- The Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States
Infobox SCOTUS case
Litigants=The Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States
FullName= The Late Corporation of the Church of Jesus Christ of Latter-day Saints et al v. United States; Romney et al v. United States
Citation=10 S. Ct. 792; 34 L. Ed. 478; 1890 U.S. LEXIS 2199
Edmunds-Tucker Actprovisions authorizing disincorporation of LDS Church upheld in "U.S. v. Church of Jesus Christ of Latter-Day Saints". 5 Utah 361, 15 P. 473 (Utah.Terr. 1887). Appeal from the Supreme Court of the Utah Territory
Holding=Congress has supreme authority over territories, including power to dissolve the LDS Church's corporation and seize its property. Under
parens patriaeprincipals, congress may redirect assets to charitable purposes within Utah Territory. Property was properly not transferred to church members because they were using it to further outlawed polygamy.
JoinMajority=Harlan, Gray, Blatchford, Brewer
LawsApplied=U.S. Const. amend. I;
"The Late Corporation of the Church of Jesus Christ of Latter-day Saints v. United States", ussc|136|1|1890 was a Supreme Court case that upheld the
Edmunds-Tucker Acton May 19, 1890. Among other things, the act disincorporated The Church of Jesus Christ of Latter-day Saints(LDS Church; see also Mormon).
Chief Justice Fuller's dissent asserted that though Congress has the power to criminalize
polygamy, "it is not authorized under the cover of that power to seize and confiscate the property of persons, individuals, or corporations, without office found, because they may have been guilty of criminal practices." [ussc|136|67|1890]
The ruling in "Late Corporation" would have directed federal
escheatof substantially all the property of the legally disincorporated LDS Church, which was estimated at $3 million. Following the decision, the U.S. Attorney for Utah Territoryreported seizing only $381,812 in assets. [Paul G. Kauper & Stephen C. Ellis, "Religious Corporations and the Law," 71 Mich. L. Rev. (1972-1973), 1499, 1517. This figure includes seized stock and cash in bank accounts as well as $10,000 "credits due on sheep."] Real property, including LDS temples, was never seized although the ruling authorized it. Within five months, the LDS Church officially renounced polygamy in the 1890 Manifesto. On October 25, 1893, a congressional resolution authorized the release of assets seized from the LDS Church because, "said church has discontinued the practice of polygamy and no longer encourages or gives countenance to any manner of practices in violation of law, or contrary to good morals or public policy." [Jt. Res 11., 53d Cong., 1st Sess., 28 Stat. 980]
Morrill Anti-Bigamy Act(1862)
Reynolds v. United States" (1879)
History of civil marriage in the U.S.
List of United States Supreme Court cases, volume 136
* [http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=us&vol=136&invol=1 U.S. Supreme Court MORMON CHURCH v. UNITED STATES, 136 U.S. 1 (1890)] .
Wikimedia Foundation. 2010.
Look at other dictionaries:
Late Corporation of the Church of Jesus Christ of Latter-Day Saints v. United States — The Late Corporation of the Church of Jesus Christ of Latter Day Saints v. United States Supreme Court of the United States … Wikipedia
The Church of Jesus Christ of Latter-day Saints — Classification Latter Day Saint movement Theology Nontrinitarian, Mormonism Governance … Wikipedia
History of The Church of Jesus Christ of Latter-day Saints — For the book series on the LDS Church s early history, see History of the Church. The history of The Church of Jesus Christ of Latter day Saints (LDS Church) is typically divided into three broad time periods: (1) the early history during the… … Wikipedia
Church of Jesus Christ (Cutlerite) — For other uses, see Church of Jesus Christ (disambiguation). Church of Jesus Christ (Cutlerite) Cutlerite church headquarters in Independence, Missouri Classification Latter Day Saint movement … Wikipedia
Latter Day Saint polygamy in the late 19th century — Possibly as early as the 1830s, followers of the Latter Day Saint movement (also known as Mormonism), were practicing the doctrine of polygamy or plural marriage . After the death of church founder Joseph Smith, Jr., the doctrine was officially… … Wikipedia
United States — a republic in the N Western Hemisphere comprising 48 conterminous states, the District of Columbia, and Alaska in North America, and Hawaii in the N Pacific. 267,954,767; conterminous United States, 3,022,387 sq. mi. (7,827,982 sq. km); with… … Universalium
List of United States Supreme Court cases, volume 140 — This is a list of all the United States Supreme Court cases from volume 140:SCOTUSTable | data =SCOTUSRow case name = Pennoyer v. McConnaughy page = 1 decision date = decision year = 1891SCOTUSRow case name = Henderson v. Carbondale Coal Coke Co… … Wikipedia
List of sects in the Latter Day Saint movement — Contents ♦ Before 1844 ♦ Brigham Young: Mainstream LDS · Woolley / other fundamentalists · Progressive · Miscellaneous ♦ … Wikipedia
Christian Church (Disciples of Christ) — Disciples of Christ redirects here. For the followers of Christ in the gospels, see Disciple (Christianity). Christian Church (Disciples of Christ) Logo: The chalice with the Cross of St Andrew Classification Protesta … Wikipedia
Jim Gibbons (United States politician) — Infobox Governor name= Jim Gibbons placeofburial= caption= order=28th office= Governor of Nevada term start= January 1, 2007 lieutenant= Brian Krolicki predecessor= Kenny Guinn successor= Incumbent office2= Member of the U.S. House of… … Wikipedia