Quote Category: ‘Constitutional Law’

Early in this dispensation the Lord made clear the position his restored church should take with respect to civil government. In the revelation he gave to the Prophet Joseph Smith, he said: “And now, verily I say unto you concerning the . . . law of the land which is constitutional, supporting that principle of freedom in maintaining rights and privileges, [that it] belongs to all mankind, and is justifiable before me.

“Therefore, I, the Lord, justify you . . . in befriending that law which is the constitutional law of the land.” (D&C 98:4–6.)

Every Latter-day Saint should sustain, honor, and obey the constitutional law of the land in which he lives.

( Source: “Guidelines to Carry Forth the Work of God in Holiness” 4-5 )

They were also advised that they were to uphold the constitutional law of the land, for it has been established by the will of God, therefore we are justified “in befriending that law which is the constitutional law of the land; and as pertaining to law of man, whatsoever is more or less than this cometh of evil” [D&C 98:6–7].

When we abide in the law which the Lord has approved, then we are free. It was his mighty hand which directed the founders of the government of the United States and gave this nation the constitution in the beginning. . . . The constitutional law was given by inspiration for the purpose of protecting the rights of the citizens of the country. The Lord delights in freedom.

( Source: Church History and Modern Revelation 1:433 )

The attitude of the members of the Church towards the Constitution of the United States and the fundamental principles of our Government has always been one of loyalty. Even in the days of our greatest tribulation, the Latter-day Saints have defended and sustained these sacred principles. Never have they lifted their hands or their voices against the fundamental principles upon which our nation with its liberty and freedom is based. It is well understood by all that the Constitution was given by inspiration of the Almighty to honorable and wise men raised up for this purpose. The character of our government has always been defended and sustained. The Prophet Joseph Smith, while suffering unjustly at the hands of officials who had sworn to uphold and defend the sacred principles of the Constitution, and who had violated their oath in the vilest manner, and who heaped upon him and his companions in tribulation cruelties which only fiends could inflict, wrote to the Saints to defend and sustain the constitutional law of the land and to be loyal to the fundamental principles of our government.

( Source: The Progress of Man 335 )

We are also told to obey constitutional law, and any man or woman in the Church of Christ that is breaking the prohibition law is also breaking the laws of God.

( Source: “The Upholding of Constituted Law and Order” 515; from an address given at Salt Lake City, UT, 12 Feb 1928 )

We are told . . . that no man need break the laws of the land who will keep the laws of God. . . . The law of the land, which all have no need to break, is that law which is the Constitutional law of the land, and that is as God himself has defined it. And whatsoever is more or less than this cometh of evil. Now it seems to me that this makes this matter so clear that it is not possible for any man who professes to be a member of the Church of Jesus Christ of Latter-day Saints to make any mistake, or to be in doubt as to the course he should pursue under the command of God in relation to the observance of the laws of the land. I maintain that the Church of Jesus Christ of Latter-day Saints has ever been faithful to the constitutional laws of our country. . . .

I ask myself, What law have you broken? What constitutional law have you not observed? I am bound not only by allegiance to the government of the United States, but by the actual command of God Almighty, to observe and obey every constitutional law of the land, and without hesitancy I declare to this congregation that I have never violated, nor transgressed any law, I am not amenable to any penalties of the law, because I have endeavored from my youth up to be a law-abiding citizen, and not only so, but to be a peacemaker, a preacher of righteousness, and not only to preach righteousness by word, but by example. . . . If lawmakers have a mind to violate their oath, break their covenants and their faith with the people, and depart from the provisions of the Constitution where is the law human or divine, which binds me, as an individual, to outwardly and openly proclaim my acceptance of their acts?

( Source: Journal of Discourses 23:70-71 )

Well, Governor, so far as I am concerned personally, I am not in conflict with any of the laws of the country. I have obeyed the laws as faithfully and conscientiously as I can thus far, and I am not here [Utah State Penitentiary] because of disobedience of any law. I am here wrongfully convicted and wrongfully sentenced.

. . . We honor the law administered rightfully.

( Source: “Gov. West Is Baffled” 4 )

We wish it fully understood by the Saints and by all the world that we have a profound respect for all wholesome and constitutional laws.

