Religion in the states

The Constitution of the United States makes no mention of God and only two references to religion. The first reference is in the body: Article VI "[N]o religious Test shall ever be required as a Qualification to any Office or public Trust under the United States." The second reference is the first line of the First Amendment: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof...." The state constitutions are far less restrained. While looking for voting rights in the state constitutions, I began to collect some interesting trivia from the freedom of religion clauses. The topic was interesting enough that I went back and collected the freedom of religion clauses from all fifty of the state constitutions (all fifty do include it in their enumeration of rights). This task was made easier by stumbling across Know Your Rights!, a site by Ken Lombardi where he has gathered all of the states' bills of rights.

At first I thought it would be interesting to look not just at the texts of the freedom of religion clauses in the various bills of rights, but at the position of that clause. My thinking was that how high or low they placed religious freedom in the enumeration of rights might be an indication of how much importance the authors of the constitutions placed on religious freedom. In the table below, I have included the section or article number for religion in each bill of rights. I don't think the results showed what I had hoped, but the results were nevertheless interesting.

A quick glance at the religion clauses shows that most states have used a limited number of standardized forms for the clause. The similarities are even more obvious when you look at the complete bills of rights. What they reveal, is that writing a constitution isn't as hard as it sounds. It appears that most constitutions were not so much written from scratch, as copied and modified using the constitution of another state. The placement of the religious clause is only a safe indication of the priority of the state that wrote the original version. Tracing the lineage of the various state constitutions would be an interesting project for another day.

Another detail revealed by skimming over the full bills of rights is that most of them have rather self-consciously copied the US Bill of Rights. Most of us should find that predictable. In some ways it's also a bit silly. Is it really necessary for every state to repeat that, in peacetime, troops cannot be quartered in homes without the consent of the owner? In a way, repeating such rights, religious freedom included, undermines the idea that the US Constitution is the supreme law of the land. If a right is already guaranteed by one authority, what is the point of another authority also guaranteeing it, unless that second authority claims the power to override the first authority? I suppose that's a question for legal scholars*.

Noticing that the state bills of rights copy the US Bill of Rights brings us back to the placement of religious freedom. Freedom of religion is the first right named in the First Amendment, yet many states have moved it lower in their bills of rights, in some cases much lower. In Arkansas it follows a clause on eminent domain. In Maryland it comes right after a prohibition on holding two offices at once and twenty-five places down from a clause making Annapolis the capital (that's a right?). Why the reordering of the rights? That's another question for legal scholars.

Looking at the question of religion, we can't ignore the preambles. The US constitution makes no mention of God in its preamble. Forty-five state constitutions invoke God, or some euphemism for God's name, in their preamble. Only Oregon and Tennessee have constitutions that do not mention God in some form in their preambles. The constitutions of New Hampshire, Vermont, and Virginia do not have preambles at all, as far as I can tell. For the record, the Constitution of the Confederate States, a quick rewrite of the US Constitution, did invoke "the favor and guidance of Almighty God." I have included all of these invocations in the table below.

A common claim made by the religious right when arguing against the concept of separation of church and state is that freedom of religion does not mean freedom from religion. There is absolutely nothing in the Constitution or in or in the present interpretation of the first amendment offered by recent supreme courts. Those who make that claim will find comfort in reading reading state constitutions. Half of the constitutions frame the right in some form similar to Kentucky's: "The right of worshipping Almighty God according to the dictates of their conscience." These states include nine of the original thirteen colonies and six of the eleven Confederate states. Four states--Delaware, Maryland, Massachusetts, and Virginia--refer to a duty to worship God. The religious right, besides taking comfort in the idea that freedom of religion means only freedom of form, would be quick to point out the monotheistic language. These state constitutions could be read to mean only believers in the Abrahamic form of religion are entitled to freedom of conscience. Not only could the concerns of atheists be ignored by the state, so too could the concerns of Hindus, Buddhists, animists, and Wiccans be ignored. Ironically, Satanists would be covered by that interpretation. They acknowledge the monotheistic god; they just don't like him. Fortunately, no higher court (outside Alabama) is going to go along with that interpretation.

The ugliest bit of hypocrisy is that, in four states, the above interpretation is supported by other language in the constitutions. In Maryland, North Carolina, Oregon, and Texas, atheists are specifically forbidden to hold public office. In those states, freedom of religion really does not include freedom from religion.

A few other odds and ends:

• Most states make a point of adding to their religion clause text that says religious belief does not entitle a person to break the law. Idaho makes that point and very specifically names bigamy and polygamy as two crimes not excused by religion. This is aimed at Idaho's large Mormon population and at the tendency of Mormon polygamists to locate their compounds in peripheral areas like the Idaho mountains.
  
• In Massachusetts, Nebraska, New Hampshire, and Ohio, religion is named as being "essential" to good government and public order.
  
• Vermont advises "every sect or denomination of Christians ought to observe the Sabbath or Lord's day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God."
  
• Virginia says "...it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other."
  
• Mississippi allows Christian churches to keep a foot in the schoolhouse door: "The rights hereby secured shall not be construed ... to exclude the Holy Bible from use in any public school of this state."

One way of looking at the the religious language, invocations to the Christian God, and indications that freedom of religion means nothing more than being free to decide which Protestant church you're going to attend, is to say it's no more meaningful than "In God We Trust" on a coin or "under God" inserted into the pledge. It is a violation of separation and shouldn't be there, but it's far from the most dangerous violation of separation going on. Another way of looking at it is to say it is serious. These little violations help create an atmosphere that makes the bigger violations more likely. While a few big cases get the most visible news coverage, the struggle to maintain the wall of separation is almost entirely fought in small local skirmishes. Documents like state constitutions carry a great deal of weight in these skirmishes. The sloppy and indefensible way in which the topic is dealt with in many constitutions creates cracks and loopholes that the opponents of separation will find and will exploit to the best of their ability.

Two years ago, someone in Ohio noticed that their constitution and law code still used the terms "idiots," "lunatics," and "insane" to designate any and all kinds of limitations on mental ability. Their response was to make a purely cosmetic change to the law code to use kinder and gentler terms. They decided it was too much of a bother to change the constitution, so that document still says, "No idiot, or insane person, shall be entitled to the privileges of an elector." The law might reflect a more nuanced attitude about who can exercise the full rights of an adult, but as long as the constitution says something different, there will always be a danger that those rights will be removed. Most states have that same casual attitude about religious rights. They have left the old language, privileging monotheism (specifically Christianity), in place because they don't intend to do anything about it. But as long as the language is there, it's like leaving a vial of nitro in your medicine cabinet. There will always be a possibility that it will explode.

Today there are hundreds of religious extremists looking for an opening to impose their religion on others. The Chaplaincy of Full Gospel Churches, which provided endorsement for nearly ten percent of the chaplains in the US military, regularly violates the codes that govern chaplaincies, using their positions of authority to proselytize the troops and carry their missions overseas. Their actions are illegal and unconstitutional but flourish anyway because of the unwillingness of federal authorities to confront violations of the wall of separation. The US constitution provides far fewer openings for such abuse that do most state constitutions, yet the abuse is rampant. Your state might not be acting on constitutional language that says religion is necessary for good order or that bans atheists from public office, but as long as that language is there, it presents a threat. Like the nitro in the medicine cabinet, it's best to get rid of the language before it causes an explosion.

