The Mormon Question: Polygamy and Constitutional Conflict in Nineteenth-century America

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Univ of North Carolina Press, 2002 - 337 pages
1 Commentaire
From the Mormon Church's public announcement of its sanction of polygamy in 1852 until its formal decision to abandon the practice in 1890, people on both sides of the "Mormon question" debated central questions of constitutional law. Did principles of re
 

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Table des matières

II
1
III
17
IV
19
V
55
VI
85
VII
117
VIII
119
IX
147
X
183
XI
221
XII
323
Droits d'auteur

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Fréquemment cités

Page 132 - Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should " make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Page 132 - ... that it is time enough for the rightful purposes of civil government for its officers to interfere when principles break out into overt acts against peace and good order...
Page 72 - Nor are we bound by any expressions in the constitution, as some have strangely supposed, either not to punish at all, or to punish indiscriminately the like attacks upon the religion of Mahomet or of the Grand Lama ; and for this plain reason, that the case assumes that we are a Christian people, and the morality of the country is deeply ingrafted upon Christianity, and not upon the doctrines or worship of those impostors.
Page 66 - Upon this principle, of a union of person in husband and wife, depend almost all the legal rights, duties, and disabilities, that either of them acquire by the marriage.
Page 123 - And this prohibition is not confined to the States, but the words are general, and extend to the whole territory over which the Constitution gives it power to legislate, including those portions of it remaining under territorial government, as well as that covered by States.
Page 143 - Can a man excuse his practices to the contrary because of his religious belief? To permit this would be to make the professed doctrines of religious belief superior to the law of the land, and in effect to permit every citizen to become a law unto himself. Government could exist only in name under such circumstances.
Page 203 - Let the state not only keep its own hands off, but let it also see to it that religious sects keep their hands off each other. Let religious doctrines have a fair field, and a free, intellectual, moral, and spiritual conflict. The weakest — that is, the intellectually, morally, and spiritually weakest — will go to the wall, and the best will triumph in the end. This is the golden truth which it has taken the world eighteen centuries to learn, and which has at last solved the terrible enigma of...
Page 243 - Wherefore, my brethren, hear me, and hearken to the word of the Lord ; for there shall not any man among you have save it be one wife ; and concubines he shall have none; for I, the Lord God, delighteth in the chastity of women.
Page 132 - Upon this charge and refusal to charge the question is raised, whether religious belief can be accepted as a justification of an overt act made criminal by the law of the land. The inquiry is not as to the power of Congress to prescribe criminal laws for the Territories, but as to the guilt of one who knowingly violates a law which has been properly enacted, if he entertains a religious belief that the law is wrong. Congress cannot pass a law for the government of the Territories which shall prohibit...
Page 245 - Edmund S. Morgan, American Slavery, American Freedom: The Ordeal of Colonial Virginia (New York: WW Norton & Company, 1975); Orlando Patterson, Slavery and Social Death: A Comparative Study (Cambridge, Mass.: Harvard University Press, 1982). 21. Joan W. Scott, "The Evidence of Experience," Critical Inquiry 17 (Summer 1991): 776.

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À propos de l'auteur (2002)

Sarah Barringer Gordon holds degrees in religion, law, and history. She teaches in the Law School and the History Department at the University of Pennsylvania.

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