( Source: Messages of the First Presidency 3:80 )

The Constitution expressly says that no law shall be passed impairing the obligation of contracts. But we have entered into covenants and contracts in our most sacred places. . . . I have never broken any law of these United States. . . .

Well, what will you do? I will obey every Constitutional law so far as God gives me ability.

( Source: Journal of Discourses, 26:153 )

We Latter-day Saints — what are we? Professors of religion. Are we? Yes. There are laws being enacted in order to deprive us of our religious rights, whereas the Constitution of the United States says that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof [US Const. Amend. I]. Is that true? Read it for yourselves in the Constitution. This is what we profess as Americans. We have men in our midst who have introduced test oaths, whereas the Constitution says, that “no religious test shall ever be required” [US Const. Art. VI]; yet they have introduced test-oaths, and people are obliged to swear certain things that the Constitution says shall not be permitted. Are we American citizens here? I think so. Have we any rights? I think we ought to have. Are they being trampled upon? Yes, they are; and these things are being done with impunity. How is it? Why, the Constitution is treated by the politicians of to-day as the Bible is treated by professors of religion. . . . As I have said, the Constitution provides that Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof. . . .

. . . At the time when the Edmunds law was passed I was living in what is known as the Gardo House. I had most of my wives living with me there, and after looking carefully over the Edmunds law I thought to myself, why Congress is growing very wild; this Government is getting very, very foolish; they are trampling upon Constitutional rights. No matter, I said, I will obey this law. . . . “[W]e shall stand up for our rights and protect ourselves in every proper way, legally and constitutionally, and dispute inch by inch every step that is taken to deprive us of our rights and liberties.” And we will do this in the way that I speak of. We are doing it to-day; and as you have heard it expressed on other occasions, it looks very much like as though the time was drawing near when this country will tumble to pieces; for if the people of this nation are so blind and infatuated as to trample under foot the Constitution and other safeguards provided for the liberties of man, we do not propose to assist them in their suicidal and traitorous enterprises; for we have been told by Joseph Smith that when the people of this nation would trample upon the Constitution, the Elders of this Church would rally round the flag and defend it. And it may come to that; we may be nearer to it than some of us think, for the people are not very zealous in the protection of human rights. And when legislators, governors and judges unite in seeking to tear down the temple of liberty and destroy the bulwarks of human freedom, it will be seen by all lovers of liberty, that they are playing a hazardous game and endangering the perpetuity of human rights. For it will not take long for the unthinking to follow their lead, and they may let loose an element that they never can bind again.

( Source: Journal of Discourses 25:348-50 )

It is said in the Doctrine and Covenants, that he that keepeth the laws of God, hath no need to break the laws of the land [D&C 58:21]. It is further explained in section 98 [D&C 98], what is meant in relation to this. That all laws which are constitutional must be obeyed, as follows:

“And now, verily I say unto you concerning the laws of the land, it is my will that my people should observe to do all things whatsoever I command them.

“And that the law of the land which is constitutional, supporting that principle of freedom in maintaining rights and privileges, belongs to all mankind, and is justifiable before me;

“Therefore I the Lord justify you and your brethren of the Church in befriending that law which is the constitutional law of the land. And as pertaining to laws of man, whatsoever is more or less than these cometh of evil” [D&C 98:4–7].

That is taking this nation as an example, all laws that are proper and correct, and all obligations entered into which are not violative of the constitution should be kept inviolate. But if they are violative of the constitution, then the compact between the rulers and the ruled is broken and the obligation ceases to be binding. Just as a person agreeing to purchase anything and to pay a certain amount for it, if he receives the article bargained for, and does not pay its price, he violates his contract; but if he does not receive the article he is not required to pay for it.

( Source: Journal of Discourses 26:350 )

They are described in the Declaration of Independence as inalienable rights, one of which is that men have a right to live; another is that they have a right to pursue happiness; and another is that they have a right to be free and no man has authority to deprive them of those God-given rights, and none but tyrants would do it. These principles I say, are inalienable in man; they belong to him; they existed before any constitutions were framed or any laws made. Men have in various ages striven to strip their fellowmen of these rights, and dispossess them of them. And hence the wars, the bloodshed and carnage that have spread over the earth. We therefore are not indebted to the United States for these rights; we were free as men born into the world, having the right to do as we please, to act as we please, as long as we do not transgress constitutional law nor violate the rights of others.