For all you rights and constitution buffs, here's the state of your state:

Alabama
We, the people of the State of Alabama ... invoking the favor and guidance of Almighty God...
Sec. 3 That no religion shall be established by law; that no preference shall be given by law to any religious sect, society, denomination, or mode of worship; that no one shall be compelled by law to attend any place of worship; nor to pay any tithes, taxes, or other rate for building or repairing any place of worship, or for maintaining any minister or ministry; that no religious test shall be required as a qualification to any office or public trust under this state; and that the civil rights, privileges, and capacities of any citizen shall not be in any manner affected by his religious principles.

Alaska
We the people of Alaska, grateful to God and to those who founded our nation and pioneered this great land...
Sec. 4 No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof.

Arizona
We the people of the State of Arizona, grateful to Almighty God for our liberties...
Sec. 12. The liberty of conscience secured by the provisions of this Constitution shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. No public money or property shall be appropriated for or applied to any religious worship, exercise, or instruction, or to the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned touching his religious belief in any court of justice to affect the weight of his testimony.

Arkansas
We, the People of the State of Arkansas, grateful to Almighty God for the privilege of choosing our own form of government; for our civil and religious liberty...
Sec. 24. All men have a natural and indefeasible** right to worship Almighty God according to the dictates of their own consciences; no man can, of right, be compelled to attend, erect, or support any place of worship; or to maintain any ministry against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given, by law, to any religious establishment, denomination or mode of worship, above any other.

California
WE, the People of California, grateful to Almighty God for our freedom: in order to secure its blessings, do establish this Constitution...
Sec. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this State; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience, hereby secured, shall not be so construed as to acts of licentiousness, or justify practices inconsistent with the peace or safety of this State.

Colorado
We, the people of Colorado, with profound reverence for the Supreme Ruler of the Universe...
Sec. 4. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever hereafter be guaranteed; and no person shall be denied any civil or political right, privilege or capacity, on account of his opinions concerning religion; but the liberty of conscience here by secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness or justify practices inconsistent with the good order, peace or safety of the state.

Connecticut
The people of the State of Connecticut acknowledging with gratitude, the good providence of God...
Sec. 3. The exercise and enjoyment of religious profession and worship, without discrimination, shall forever be free to all persons in the state; provided, that the right hereby declared and established, shall not be so construed as to excuse acts of licentiousness, or to justify practices inconsistent with the peace and safety of the state.

Delaware
Through Divine goodness, all men have by nature the rights of worshiping and serving their Creator according to the dictates of their consciences...
Sec. 1. Although it is the duty of all men frequently to assemble together for the public worship of Almighty God; and piety and morality, on which the prosperity of communities depends are hereby promoted; yet no man shall or ought to be compelled to attend any religious worship, to contribute to the erection or support of any place of worship, or to the maintenance of any ministry, against his own free will and consent; and no power shall or ought to be vested in or assumed by any magistrate that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise or religious worship, nor a preference given by law to any religious societies, denominations, or modes of worship.
Sec. 2. No religious test shall be required as a qualification to any office, or public trust, under this State.

Florida
We, the people of the State of Florida, being grateful to Almighty God for our constitutional liberty...
Sec. 3. There shall be no law respecting the establishment of religion or prohibiting or penalizing the free exercise thereof. Religious freedom shall not justify practices inconsistent with public morals, peace or safety. No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.

Georgia
[W]e, the people of Georgia, relying upon the protection and guidance of Almighty God...
Part 12. All men have the natural and inalienable right to worship God, each according to the dictates of his own conscience, and no human authority should, in any case, control or interfere with such right of conscience.

Hawaii
We, the people of the State of Hawaii, grateful for Divine Guidance...
Sec. 3. No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press, or the right of the people peaceably to assemble and to petition the government for a redress of grievances.

Idaho
We, the people of the State of Idaho, grateful to Almighty God for our freedom...
Sec. 4. The exercise and enjoyment of religious faith and worship shall forever be guaranteed; and no person shall be denied any civil or political right, privilege, or capacity on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, or excuse acts of licentiousness or justify polygamous or other pernicious practices, inconsistent with morality or the peace or safety of the state; nor to permit any person, organization, or association to directly or indirectly aid or abet, counsel or advise any person to commit the crime of bigamy or polygamy, or any other crime. No person shall be required to attend or support any ministry or place of worship, religious sect or denomination, or pay tithes against his consent; nor shall any preference be given by law to any religious denomination or mode of worship. Bigamy and polygamy are forever prohibited in the state, and the legislature shall provide by law for the punishment of such crimes.

Illinois
We, the people of the State of Illinois - grateful to Almighty God for the civil, political and religious liberty which He has permitted us to enjoy and seeking His blessing upon our endeavors...
Sec. 3. The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed, and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. No person shall be required to attend or support any ministry or place of worship against his consent, nor shall any preference be] given by law to any religious denomination or mode of worship.

Indiana
WE, the people of the State of Indiana, grateful to ALMIGHTY GOD...
Sec. 2. All men shall be secured in their natural right to worship Almighty God, according to the dictates of their own consciences.

Iowa
WE, THE PEOPLE OF THE STATE OF IOWA, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuance of those blessings...
Sec. 3. The General Assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister, or ministry.

Kansas
We, the people of Kansas, grateful to Almighty God for our civil and religious privileges...
Sec. 7. The right to worship God according to the dictates of conscience shall never be infringed; nor shall any person be compelled to attend or support any form of worship, nor shall any control of or interference with the rights of conscience be permitted, nor any preference be given by law to any religious establishment or mode of worship. No religious test or property qualification shall be required for any office of public trust, nor for any vote at any election, nor shall any person be incompetent to testify on account of religious belief.

Kentucky
We, the people of the Commonwealth of Kentucky, grateful to Almighty God for the civil, political and religious liberties we enjoy, and invoking the continuance of these blessings...
Sec. 1. All men are, by nature, free and equal, and have certain inherent and inalienable rights, among which may be reckoned:
Second: The right of worshipping Almighty God according to the dictates of their conscience.
Sec. 5. Right of religious freedom. No preference shall ever be given by law to any religious sect, society or denomination; nor to any particular creed, mode of worship or system of ecclesiastical polity; nor shall any person be compelled to attend any place of worship, to contribute to the erection or maintenance of any such place, or to the salary or support of any minister or religion; nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed; and the civil rights, privileges or capacities of no person shall be taken away, or in anywise diminished or enlarged, on account of his belief or disbelief of any religious tenet, dogma or teaching. No human authority shall, in any case whatever, control or interfere with the rights of conscience.

Louisiana
We, the people of Louisiana, grateful to Almighty God for the civil, political, economic, and religious liberties we enjoy...
Sec. 8. No law shall be enacted respecting an establishment of religion or prohibiting the free exercise thereof.

