasionally be weighed against more pressing concerns-- or so thought the Framers of the US Bill of Rights.
What do
you think? Is freedom of conscience a natural right? Should that freedom be limited by the federal government? Where do we draw the line between legitimate limitation and unlawful infringement? Join the discussion in the comments below!