As politicians or statesmen they must at least give us the benefit of the Constitution and laws.

( Source: Journal of Discourses 23:263-64 )

We will stand by our covenants, and the Constitution will bear us out in it. Among other things, that instrument says that Congress shall make no law impairing the validity of contracts. You have contracted to be united with your wives in time and in eternity, and it would not do for us to break a constitutional law, would it?

Now, what will we do in our relations with the United States? We will observe the law as we have done, and be as faithful as we have been. We will maintain our principles and live our religion and keep the commandments of God, and obey every constitutional law, pursuing that course that shall direct us in all things.

( Source: Journal of Discourses 23:68 )

Then do you profess to ignore the laws of the land? No; not unless they are unconstitutional, then I would do it all the time. Whenever the Congress of the United States, for instance, pass[es] a law interfering with my religion, or with my religious rights, I will read a small portion of that instrument called the Constitution of the United States, now almost obsolete, which says “Congress shall pass no law interfering with religion or the free exercise thereof” [US Const. Amend. I]; and I would say, gentlemen, you may go to Gibraltar with your law, and I will live my religion. When you become violators of the Constitution you have sworn before high heaven to uphold, and perjure yourselves before God, then I will maintain the right, and leave you to take the wrong just as you please.

( Source: Journal of Discourses 11:343; John Taylor Papers 1:232 )

Right on the back of all the insults, robbery and fraud which we had endured, we still went Constitutionally to work… Is there any step that we have taken that is contrary to law? There is not. (JD 5:152; revised in LJT 275)

( Source: Journal of Discourses 5:152; LJT 275 )

We believe that all legislative assemblies should confine themselves to constitutional principles; and that all such laws should be implicitly obeyed by every American.

( Source: “Introductory Address” 2 )

It is a pretty bold stand for this people to take, to say that they will not be controlled by the corrupt administrators of our General Government. We will be controlled by them, if they will be controlled by the Constitution and laws; but they will not. Many of them do not care any more about the constitution and the laws that they make than they do about the laws of another nation. That class tramples the rights of the people under their feet, while there are also many who would like to honour them. All we have ever asked for is our constitutional rights. We wish the laws of our Government honoured, and we have ever honoured them; but they are trampled under foot by administrators.

I do not lift my voice against the great and glorious Government guaranteed to every citizen by our Constitution, but against those corrupt administrators who trample the Constitution and just laws under their feet. They care no more about them than they do about the Government of France; but they walk them under their feet with impunity. And the most of the characters they have sent here as officers cared no more about the laws of our country and of this Territory than they did about the laws of China, but walked them under their feet with all the recklessness of despots.

( Source: Journal of Discourses 5:231-32 )

If I lose my life in a good cause I am willing to be sacrificed on the altar of virtue, righteousness and truth, in maintaining the laws and Constitution of the United States, if need be, for the general good of mankind.

( Source: Teachings of the Prophet Joseph Smith 332 )

The benefits of the constitution and laws are alike for all; and the great Elohim has given me the privilege of having the benefits of the constitution and the writ of habeas corpus.

( Source: History of the Church 5:471 )

The Constitution is not a law, but it empowers the people to make laws… The Constitution tells us what shall not be a lawful tender… The legislature has ceded up to us the privilege of enacting such laws as are not inconsistent with the Constitution of the United States… The different states, and even Congress itself, have passed many laws diametrically contrary to the Constitution of the United States…

Shall we be such fools as to be governed by its laws, which are unconstitutional? No! … The Constitution acknowledges that the people have all power not reserved to itself. I am a lawyer; I am a big lawyer and comprehend heaven, earth and hell, to bring forth knowledge that shall cover up all lawyers, doctors and other big bodies. This is the doctrine of the Constitution, so help me God. The Constitution is not law to us, but it makes provision for us whereby we can make laws. Where it provides that no one shall be hindered from worshiping God according to his own conscience, is a law. No legislature can enact a law to prohibit it. The Constitution provides to regulate bodies of men and not individuals.

( Source: Teachings of the Prophet Joseph Smith 278 )

And that law of the land which is constitutional, supporting that principle of freedom in maintaining rights and privileges, belongs to all mankind, and is justifiable before me. Therefore, I, the Lord, justify you, and your brethren of my church, in befriending that law which is the constitutional law of the land.

( Source: D&C 98:5-6 )