Maine
We the people of Maine ... acknowledging with grateful hearts the goodness of the Sovereign Ruler of the Universe in affording us an opportunity, so favorable to the design; and, imploring His aid and direction in its accomplishment...
Sec. 3. All men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences, and no one shall be hurt, molested or restrained in his person, liberty or estate for worshipping God in the manner and season most agreeable to the dictates of his own conscience, nor for his religious professions or sentiments, provided he does not disturb the public peace, nor obstruct others in their religious worship; - And all persons demeaning themselves peaceably, as good members of the state, shall be equally under the protection of the laws, and no subordination nor preference of any one sect or denomination to another shall ever be established by law, nor shall any religious test be required as a qualification for any office or trust, under this State; and all religious societies in this State, whether incorporate or unincorporate, shall at all times have the exclusive right of electing their public teachers, and contracting with them for their support and maintenance.

Maryland
We the people of the State of Maryland, grateful to Almighty God for our civil and religious liberty...
Art. 36. That as it is the duty of every man to worship God in such manner as he thinks most acceptable to Him, all persons are equally entitled to protection in their religious liberty; wherefore, no person ought by any law to be molested in his person or estate, on account of his religious persuasion, or profession, or for his religious practice, unless under the color of religion, he shall disturb the good order, peace or safety of the State, or shall infringe the laws of morality, or injure others in their natural, civil or religious rights; nor ought any person to be compelled to frequent, or maintain, or contribute, unless on contract, to maintain, any place of worship, or any ministry; nor shall any person otherwise competent, be deemed incompetent as a witness, or juror, on account of his religious belief; provided, he believes in the existence of God, and that under His dispensation such person will be held morally accountable for his acts, and be rewarded or punished therefore either in this world or in the world to come.
Art. 37. That no religious test ought ever to be required as a qualification for any office of profit or trust in this State, other than a declaration of belief in the existence of God; nor shall the Legislature prescribe any other oath of office than the oath prescribed by this Constitution.
Art. 38. That every gift, sale or devise of land to any Minister, Public Teacher, or Preacher of the Gospel, as such, or to any Religious Sect, Order or Denomination, or to, or for the support, use or benefit of, or in trust for, any Minister, Public Teacher, or Preacher of the Gospel, as such, or any Religious Sect, Order or Denomination; and every gift or sale of goods, or chattels to go in succession, or to take place after the death of the Sellor [sic] or Donor, to or for such support, use or benefit; and also every devise of goods or chattels to or for the support, use or benefit of any Minister, Public Teacher, or Preacher of the Gospel, as such, or any Religious Sect, Order or Denomination, without the prior or subsequent sanction of the Legislature, shall be void, except always, any sale, gift, or lease or devise of any quantity of land, not exceeding five acres, for a church, meeting house, or other house of worship, or parsonage, or for a burying ground, which shall be improved, enjoyed or used only for such purpose; or such sale, gift, or lease or devise shall be void. Provided, however, that except in so far as the General Assembly shall hereafter by law otherwise enact, the consent of the Legislature shall not be required to any gift, grant, deed, or conveyance executed after the 2nd day of November, 1948, or to any devise or bequest contained in the will of any person dying after said 2nd day of November, 1948, for any of the purposes here in above in this Art. mentioned.

Massachusetts
[We] the people of Massachusettes [sic], acknowledging, with grateful hearts, the goodness of the Great Legislator of the Universe, in affording us, in the course of his Providence, an opportunity ... of forming a New Constitution of Civil Government, for Ourselves and Posterity; and devoutly imploring His direction in so interesting a Design...
Art. II. It is the right as well as the duty of all men in society, publickly [sic], and at stated seasons to worship the Supreme Being, the great Creator and preserver of the Universe. And no subject shall be hurt, molested, or restrained, in his person, Liberty, or Estate, for worshipping GOD in the manner and season most agreeable to the Dictates of his own conscience, or for his religious profession or sentiments; provided he doth not disturb the public peace, or obstruct others in their religious Worship.
Art. XI. As the public worship of God and instructions in piety, religion and morality, promote the happiness and prosperity of a people and the security of a republican government; -- therefore, the several religious societies of this commonwealth, whether corporate or unincorporate, at any meeting legally warned and holden for that purpose, shall ever have the right to elect their pastors or religious teachers, to contract with them for their support, to raise money for erecting and repairing houses for public worship, for the maintenance of religious instruction, and for the payment of necessary expenses: and all persons belonging to any religious society shall be taken and held to be members, until they shall file with the clerk of such society, a written notice, declaring the dissolution of their membership, and thenceforth shall not be liable for any grant or contract which may be thereafter made, or entered into by such society: -- and all religious sects and denominations, demeaning themselves peaceably, and as good citizens of the commonwealth, shall be equally under the protection of the law; and no subordination of any one sect or denomination to another shall ever be established by law.

Michigan
We, the people of the state of Michigan, grateful to Almighty God...
Sec. 4. Every person shall be at liberty to worship God according to the dictates of his own conscience. No person shall be compelled to attend, or, against his consent, to contribute to the erection or support of any place of religious worship, or to pay tithes, taxes or other rates for the support of any minister of the gospel or teacher of religion. No money shall be appropriated or drawn from the treasury for the benefit of any religious sect or society, theological or religious seminary; nor shall property belonging to the state be appropriated for any such purpose. The civil and political rights, privileges and capacities of no person shall be diminished or enlarged on account of his religious belief.

Minnesota
We, the people of the state of Minnesota, grateful to God...
Sec. 16. FREEDOM OF CONSCIENCE; NO PREFERENCE TO BE GIVEN TO ANY RELIGIOUS ESTABLISHMENT OR MODE OF WORSHIP. The enumeration of rights in this constitution shall not deny or impair others retained by and inherent in the people. The right of every man to worship God according to the dictates of his own conscience shall never be infringed; nor shall any man be compelled to attend, erect or support any place of worship, or to maintain any religious or ecclesiastical ministry, against his consent; nor shall any control of or interference with the rights of conscience be permitted, or any preference be given by law to any religious establishment or mode of worship; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of the state, nor shall any money be drawn from the treasury for the benefit of any religious societies or religious or theological seminaries.
Sec. 17. RELIGIOUS TESTS AND PROPERTY QUALIFICATIONS PROHIBITED. No religious test or amount of property shall be required as a qualification for any office of public trust in the state. No religious test or amount of property shall be required as a qualification of any voter at any election in this state; nor shall any person be rendered incompetent to give evidence in any court of law or equity in consequence of his opinion upon the subject of religion.

Mississippi
We, the people of Mississippi in convention assembled, grateful to Almighty God, and involving his blessing on our work...
Sec. 18. No religious test as a qualification for office shall be required; and no preference shall be given by law to any religious sect or mode of worship; but the free enjoyment of all religious sentiments and the different modes of worship shall be held sacred. The rights hereby secured shall not be construed to justify acts of licentiousness injurious to morals or dangerous to the peace and safety of the state, or to exclude the Holy Bible from use in any public school of this state.

