First Amendment History

As Americans, we all grew up learning about the U.S. Constitution and the rights it provides and preserves, especially those in the Bill of Rights and other Amendments.  In particular, teachers in primary and secondary school emphasize the freedoms of the First Amendment and how essential they are to an open democratic system as ours.  At least that’s how many of us remember it!

The interesting thing is that our amazing First Amendment was actually third on the list of amendments to be ratified.  So what happened to Articles One and Two?

One state, Delaware, was the lone hold-out from ratifying the original first amendment known as the Congressional Apportionment Amendment.  It’s still on the books pending approval…waiting, waiting, waiting.

The original second amendment was also rejected by seven of the fourteen states back in 1791.  However, 201 years later in 1992 it made its way into the Constitution as the Twenty-Seventh Amendment.

What were the two amendments that the drafters put ahead of our freedoms?  The short answer: representation and compensation.  Article One was about controlling the number of congressional representatives while Article Two was about pay raises or decreases for members of Congress.

There you have it! Articles Three through Twelve were ratified, becoming what we call the first Ten Amendments to the U.S. Constitution, with Articles One and Two being dropped to the wayside.

So the next time you hear someone say the First Amendment is the first one because of the freedoms it affords and what it stands for, you’ll be able to chime in, look smart, and correct the record!