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Essay / Research Paper Abstract
This 6 page paper summarizes the content of 2 law articles. The first is an annotation by Shields (2011) that summarizes cases pertaining to bigamy and polygamy that uphold the constitutionality of these laws. The second article, which is by Utah Attorney General Mark Shurtleff (2010) describes the theocracy established by the Mormon fundamentalist sect, the FDLS, and the actions that the state took against its leader, Warren Jeffs. No other sources cited.
Page Count:
6 pages (~225 words per page)
File: KL9_khsum2art.doc
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Unformatted sample text from the term paper:
the purpose of the annotation is to locate and describe specific cases in which the courts have found statues prohibiting bigamy and polygamy to be constitutional. This purpose is reiterated
under the articles first subheading, i.e., Scope. Background and summary This section defines bigamy and polygamy, explaining that the terms have become interchangeable, and also discusses the general standing
of law pertaining to this topic, indicating that, in general, the law prohibits entering a new marriage while the a previous marriage remain in good legal standing. The courts have
reviewed constitutional challenges to bigamy and polygamy statutes on a variety of legal issues, which are listed, and cases pertaining to each of these issues are reviewed within the annotation.
Standing to challenge statute In this section, Shields describes a variety of cases, such as Bronson v. Swensen, UT 2005, in which various courts have determined the question of
whether or not a party has sufficient standing to challenge a constitutional provision or a statute. A variety cases are described. While the right to challenge a constitutional provision or
statute is granted in each of these cases, the rulings indicate that the courts, the U.S. Supreme Court, as well as courts in Arizona and Utah, have consistently upheld legal
prohibitions against polygamy and bigamy. For example, in the Supreme Court case of Reynolds v. U.S. 1878, the Court held while a defendant had the right to perceive polygamy as
a legitimate practice under a religious doctrine, this religious belief did not provide justification for violating a criminal law, as to do so would place religious doctrine as superior to
legal requirements (Shields, 2011). Cumulative Cases The bulk of the article occurs under this heading, which is listed twice, and has subheadings that address each category of constitutional challenges
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