Missouri
We, the people of Missouri, with profound reverence for the Supreme Ruler of the Universe, and grateful for His goodness...
Sec. 5. That all men have a natural and indefeasible** right to worship Almighty God according to the dictates of their own consciences; that no human authority can control or interfere with the rights of conscience; that no person shall, on account of his religious persuasion or belief, be rendered ineligible to any public office of trust or profit in this state, be disqualified from testifying or serving as a juror, or be molested in his person or estate; but this section shall not be construed to excuse acts of licentiousness, nor to justify practices inconsistent with the good order, peace or safety of the state, or with the rights of others.
Sec. 6. That no person can be compelled to erect, support or attend any place or system of worship, or to maintain or support any priest, minister, preacher or teacher of any sect, church, creed or denomination of religion; but if any person shall voluntarily make a contract for any such object, he shall be held to the performance of the same.
Sec. 7. That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect, or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship.

Montana
We the people of Montana grateful to God for the quiet beauty of our state...
Sec. 5. The state shall make no law respecting an establishment of religion or prohibiting the free exercise thereof.

Nebraska
We, the people, grateful to Almighty God for our freedom...
Sec. 4. All persons have a natural and indefeasible** right to worship Almighty God according to the dictates of their own consciences. No person shall be compelled to attend, erect or support any place of worship against his consent, and no preference shall be given by law to any religious society, nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious beliefs; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the legislature to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.

Nevada
We the people of the State of Nevada Grateful to Almighty God for our freedom...
Sec: 4. The free exercise and enjoyment of religious profession and worship without discrimination or preference shall forever be allowed in this State, and no person shall be rendered incompetent to be a witness on account of his opinions on matters of his religious belief, but the liberty of conscience hereby secured, shall not be so construed, as to excuse acts of licentiousness or justify practices inconsistent with the peace, or safety of this State.

New Hampshire
Art. 5. Every individual has a natural and unalienable right to worship God according to the dictates of his own conscience, and reason; and no subject shall be hurt, molested, or restrained, in his peers on, liberty, or estate, for worshipping God in the manner and season most agreeable to the dictates of his own conscience; or for his religious profession, sentiments, or persuasion; provided he doth not disturb the public peace or disturb others in their religious worship.
Art. 6. As morality and piety, rightly grounded on high principles, will give the best and greatest security to government, and will lay, in the hearts of men, the strongest obligations to due subjection; and as the knowledge of these is most likely to be propagated through a society, therefore, the several parishes, bodies, corporate, or religious societies shall at all times have the right of electing their own teachers, and of contracting with them for their support or maintenance, or both. But no person shall ever be compelled to pay towards the support of the schools of any sect or denomination. And every person, denomination or sect shall be equally under the protection of the law; and no subordination of any one sect, denomination or persuasion to another shall ever be established.

New Jersey
We, the people of the State of New Jersey, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors
Sec. 3. No person shall be deprived of the inestimable privilege of worshiping Almighty God in a manner agreeable to the dictates of his own conscience; nor under any pretense whatever be compelled to attend any place of worship contrary to his faith and judgment; nor shall any person be obliged to pay tithes, taxes, or other rates for building or repairing any church or churches, place or places of worship, or for the maintenance of any minister or ministry, contrary to what he believes to be right or has deliberately and voluntarily engaged to perform.
Sec. 4. There shall be no establishment of one religious sect in preference to another; no religious or racial test shall be required as a qualification for any office or public trust.

New Mexico
We, the people of New Mexico, grateful to Almighty God for the blessings of liberty...
Sec. 11. Every man shall be free to worship God according to the dictates of his own conscience, and no person shall ever be molested or denied any civil or political right or privilege on account of his religious opinion or mode of religious worship. No person shall be required to attend any place of worship or support any religious sect or denomination; nor shall any preference be given by law to any religious denomination or mode of worship.

New York
WE, THE PEOPLE of the State of New York, grateful to Almighty God...
Sec. 3. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.

North Carolina
We, the people of the State of North Carolina, grateful to Almighty God, the Sovereign Ruler of Nations, for the preservation of the American Union and the existence of our civil, political and religious liberties, and acknowledging our dependence upon Him for the continuance of those blessings to us and our posterity...
ARTICLE I DECLARATION OF RIGHTS
Sec. 13. All persons have a natural and inalienable right to worship Almighty God according to the desires of their own consciences, and no human authority shall, in any case whatever control or interfere with the rights of conscience.
ARTICLE VI SUFFRAGE AND ELIGIBILITY TO OFFICE
Sec. 8. Disqualifications for office.
The following persons shall be disqualified for office:
First, any person who shall deny the being of Almighty God.

North Dakota
We, the people of North Dakota, grateful to Almighty God for the blessings of civil and religious liberty,
Sec. 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall be forever guaranteed in this state, and no person shall be rendered incompetent to be a witness or juror on account of his opinion on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of this state.

Ohio
We, the people of the State of Ohio, grateful to Almighty God...
Sec. 7. All men have a natural and indefeasible** right to worship Almighty God according to the dictates of their own conscience. No person shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship, against his consent; and no preference shall be given, by law, to any religious society; nor shall any interference with the rights of conscience be permitted. No religious test shall be required, as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the General Assembly to pass suitable laws, to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.

Oklahoma
Invoking the guidance of Almighty God…
Sec. 5. No public money or property shall ever be appropriated, applied, donated, or used directly or indirectly, for the use, benefit, or support of any sect, church, denomination, or system of religion, or for the use, benefit, or support of any priest, preacher, minister, or other religious teacher or dignitary, or sectarian institution as such.

Oregon
Section 2. Freedom of worship. All men shall be secure in the Natural right, to worship Almighty God according to the dictates of their own consciences.
Section 3. Freedom of religious opinion. No law shall in any case whatever control the free exercise, and enjoyment of religeous [sic] opinions, or interfere with the rights of conscience.
Section 4. No religious qualification for office. No religious test shall be required as a qualification for any office of trust or profit.
Section
5. No money to be appropriated for religion. No money shall be drawn from the Treasury for the benefit of any religeous [sic], or theological institution, nor shall any money be appropriated for the payment of any religeous [sic] services in either house of the Legislative Assembly.
Section 6. No religious test for witnesses or jurors. No person shall be rendered incompetent as a witness, or juror in consequence of his opinions on matters of religeon [sic]; nor be questioned in any Court of Justice touching his religeous [sic] belief to affect the weight of his testimony.

Pennsylvania
WE, the people of the Commonwealth of Pennsylvania, grateful to Almighty God...
Sec. 3. All men have a natural and indefeasible** right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent; no human authority can, in any case whatever, control or interfere with the rights of conscience, and no preference shall ever be given by law to any religious establishment or modes of worship.
Sec. 4. No person who acknowledges the being of a God and a future state of rewards and punishments shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this Commonwealth.

