Abstract
The palpable connection between Mormon polygamy and that political subdivision of the Union that was first Utah Territory, and then the State of Utah, proved a fertile source of constitutional perplexity, and over time, generated a significant body of constitutional debate in Congress. The lessons taught by reviewing these debates are not all positive. The debates over exclusion and expulsion stand as an alarming illustration of how the flames of popular prejudice can push congressional majorities to embrace what had but recently been constitutionally unthinkable. Likewise, Congress's eventual acceptance of the myth that polygamists could be disfranchised for their criminal behavior without trial, because there is nothing penal about denying a citizen the right to vote on the basis of his misdeeds, stands as a remarkable testament to the corrosive effects on constitutional wisdom of longstanding public passions. At the same time, the Court's acquiescence shows that the judiciary is not immune from these same pressures. The actions taken against the corporate church, in turn, graphically illustrate the significance of later recognition of the expressive interests of individuals in collective organization and activity.
Recommended Citation
Sears, L. Rex
(2001)
"Punishing the Saints for Their "Peculiar Institution": Congress on the Constitutional Dilemmas,"
Utah Law Review: Vol. 2001:
No.
3, Article 1.
Available at:
https://dc.law.utah.edu/ulr/vol2001/iss3/1