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One of the amendments that Madison proposed to the Congress was that “[N]o State shall violate the equal right of conscience, freedom of the press, or trial by jury in criminal cases.” Congress did not adopt the amendment and it was never sent out to the states for ratification. Given the purpose of the Bill of Rights, did it make sense to exclude this proposed amendment?

One of the amendments that Madison proposed to the Congress was that “[N]o State shall violate the equal right of conscience, freedom of the press, or trial by jury in criminal cases.” Congress did not adopt the amendment and it was never sent out to the states for ratification. Given the purpose of the Bill of Rights, did it make sense to exclude this proposed amendment?

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