Rhode Island
We, the people of the State of Rhode Island and Providence Plantations, grateful to Almighty God for the civil and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors...
Sec. 3. Whereas Almighty God hath created the mind free; and all attempts to influence it by temporal punishments or burdens, or by civil incapacitations, tend to beget habits of hypocrisy and meanness; and whereas a principal object of our venerable ancestors, in the migration to this country and their settlement of this state, was, as they expressed it, to hold forth a lively experiment that a flourishing civil state may stand and be best maintained with the full liberty in religious concernments: We, therefore, declare that no man shall be compelled to frequent or to support any religious worship, place, or ministry whatever, except in fulfillment of his own voluntary contract; nor enforced, restrained, molested, or burdened in his body or goods; nor disqualified from holding any office; nor otherwise suffer on account of his religious belief; and that every man shall be free to worship God according to the dictates of his own conscience, and to profess and by argument to maintain his opinion in matters of religion; and that the same shall in no wise diminish, enlarge, or effect his civil capacity.

South Carolina
We, the people of the State of South Carolina, in Convention assembled, grateful to God for our liberties...
Sec. 2. The General Assembly shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press; or the right of the people to peaceably to assemble and petition the government or any department thereof for a redress of grievances.

South Dakota
We, the people of South Dakota, grateful to Almighty God for our civil and religious liberties...
Sec. 3. The right to worship God according to the dictates of conscience shall never be infringed. No person shall be denied any civil or political right, privilege or position on account of his religious opinions; but the liberty of conscience hereby secured shall not be so construed as to excuse licentiousness, the invasion of the rights of others, or justify practices inconsistent with the peace and safety of the state.
No person shall be compelled to attend or support any ministry or place of worship against his consent nor shall any preference be given by law to any religious establishment or mode of worship. No money or property of the state shall be given or appropriated for the benefit of any sectarian or religious society or institution.

Tennessee
Sec. 3. That all men have a natural and indefeasible** right to worship Almighty God according to the dictates of their own conscience; that no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any minister against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference shall ever be given, by law to any religious establishment or mode of worship.
Sec. 4. That no political or religious test, other than an oath to support the Constitution of the United States and of this State, shall ever be required as a qualification to any office or public trust under this state.

Texas
Humbly invoking the blessings of Almighty God...
Sec. 4. No religious test shall ever be required as a qualification to any office or public trust in this State; Nor shall anyone be excluded from holding office on account of his religious sentiments, provided he acknowledges the existence of a Supreme Being.
Sec. 5. No person shall be disqualified to give evidence in any of the courts of this state on account of his religious opinions, or for want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.
Sec. 6. All men have a natural and indefeasible** right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place or worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.
Sec. 7. No money shall be appropriated or drawn from the treasury for the benefit of any sect, or religious society, theological or religious seminary, nor shall property belonging to the State be appropriated for any such purposes.

Utah
Grateful to Almighty God for life and liberty...
Sec. 4. The rights of conscience shall never be infringed. The State shall make no law respecting an establishment of religion or prohibiting the free exercise thereof; no religious test shall be required as a qualification for any office of public trust or for any vote at any election; nor shall any person be incompetent as a witness or juror on account of religious belief or the absence thereof. There shall be no union of Church and State, nor shall any church dominate the State or interfere with its functions. No public money or property shall be apportioned for or applied to any religious worship, exercise or instruction, or for the support of any ecclesiastical establishment. No property qualification shall be required of any person to vote, or hold office, except as provided in this Constitution.

Vermont
Art. 3rd. That all men have a natural and unalienable right, to worship Almighty God, according to the dictates of their own consciences and understandings, as in their opinion shall be regulated by the word of God: and that no man ought to, or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any minister, contrary to the dictates of his conscience, nor can any man be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments, or peculiar mode of religious worship; and that no authority can, or ought to be vested in, or assumed by, any power whatever, that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worship. Nevertheless, every sect or denomination of Christians ought to observe the Sabbath or Lord's day, and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God.

Virginia
Sec. 16. Free exercise of religion; no establishment of religion.
That religion or the duty which we owe to our Creator, and the manner of discharging it, can be directed only by reason and conviction, not by force or violence; and, therefore, all men are equally entitled to the free exercise of religion, according to the dictates of conscience; and that it is the mutual duty of all to practice Christian forbearance, love, and charity towards each other. No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened*** in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but all men shall be free to profess and by argument to maintain their opinions in matters of religion, and the same shall in nowise diminish, enlarge, or affect their civil capacities. And the General Assembly shall not prescribe any religious test whatever, or confer any peculiar privileges or advantages on any sect or denomination, or pass any law requiring or authorizing any religious society, or the people of any district within this Commonwealth, to levy on themselves or others, any tax for the erection or repair of any house of public worship, or for the support of any church or ministry; but it shall be left free to every person to select his religious instructor, and to make for his support such private contract as he shall please.

Washington
We, the people of the State of Washington, grateful to the Supreme Ruler of the Universe for our liberties...
Sec. 11. Absolute freedom of conscience in all matters of religious sentiment, belief and worship, shall be guaranteed to every individual, and no one shall be molested or disturbed in person or property on account of religion; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment: Provided, however, That this article shall not be so construed as to forbid the employment by the state of a chaplain for such of the state custodial, correctional and mental institutions as in the discretion of the Legislature may seem justified. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror, in consequence of his opinion on matters of religion, nor be questioned in any court of justice touching his religious belief to affect the weight of his testimony.

West Virginia
Since through Divine Providence we enjoy the blessings of civil, political and religious liberty, we, the people of West Virginia, in and through the provisions of this Constitution, reaffirm our faith in and constant reliance upon God and seek diligently to promote, preserve and perpetuate good government in the state of West Virginia for the common welfare, freedom and security of ourselves and our posterity.
Sec. 11. .... No religious or Political test oath shall be required as a prerequisite or qualification to vote, serve as a juror, sue, plead, appeal, or pursue any profession or employment...
Sec. 15. No man shall be compelled to frequent or support any religious worship, place or ministry whatsoever; nor shall any man be enforced, restrained, molested or burthened***, in his body or goods, or otherwise suffer, on account of his religious opinions or belief, but all men shall be free to profess, and by argument, to maintain their opinions in matters of religion; and the same shall, in no wise, affect, diminish or enlarge their civil capacities; and the Legislature shall not prescribe any religious test whatever, or confer any peculiar privileges or advantages on any sect or denomination, or pass any law requiring or authorizing any religious society, or the people of any district within this State, to levy on themselves, or others, any tax for the erection or repair of any house for public worship, or for the support of any church or ministry, but it shall be left free for every person to select his religious instructor, and to make for his support, such private contract as he shall please.

Wisconsin
We, the people of Wisconsin, grateful to Almighty God for our freedom...
Sec. 18. The right of every man to worship Almighty God according to the dictates of his own conscience shall never be infringed; nor shall any man be compelled to attend, erect or support any place of worship, or to maintain any ministry, against his consent; nor shall any control of, or interference with, the rights of conscience be permitted, or any preference be given by law to any religious establishments or modes of worship; nor shall any money be drawn from the treasury for the benefit of religious societies, or religious or theological seminaries.

