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Madison, June 8, 1789

Madison, June 8, 1789. Reason for introducing amendments 1787: primary concern for protecting property Council of Revision/National Veto to protect people from state excesses Proposals 19 from more than 200 from states Virginia proposed more than 40.

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Madison, June 8, 1789

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  1. Madison, June 8, 1789 • Reason for introducing amendments • 1787: primary concern for protecting property • Council of Revision/National Veto to protect people from state excesses • Proposals • 19 from more than 200 from states • Virginia proposed more than 40

  2. “First A.” Provisions in State Constitutions • No establishment/favored sect • NJ, PA, DE, MA, NH, NC • Free exercise • All 11 • Speech • PA • Press • VA, PA, DE, MD, NC, GA • Assembly • PA, NC, MA, NH • Petition • VA, PA, DE, MD, NC, GA, NY, MA, NH

  3. Madison’s Proposals • 19-20 (depending on how counted) • Rights to be embedded in Constitution • Pre-preamble • Article 1, Sec. 2, cl 3; Sec. 6, cl. 1, Sec. 9, cl 3-4, Sec. 10, cl. 1-2 • Article 3, Sec. 2 • New Article 7 • House agrees to 17 • Senate agrees to 12 • States agree to 10

  4. “First Amendment” • House • Third article of amendment “Congress shall make no law establishing religion or prohibiting the free exercise thereof, nor shall the rights of Conscience be infringed.” • Fourth Article of amendment “The Freedom of Speech, and of the Press, and the right of the People to assemble, and consult for their common good, and to apply to the Government for a redress of grievances, shall not be infringed.” • Senate combines/edits • Sent to states for ratification as Third Article of Amendment

  5. First Amendment Cases2013 Term

  6. Town of Greece v. GallowayMay 5, 2014 • Upheld saying of prayers before monthly town-council meetings (5-4) • Adopted “coercion” test • Abandoned “endorsement of religion” test • Silent about Lemon v. Kurtzman (purposes/effects/entanglement test)

  7. Second Circuit Judge • Guido Calabresi wrote opinion • Interview with Religion and Politics: “. . .I would not be surprised if the Supreme Court reversed us, for any number of reasons. And that would be too bad.” March 27, 2014

  8. Elmbrook School Dist. V. DoeCertiorari denied June 16, 2014 • Two schools in district rented nondenominational church sanctuary for public school graduations • 7th Circuit: Site could not avoid being coercive for students and younger siblings at ceremony • Held pending decision in City of Greece

  9. McCullen v. Coakley

  10. “Bubble Buffer”

  11. Sebelius v. Hobby Lobby Stores Today, Hobby Lobby is considered a leader in the arts and crafts industry. We have 567 storesacross the nation that average 55,000 square feet and offer more than 67,000 crafting and home decor products. Hobby Lobby is listed as a major private corporation in Forbes and Fortunes list of America's largest private companies, and our company carries no long-term debt.

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