Rhode Island finally ratified the Consitution on May 29, 1790 (the last of the thirteen colonies to do so), and the Bill of Rights on Jun 7, 1790.  At the time of Washington's visit to Newport, the states of Virginia, Massachusetts, Connecticut and Georgia were still debating the amendments. Washington and his party may have believed that the publicity surrounding his visit to Newport and Rhode Island's acceptance of the first ten amendments would spur the remaining states to ratification.

The Government’s role in issues of religion was a particular sticking point in the ratification debate. In Europe and in England, state-sponsored religion was the norm. If one’s beliefs were different from those of the official Church, the consequences could be severe. The Maryland Toleration Act allowed freedom of worship for all trinitarian Christians in Maryland, but sentenced to death anyone who denied the divinity of Jesus. It was Passed in 1692 and was repealed in 1694. Throughout the colonies it was assumed that a just government was built on “Christian” principles and that non-Christians were to be “tolerated” for their beliefs (frequently with the hope that “Jews, Turks, and Infidels” would become Christian).

A few states taxed their citizens to support religious organizations; in others, the rights of minority groups such as Baptists, Presbyterians, Catholics and Quakers were restricted. In most states, non-Christians were denied the rights of full citizenship, such as holding public office. Even in religiously liberal Rhode Island, Jews were not allowed to vote or become naturalized citizens, although their status as merchants and economic contributors protected them from overt discrimination. Although such restrictions were prohibited by the Federal Consitution, the states were much slower to grant full civil rights to members of minority religious group.  For example, "The Jew Bill" in Maryland, which extended to Jews rights once reserved only for Christians was first introduced in 1818, but not passed until 1826.

The clause in the First Amendment that reads “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof” did little to erase these injustices. Its intent was to prevent the government from creating an official “state” religion and to guarantee the absolute right to a free exercise of religion – at least at the Federal level of government.