Wyoming
We, the people of the State of Wyoming, grateful to God for our civil, political and religious liberties...
Sec. 18. The free exercise and enjoyment of religious profession and worship without discrimination or preference shall be forever guaranteed in this state, and no person shall be rendered incompetent to hold any office of trust or profit, or to serve as a witness or juror, because of his opinion on any matter of religious belief whatsoever; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace and safety of the state.
Sec. 19. No money of the state shall ever be given or appropriated to any sectarian or religious society or institution.

* While they are explaining that, they should also explain why state constitutions prohibit treason. Treason is only a crime against the United States and is enforced by federal authority. You cannot commit treason against a state. And why is the treason clause put in the bill of rights in most states? Are they saying our creator has endowed us with an inalienable right to be executed for treason? That's just creepy.

** Indefeasible is roughly a synonym for inalienable.

*** Burthen is an obsolete variant spelling of burden. I had to look it up. Now that I think about it, "The Burthening" sounds like a horror movie.

Beck fails history

Glenn Beck, 30 June 2009.

How can the world not be laughing at us? We have all these resources. Why did we buy Alaska in the 1950s? We bought Alaska for the resources. And now we say no!

I don't even know where to start. He makes Sarah Palin look like a mental giant.

Voting rights

A Mark (I'm not sure which one) pointed out in the comments to my post on mental health and voting rights, that Georgia has limitations that are not mentioned in their constitution. I should have pointed out that I only looked at constitutions. I'm sure trawling through the law codes would find lots of other restrictions and interesting trivia. But a project that time-consuming would be more suitable to dissertation or book than to a couple of blog posts. Then again, it's in the nature of blogging that someone obsessive enough could produce an entire blog or carnival dedicated exclusively looking at constitutions. It would certainly produce some interesting discussions. They might already exist, for all I know. As for me, I'm going to do one more post on the subject of state constitutions and then lay off for a while. That's not to say I might not be lured back someday.

Insane voter update

Prompted by my old friend Geoff Hoff, I checked out current state constitutions for mental health and IQ restrictions. Finding the voter qualifications wasn't as easy as it sounds. In some cases, even finding the constitution was a challenge because the state website was such a mess. In some, the problem was finding the right section in the constitution once I managed to find it the constitution. There were two main reasons for that. First, was that many constitutions are not indexed; I had to start at the beginning and skim through it until I found the right section (word search wasn't much help because different names are used for voters in different states). Second, the location of the voter qualifications section could be anywhere in the constitution. In a surprising few, it is located in the bill of rights, where I would have put it (shouldn't voting be a basic right in any polity that calls itself a democracy?). In most, there is a seperate section on elections. Vermont has no voter qualifications section that I could find. Oklahoma leaves it to the legislature to decide. Alabama rather famously has the longest constitution of any state (almost a thousand sections and amendments often dealing with the most trivial local government issues).

What I found was that eight states still use the "idiots or insane" language. They are Alabama, Arkansas, Delaware, Iowa, Kentucky, Mississippi, New Mexico, and Ohio. Most of the other states have adopted more genteel language (non compos mentis and mentally incompetent are the most common). About a quarter of the constitutions hint at some kind of process for determining when someone's mental condition disqualifies them from voting (usually it runs along the lines of "judicially declared mentally incompetent"). For the most part, all that has changed is the language; the attitudes remain the same and exhibits a simplistic us and them treatment of complex mental health issues. They divide the population into a majority of sane, normal people and a scary minority of abnormal people who are idiots or insane.

Anyone familiar with mental health issues will see that there is still quite a bit of arbitrariness in the system. Although things have improved since 1902, we have a long way to go before we have a system that is nuanced enough to be fair to the whole spectrum of mental ability and health.

Wall to wall coverage

Is the press paying too much attention to the death of Michael Jackson? Stay tuned for part three of our exclusive five part series on the coverage of the death of Michael Jackson. But first, "Michael Jackson: the Making of His Cover of 'Rockin' Robin.'"

Obama made him do it

For a fat, older guy, Rush Limbaugh certainly shows an amazing amount of flexibility in the way he manages to twist himself into logical contortions in his single minded quest to blame everything on President Obama and the left in general. Yesterday, he managed to blame Mark Sanford's extramarital, extranational affair on Obama. No, really he did.

This is almost like, "I don't give a damn, the country's going to Hell in a handbasket, I just want out of here," He had just tried to fight the stimulus money coming to South Carolina. He didn't want any part of it; he lost the battle. He said, "What the hell. I mean, the federal government's taking over--what the hell, I want to enjoy life."

In case you're tempted to give him the benefit of the doubt, Limbaugh later clarified his position.

A listener apparently sent Limbaugh an email during the program, asking if he was kidding about the White House's economic policies being responsible for Sanford's affair. "No!" he said, adding that the governor may have realized, "The Democrats are destroying the country; we can't do anything to stop it."

It's amazing how the party of personal responsibility always manages to claim it's failings are someone else's fault. Limbaugh gets points for stupid above and beyond the call of duty on this one by blaming Obama's economic policies for an affair that began before he had even been nominated for the office that allows him to set economic policy.

Looks like Rush fell off the wagon again.

On being prevented from voting

The right to vote is not stated in a clear, singular way in the US Constitution. Rather, it's scattered piecemeal throughout the main body and amendments leaving the courts to interpret just how the hell it's supposed to function. Originally, the Constitution only dealt with voting as it related to elections of the President, Vice President, and members of both houses of Congress. The states were allowed to set their own rights, requirements, and restrictions for voting. At first, the right to vote varied wildly from state to state. In some cases, this led to progressive experimentation, as when various states gave women the right to vote in local elections. In other cases, the result was far more regressive. Cases of the states restricting the right to vote were most obvious during the period between the Revolution and the Civil War. In the early days, most states limited the right to vote to white, male, (mostly wealthy) property owners. Since the Civil War, the states' definitions of the right to vote in local election have come more into line with the right to vote in national elections and with the rights in other states. But there are still exceptions.

About the only time that you hear about states restricting the right to vote these days is in the case of imprisoned and released felons. A few states never remove the right to vote; convicted felons are allowed to cast their votes in prison. Most states revoke the right to vote for felons during their time of incarceration. The biggest variety in state laws is in how they treat released felons. Some immediately restore the right to vote as soon as felons are released from captivity. Others restore the right only when all of the terms of their sentence (such as parole or probation) have been fulfilled. Quite a few never restore the right to vote. This issue comes up every election cycle and is used by the Republicans as a partisan cudgel to bash Democrats. Their argument is that Democrats are pro-crime, love criminals more that victims, and hope to bad the election roles with evil people who will, of course, vote for the pro-crime party.

Lost in all of this noise are several other groups of people who do not have the right to vote. Browsing through one of my old atlases the other day, I came across this table in Cram's Atlas of the World 1902 edition showing who could and could not vote in each state. It's interesting to see where things stood approximately half way between the ratification of the Constitution and the present. For each of the forty five* states the chart give the "Requirements as to Citizenship" in that state and the "Persons Excluded from Suffrage."

