The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
“The right of a citizen of one state to pass through, or to reside
in, any other state, for purposes of trade, agriculture,
professional pursuits, or otherwise; to claim the benefit of habeas
corpus; to institute and maintain actions of any kind in the courts
of the state; to take, hold and dispose of property, either real or
personal; and an exemption from higher taxes or impositions than are
paid by the other citizens of the state; may be mentioned as some of
the particular privileges and immunities of citizens, which are
clearly embraced by the description”—Corfield vs. Coryell,
_Washington C. C. Rep. 380_.
92 Constitution of the United States, Art. 6, Cl. 3.
While no religious test of any kind may ever be required from any
officer of the United States as a condition of his being elected, or
holding office, public sentiment nevertheless favors Christian
character among the people. If a candidate for office were an
atheist and made public confession as to his lack of belief in God,
it would doubtless mitigate against his election.
“The general principle of equality of all persons before the law
excludes discriminations made on account of religions belief, with
the result that religious tests should not be made the basis of
political rights or for determining qualifications for office or in
general for the possession, exercise, or protection of civil
rights.”—Emlin McClain, quoted in the _Cyclopedia of American
Government_, Vol. III, p. 176.
“This clause was introduced for the double purpose of satisfying the
scruples of many persons who feel an invincible repugnance to any
religious test or affirmation, and to cut off forever every pretence
of any alliance between church and state in the national
government”—Story’s Const. Sc. 1841.
93 A glance at the motives of Europeans in coming to America will
reveal the fact that thousands of the best people of European
countries left their homes to escape either religious or political
persecution at the hands of the government or the king. Such was
true of the Huguenots of France, the Pilgrims and Puritans of
England, and only recently, the Jews of Russia.
The laws of “attainder” in England in the early times confiscated
the property of persons, however innocent they themselves might be,
if they were near relatives of other persons who had committed grave
crimes.
Before the passage of the Habeas Corpus Act of 1679 in England, any
person of royalty or high official standing in the government could
falsely accuse another person of crime and cause that innocent
person to languish in prison for years, or even for life, because he
could not get before a court of justice to establish his innocence.
Public-domain text, read in full here on John Shaqi.
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