"[A]lthough the effort was finally rejected by the Senate, the House was sufficiently persuaded by James Madison's fear of state and local oppression... to approve a constitutional amendment... that "no State shall infringe the equal rights of conscience, nor the freedom of speech or of the press, nor of the right of trial by jury in criminal cases." ...[H]e came close to succeeding in 1789, and... it took a Civil War to make the difference."