The Essentials of American Constitutional LawThorpe, Francis Newton
History
The Essentials of American Constitutional Law
Thorpe, Francis Newton
Constitutional law -- United States
Thus, in final analysis, constitutional law in America is shaped and
determined by interpretation of these fundamental rights. The supreme
law cannot violate them. They comprise the Bills of Rights, or
Declarations of Rights of the State constitutions and the first ten
amendments of the federal Constitution.
152. There is no fixed order of these rights or priority among them.
The Constitution, as framed originally, forbade any religious test for
any federal office or trust.[425] The First Amendment forbids Congress
to make any law respecting an establishment of religion, or prohibiting
the free exercise thereof. The limitation is wholly on Congress. If any
such exists for a State it is found in the constitution of that State.
Crime cannot be protected under the claim or guise of being religion.
Thus polygamy, bigamy, or conduct, ceremonies or observance criminal
and offensive to the commonsense of mankind cannot be tolerated.[426]
Freedom of religion cannot be made a cloak for immorality or
crime.[427] The preservation of religious liberty is largely a
function of the States. The essentials here are: the equality of
religious establishments before the law; “exemption of all persons from
compulsory support of religious worship and from compulsory attendance
upon the same”[428]; freedom of conscience and speech in religious
matters, and entire exemption of the person from discrimination,
domination, censorship, or interference in matters of religion by the
State.
But this fundamental right does not free the person from responsibility
to the State for the results of his belief or conduct, in so far as
either imperils the State. Thus, so-called “religious belief” or
conduct which destroys or endangers peace and good order, or the
life, or lives, or reputation of a person or a community cannot work
exemption under the claim of religious liberty.[429]
Freedom of speech, of the press, and of assembling are ancient rights,
each won after long struggle against absolutism.[430] These rights are
inviolable, but the same principle applies to them as to religious
freedom: he who exercises them is responsible for the abuse of the
right.[431]
153. Every citizen is subject to the legislative power of the State,
and abuse of a fundamental right,—as of freedom of speech or of the
press in uttering a libel,—cannot exempt the party from prosecution. No
man can make plea of a fundamental right as making him “above the law.”
The law accords with the fundamental right.
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