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Proposed Constitutional Amendment - Bruce Frohnen, The American Nation: Primary Sources [2008]

Edition used:

The American Nation: Primary Sources, ed. Bruce Frohnen (Indianapolis: Liberty Fund, 2008).

About Liberty Fund:

Liberty Fund, Inc. is a private, educational foundation established to encourage the study of the ideal of a society of free and responsible individuals.


Proposed Constitutional Amendment

Mr. BLAINE introduced a joint resolution, H.R. No. 1; which was read a first and second time, and referred to the Committee on the Judiciary:

Resolved by the Senate and House of Representatives, That the following be proposed to the several States of the Union as an amendment to the Constitution:

Article XVI

No State shall make any law respecting an establishment of religion or prohibiting the free exercise thereof; and no money raised by taxation in any State for the support of public schools, or derived from any public fund therefor, nor any public lands devoted thereto, shall ever be under the control of any religious sect, nor shall any money so raised or lands so devoted be divided between religious sects or denominations.

Massachusetts Constitutional Provision

Art. XVIII. All moneys raised by taxation in the towns and cities for the support of public schools, and all moneys which may be appropriated by the State for the support of common schools, shall be applied to, and expended in, no other schools than those which are conducted according to law, under the order and superintendence of the authorities of the town or city in which the money is to be expended; and such moneys shall never be appropriated to any religious sect for the maintenance, exclusively, of its own schools.

  • THE MORMON POLYGAMY CASES
    • Reynolds v. United States, 1879
    • The Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States, 1890

The Utah territory had been settled largely by members of the Church of Jesus Christ of Latter-day Saints (Mormon). The Mormon Church at that time held that those males able to do so should marry more than one woman. The Morrill Anti-Bigamy Act of 1862, specifically aimed at the Mormons, outlawed this practice. George Reynolds, a Mormon, was convicted of marrying a woman while married to another. Reynolds argued that because he was a Mormon it was his religious duty to practice polygamy, and therefore it would be a violation of his constitutional right of religious free exercise to convict him of a criminal act for so doing. In Reynolds v. United States, the Supreme Court argued that polygamy was hostile to American democratic institutions and culture and that religious conduct, as opposed to belief, was liable to generally applicable criminal laws. This decision was part of a sustained campaign according to which members of the Mormon Church were denied various rights, including those to vote and sit on juries, on account of the church’s position on polygamy. This campaign culminated in the 1887 Edmunds-Tucker Act, which revoked the corporate legal status of the church and provided for confiscation of the bulk of its property. In upholding this act, the Supreme Court, in The Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States, held the practice “abhorrent to the sentiments and feelings of the civilized world.” Federal action against the Mormon Church ended after the 1890 Manifesto, according to which the Morman Church president, Wilford Woodruff, declared that he had received a revelation from God directing that polygamy be prohibited among church members.