Marbury Vs. Madison
By: July • Essay • 570 Words • November 9, 2009 • 1,219 Views
Essay title: Marbury Vs. Madison
In the Supreme Court case of George Reynolds vs. United States, 1879, concerned an older Mormon living in the Utah Territory under federal laws, was charged with a violation of a federal law forbidding marriage in all federal territories. The practice of multiple marriage couples is a practice common among Mormons of that time period. The United States put into effect a law the restricted multiple marriage couples upon receiving word that Mormons were moving into the Utah Territory. Since the United States Government was founded on Judeo-Christian beliefs, they frowned heavily on the Mormon practice and used their power to restrict their ability to act on their beliefs.
The principle of democracy that is directly applicable to this situation is Equality under the Law. George Reynolds took his case to the Supreme Court in objection that he could not fully pursue his religion. He argued that the first amendment guarantees that persons will be free from any law prohibiting the free exercise of religion. That no federal law could interfere with a person’s religious belief or with actions based on those beliefs. That the federal law was unconstitutional and his conviction should be overturned. In his eyes he was not being treated fairly by the government because of what his religion believed was acceptable. He felt that multiple partner relationships should be allowed and that the United States was out of line in restricting that.
The Supreme Court ruled that the case presented an obvious and compelling need to regulate a question of behavior offensive to public will. The first amendment cannot be used as a shield to protect any person against criminal behavior. This ruling states that the first amendment cannot be used as an excuse to do whatever you want simply because your religion says that’s ok to do. Mr. Reynolds is allowed to believe that multiple partners are acceptable, but he is not allowed to practice that belief, according to the law of the United States.