Church of Jesus Christ of Latter Day Saints v. United States 136 U.S. 1 (1890)

• Author: Richard E. Morgan
• Pages: 358-359

Page 358

The Mormon Church was granted a charter of incorporation in February 1851 by the so-called State of Deseret; later an act of the territorial legislature of Utah confirmed the charter. In 1887 Congress, having plenary power over the TERRITORIES, repealed the charter and directed the seizure and disposal of church property.

Justice JOSEPH P. BRADLEY wrote for the Court. He held that the power of Congress over the territories was sufficient

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to repeal an act of incorporation. He also held that once the Mormon Church became a defunct CORPORATION, Congress had power to reassign its property to legitimate religious and charitable uses, as near as practicable to those intended by the original donors. The claim of RELIGIOUS FREEDOM could not immunize the Mormon Church against the congressional conclusion that, because of its sponsorship of polygamy, it was an undesirable legal entity.

Chief Justice MELVILLE WESTON FULLER dissented, joined by Justice STEPHEN J. FIELD and Justice L. Q....