why me;6435592:
The constitution was a wee bit different then.
um…Freedom of the Press was one of the original 10. So, no, that part was not a wee bit different
The problem at Nauvoo was that the printing press was destroyed and not that the paper was closed down. The printing press was considered private property.
So, for Mormons, not only do they disregard the Constitution, they disregard private property
Mormons had their private property destroyed for years and years before the case in Nauvoo.
So that makes it right?
And no one was ever convicted for the destruction of private property.
Because they always left and did not pursue the issue most of the time
And no one to my knowledge were ever (name removed by moderator)risoned for destroying mormon private property nor were they found guilty of murder when mormon families were killed. Isn’t this hypocritical? I think so.
Ah…so what you are saying is, in the Joseph Smith translation, the Bible says, do unto as as they did unto you?
Here you go for your own reading.
1 Legal Opinions and Analyses
Critics have questioned whether the city council’s ordinance and the mayor’s declaration and order were constitutional. One Mormon legal scholar Dallin H. Oaks has addressed the issue, and concluded that although the actions may not have been wise, they were in keeping with accepted legal practices of the time.
Some contend that critics are misjudging Nauvoo officials’ actions of the mid nineteenth century by applying legal standards of the late twentieth century. For example, the Fourteenth Amendment of the United States Constitution was twenty four years away from being enacted in 1868Events January 3 Meiji Emperor declares " Meiji Restoration", his own restoration to full power, against the supporters of the Tokugawa Shogunate. January 10 Shogun Tokugawa Yoshinobu declares emperor’s declaration “illegal” and attacks Kyoto. Pro-Emperor, and that amendment’s incorporation of federal constitional rights against state and local governments was not enforced until 19311931 is the common year starting on Thursday. see link for calendar) Events January January 4 Female aviator Elly Beinhorn begins her flight to Africa January 6 Thomas Edison submits his last patent application. January 22 Sir Isaac Isaacs sworn in as the. Thus, the issue falls primarily on the constitution of Illinois and the Nauvoo Charter, not the federal law of the United States such as the First AmendmentThe First Amendment to the United States Constitution is a part of the Bill of Rights. Textually, it prevents the Congress from infringing on five rights. These guarantees were that the government would not: Endorse any given religion or establish a state.
Some argue that even if the actions of the mayor were not illegal under the First Amendment of the U.S. Constitution (because it was not governing law), they were illegal under the 1818 Constitution of Illinois. Among other constitutional rights included in the Illinois constitution, it prohibits ex-post facto laws (VIII.16) and provides for freedom of the press (VIII.22). Smith’s actions as mayor are not clearly illegal under either of those constitutional provisions. Freedom of speech is not absolute; there are in this case applicable limitations and restrictions on that right. The press was declared a nuisance in part because it was deemed that if it was not immediately unchecked, it would inflame Nauvoo’s Mormon citizens and lead to public disorder or a public disturbance. Assuming that the mayor’s declaration and order passed the ex-post facto legal hurdle, it also needed to meet the Nauvoo Charter’s requirement that new ordinances must be published under certain criteria and could only become effective 30 days after the ordinance was passed. This requirement was not met.
Another consideration is whether the common lawThis article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). The common-law legal system forms a major part of the law of many c rule of nuisance was applicable without the need to pass a nuisance ordinance nor run up against any ex-post facto restriction. Finally, the destruction of the press rather than merely taking the press into custody would have incurred a taking requiring just compensation from the city.
The Nauvoo council and mayor considered that the most pertinent and inflammatory allegation presented by the paper was that Smith secretly practiced “spiritual wifery” or polygamy. Although Church leaders condemned “spiritual wifery” and even excommunicated members for the practice, the doctrine of Plural Marriage was practiced,