Alabama
Citizenship Citizen of the United States or alien who has declared intention.
Excluded Convicted of treason or other crime punishable by imprisonment, idiots or insane.

Arkansas
Citizenship: Citizen or alien who has declared intention.
Excluded: Idiots, insane, convicted of felony until pardoned, failure to pay poll tax, United States soldiers on duty in state.

California
Citizenship: Citizen by nativity, naturalization, or Treaty of Queratero.
Excluded: Chines, insane, embezzlers of public moneys, convicted of infamous crime, person unable to read the Constitution in English and to write his name.

Colorado
Citizenship: Citizen or alien, male or female, who has declared intention 4 months prior to election.
Excluded: Under guardianship, insane, idiots, or imprisoned. Person unable to read the Constitution or statutes.

Connecticut
Citizenship: Citizen of the United States.
Excluded: Convicted of felony or theft unless pardoned. Person unable to read the Constitution or statutes.

Delaware
Citizenship: Citizen who has paid registration fee of one dollar.
Excluded: Idiots, insane, paupers, felons. Person who cannot read the English language and write his name.

Florida
Citizenship: Citizen of the United States
Excluded: Insane, under guardianship, convicted of a felony or any infamous crime.

Georgia
Citizenship: Citizen of the United States who has paid all his taxes since 1877.
Excluded: Idiots, insane, convicted of any crime punishable by imprisonment until pardoned, failure to pay taxes.

Idaho
Citizenship: Citizen of the United States, male or female.
Excluded: Under guardianship, idiots, insane, convicted of a felony, treason, or embezzlement of public funds, polygamists, or bigamists.

Illinois
Citizenship: Citizen of the United States.
Excluded: Convicted of felony.

Indiana
Citizenship: Citizen of the United States or alien who has declared intention and resided 1 year in United States and 6 months in state.
Excluded: Convicted of crime and disenfranchised by decision of the court. United Stated soldiers, sailors, and marines.

Iowa
Citizenship: Citizen of the United States.
Excluded: Idiots, insane, or convicted of infamous crime.

Kansas
Citizenship: Citizen of the United States or alien who has declared intention or treaty with Mexico.
Excluded: Felons, insane, duelists, rebels not restored to citizenship, under guardianship, embezzlers, offering or accepting a bribe.

Kentucky
Citizenship: Citizen of the United States.
Excluded: Treason, felony, or bribery at election.

Louisiana
Citizenship: Citizen of the United States or alien who has declared his intention.
Excluded: Idiots, insane, convicted of treason, embezzlement of public funds, all crime punishable by imprisonment in penitentiary, persons not able to read and write, and not owning property in the state assessed at $300, and not the son or grandson of a citizen of the United States prior to January 1, 1867, person who has not paid the poll tax.

Maine
Citizenship: Citizen of the United States.
Excluded: Paupers, persons under guardianship, Indians not taxed, and in 1893 all new voters who cannot read the Constitution or write their own names in English.

Maryland
Citizenship: Citizen of the United States.
Excluded: Convicted of larceny or other infamous crime, unless pardoned, persons convicted of bribery. Illiterates as defined.

Massachusetts
Citizenship: Citizen of the United States.
Excluded: Paupers and persons under guardianship, person who cannot read the Constitution in English or white his own name.

Michigan
Citizenship: Citizen or inhabitant who has declared intention under United States laws 6 months before election and lived in state 2 1/2 years.
Excluded: Indians, duelists, and accessories.

Minnesota
Citizenship: Citizen of the United States or alien who has declared intention and civilized Indians.
Excluded: Convicted of treason or felony, unless pardoned, under guardianship or insane.

Mississippi
Citizenship: Citizen of the United States.
Excluded: Insane, idiots, Indians not taxed, felons, persons who have not paid taxes, persons who cannot read or understand the Constitution.

Missouri
Citizenship: Citizen of the United States or alien who has declared intention, not less than 1 year or more than 5 before offering to vote.
Excluded: United States soldiers and marines, paupers, criminals convicted once until pardoned, felons and violators of suffrage laws convicted a second time.

Montana
Citizenship: Citizen of the United States.
Excluded: Felons unless pardoned, idiots, insane, United States soldiers, seamen, and marines, and Indians.

Nebraska
Citizenship: Citizen of the United States or alien who has declared intention.
Excluded: Convicts.

Nevada
Citizenship: Citizen of the United States.
Excluded: Idiots, insane, unpardoned convicts, Indians, Chinese.

New Hampshire
Citizenship: Citizen of the United States.
Excluded: Paupers (except honorably discharged United States soldiers and sailors), persons excused from paying taxes at their own request.

New Jersey
Citizenship: Citizen of the United States or alien who has declared intention 30 days prior to election.
Excluded: Idiots, insane, paupers, persons convicted of crimes (unless pardoned) which exclude them from being witnesses.

New York
Citizenship: Citizen who shall have been a citizen for 90 days.
Excluded: Convicted of bribery or any infamous crimes, Indians under tribal relations.

North Carolina
Citizenship: Citizen of the United States
Excluded: Convicted of felony or other infamous crimes, idiots, lunatics, persons unable to read or write, unless lineal descendant of citizen of the United States prior to Jan. 1, 1867, nonpayment of poll tax.

North Dakota
Citizenship: Citizen of the United States or alien who has declared intention 1 year, and civilized Indians.
Excluded: Under guardianship, persons non compos mentis, or convicted of felony and treason, unless restored to civil rights.

Ohio
Citizenship: Citizen of the United States.
Excluded: Felony unless pardoned, idiots, insane, United States soldiers and sailors.

Oregon
Citizenship: Citizen of the United States or alien who has declared intention one year preceding election.
Excluded: Idiots, insane, convicted of a felony, United States soldiers and sailors, Chinese.

Pennsylvania
Citizenship: Citizen of the United States at least one month, an if 22 years old or more, must have paid tax within 2 years.
Excluded: Convicted of some offense whereby right of suffrage is forfeited, non-taxpayers.

Rhode Island
Citizenship: Citizen of the United States.
Excluded: Paupers, lunatics, persons non compos mentis, convicted of bribery or infamous crime until restored to right to vote, under guardianship.

South Carolina
Citizenship: Citizen of the United States.
Excluded: Convicted of treason, murder or other infamous crime, dueling, paupers, insane, idiots, person who has not paid poll tax, who cannot read or write any section of the State constitution, or can show that he has paid all taxes on property within the State assessed at $300.

South Dakota
Citizenship: Citizen of the United States or alien who has declared intention.
Excluded: Under guardianship, idiots, insane, convicted of treason or felony, unless pardoned.

Tennessee
Citizenship: Citizen of the United States who has paid poll tax of preceding year.
Excluded: Convicted of bribery or other infamous offense.

Texas
Citizenship: Citizen of the United States or alien who has declared intention.
Excluded: Idiots, lunatics, paupers, convicted of felony, United States soldiers and sailors.

Utah
Citizenship: Citizen, male and female.
Excluded: Idiots, insane, convicted of treason or violation of election laws.

