Admission of Utah: Limitation of State Sovereignty by Compact with the United States; An Opinion (Classic Reprint) - Softcover
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Excerpt from Admission of Utah: Limitation of State Sovereignty by Compact With the United States; An Opinion
I have been requested to give my opinion on the Constitutional validity of certain clauses in the proposed State Constitution for Utah relating to polygamy and bigamy.
These clauses are the following:
Art. XV. - Sec. 12. Bigamy and polygamy being considered incompatible with "a republican form of government," each of them is hereby forbidden and declared a misdemeanor.
Any person who shall violate this section shall, on conviction thereof, be punished by a fine of not more than $1,000 and imprisonment for a term not less than six months nor more than three years, in the discretion of the Court. This section shall be construed as operative without the aid of legislation and the offences prohibited by this section shall not be barred by any statute of limitation within three years after the commission of the offence; nor shall the power of pardon extend thereto until such pardon shall be approved by the President of the United States.
It will thus be seen that this provision requires for its operation no legislation whatever, but that indictments can be found under it and punishments inflicted, and the pardoning power in respect to the offence is limited by a check in the hands of the President of the United States.
This Constitution contains an article prescribing the manner in which amendments must be framed and adopted. But the power of amendment is limited by the following proviso, expressly drawn and devised so as to prevent any amendment or change in the anti-polygamy section without the assent of Congress:
Provided, That Section 12 of Article XV. shall not be amended, revised, or in any way changed until any amendment, revision or change, as proposed therein shall, in addition to the requirements of the provisions of this article, be reported to the Congress of the United States and shall be by Congress approved and ratified and such approval and ratification be proclaimed by the President of the United States, and if not so ratified and proclaimed, said section shall remain perpetual.
My opinion has been requested upon the question whether the proposed check on the pardoning power, which this Constitution would vest in the hands of the President of the United States in the case of an offence prohibited by a State Constitution, and the proposed limitation on the power of amending the Constitution in regard to the polygamy and bigamy denounced by Section 12 of Article XV., are consistent with or repugnant to our system of government.
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Admission of Utah (Classic Reprint)
Print on DemandSeller: Forgotten Books, London, United Kingdom
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Paperback. Condition: New. Print on Demand. This book's purpose is to present a reasoned opinion on the legality of certain proposed constitutional clauses relating to polygamy and bigamy that were presented in the proposed Utah state constitution. The author, recognized as an authority on law and governance, begins by establishing that the Constitution allows for certain degrees of local sovereignty to states as long as those measures do not undermine the principles on which the federal government was established. Drawing on several historical examples, he demonstrates how states have previously agreed to conditions or limitations as part of their admission to the Union. He argues that the proposed restrictions on polygamy in the Utah constitution would be consistent with this practice and would not constitute an unlawful infringement on the state's sovereignty. Furthermore, any attempt to alter these clauses would require the approval of Congress, a provision he believes would provide ample protection against any unilateral efforts to legalize polygamy within the state. The author concludes by emphasizing the importance of respecting the authority of both the federal and state governments, and the need to uphold the principles of limited sovereignty and the rule of law. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Seller Inventory # 9781330974230_0
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Admission of Utah Limitation of State Sovereignty by Compact With the United States An Opinion Classic Reprint
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781330974230
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Admission of Utah Limitation of State Sovereignty by Compact With the United States An Opinion Classic Reprint
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PAP. Condition: New. New Book. Shipped from UK. Established seller since 2000. Seller Inventory # LW-9781330974230