Vermont
Citizenship: Citizen of the United States.
Excluded: Those who have not obtained the approbation of the board of civil authority of the town in which they reside.

Virginia
Citizenship: Citizen of the United States, able to understand and explain the State Constitution. Confederate soldiers and their sons exempt from education requirement.
Excluded: Idiots, lunatics, convicted of bribery at election, embezzlement of public funds, treason, felony, petty larceny, duelists and abettors, unless pardoned by the legislature.

Washington
Citizenship: Citizen of the United States.
Excluded: Indians not taxed, idiots, insane, persons convicted of infamous crimes.

West Virginia
Citizenship: Citizen of the State.
Excluded: Paupers, idiots, lunatics, convicted of treason, felony or bribery at elections.

Wisconsin
Citizenship: Citizen of the United States or alien who has declared intention.
Excluded: Insane, under guardianship, convicted of treason or felony, unless pardoned, Indians having tribal relations.

Wyoming
Citizenship: Citizen of the United States, male and female.
Excluded: Idiots, insane, persons convicted of infamous crimes unless restored to civil rights, unable to read State constitution.

A number of details about the social attitudes of the time stand out. On the rights side of the ledger, the most interesting revelation for most will be how many states allowed resident aliens to vote. That's one aspect of the good old days that would probably make Pat Buchanan's head explode. The presence of duelists on the list of those denied the franchise is probably a relic of the early nineteenth century. As a practice, dueling died out before the Civil War. The emphasis on treason is odd. In the entire history of the United States there have only been about forty treason trials. Although some of the leading politicians of the Confederacy were arrested, none stood trial for treason. The repeated presence of embezzlement and bribery as offenses that could lose one the right to vote probably reflect the culture of the robber baron era, or Gilded Age as Henry James dubbed it. I'm not sure if the laws addressed an actual need or just a perception in each of those states. The presence of polygamy and bigamy among the exceptions in Idaho was aimed at the larger Mormon minority there.

The first time I saw this table, it was the harsh repetition of the terms "idiot," "insane," and "under guardianship" that struck me. Two of the three terms had some measurable meaning in 1902. An insane person was someone institutionalized (though as I'll point out in a minute, even that distinction had it's problems). A person under guardianship, that is whose rights had been transferred to someone else; this also appears fairly clear. The problem with these two terms comes out of the social order of 1902 America. The people who were most likely to be institutionalized or put under the guardianship of another were not just the helpless and incapacitated, but the socially powerless as well, especially women. In many states it was possible for men to commit unhappy wives or difficult children for no reason other than that they were inconvenient. Many states committed "immoral" women (i.e. poor women on their own who got pregnant out of wedlock). These laws and attitudes opened the door for the eugenics laws of the next half century.

"Idiot" is the obviously difficult term. Leaving aside the un-PC-ness of the term, the biggest problem with the concept then and now is that it involves a subjective judgment, as later courts have recognized, but not remedied. In 1902, they didn't even have the fig leaf of flawed IQ tests to fall back on (Alfred Binet's scale, which has been the basis of all testing since, wasn't published until 1908). Someone, usually a low level functionary such as a county clerk or polling place worker, had the power to say "this person should not because I think they're not smart enough to." Despite the crassness and muddiness of the term "idiot," it is still in several states' constitutions and law codes. In 2007, New Jersey removed that language from its constitution (leading to all of the obvious jokes). News reports at that time listed at least six other states with the same language still on the books.

Rehabilitating "idiots" and the "insane" brings out conflicts that break along the familiar fault lines of contemporary politics. For every mental health advocate who wants to get rid of these overly broad categories and empower as many people as possible, there is a counterpart who wants to more rigidly enforce laws that will keep the "wrong" people from voting.

The elements of Jim Crow are pretty easy to see if you're looking for it. Poll taxes, grandfathering, literacy tests, property requirements, and other tools designed to keep African-American men from voting had become formalized along with legal segregation in the last years of the nineteenth century. What many might find surprising is that these laws were not restricted to the South. California and most of the states of New England used literacy tests to keep power in the hands of the old white elite.

What isn't mentioned often enough in discussions of Jim Crow laws is that, as far as voting was concerned, the laws weren't aimed only at African-Americans. Many of these tools were turned against other minorities, immigrants, and lower class whites just as easily as they were used against African-Americans. When subtlety didn't work (if those tricks could really be called subtle), some states turned to outright banning of entire nationalities. California, Nevada, and Oregon (and, by extension, Alaska) all denied the right to vote to Chinese immigrants and usually prevented them from becoming citizens no matter how long they lived here. Several states made a point of denying Indians the right to vote, but, for the most part, writing it down was a mere formality. As a group, Native Americans did not gain citizenship until 1924.

One group denied the vote that will appear puzzling to most will be soldiers, sailors, and marines. Except right after a victorious campaign, men in the military were generally held in low regard. They were viewed as rowdy, dangerous men and an imposition on most towns near bases. It was common practice for towns to try to keep military men on base and away from their daughters. Even bars sometimes banned the military. The relationship was similar to the town vs. gown conflicts around universities with the added dimension of rank and file military men being lower class. But that's what's being reflected here. The justification for denying military men the vote was the perception that they were resident aliens, that the bases weren't really part of the state, and that the inhabitants of military bases had no vested interests in the communities they were stationed near. On a more abstract level, for most of our history, a standing army has been an uncomfortable institution in the US. At the time of the revolution, a standing army was seen as a tool of royal repression. Some founding fathers argued against having an army, preferring to have citizen militias as the only defense force. With the example of a seemingly endless succession of military coups in our southern neighbors, later Americans became wary of the military becoming a class or interest group in politics. To counter that danger, many in the military thought it best to stay scrupulously aloof from politics. The best way to do that, they reasoned, was not to vote. Even today, you can find older officers who have never voted because they were taught that it was improper for them to do so.

As I said, the list is a snapshot of America halfway between the ratification of the Constitution and today. From day one, there has been a tension and conflict between the progressive urge for equality that aims to spread right to as many people as possible and the conservative for correctness that aims to reserve rights only to the deserving. It's a conflict that shows no sign of ever going away.

I brought all of this up for no particular reason except that I've been thinking about voting and constitutions lately.

* Oklahoma did not become a state until 1907, through the amalgamation of two territories (Oklahoma and the Indian Territory). The Arizona and New Mexico territories became states in 1912. In 1902, Alaska wasn't even a territory and used Oregon law since it had no legislature to make laws. It became a state in 1959. Hawaii, only recently annexed when the atlas came out, became a territory in 1901 and a state in 1959.

A compassionate conservative on healthcare

On a call-in show yesterday, Republican former congressman Tom Davis was called out on his party's callous attitude toward the uninsured.

DOROTHY: Yes, good morning. I’d like to talk about health care. I’m in a predicament right now. I have diabetes, I’ve been shopping around, I’d like to retire at 62 and I’m having a difficult time. All — most insurance companies, they reject me for having diabetes. They don’t even want to accept me. Is that, is that possible they could get away with that?

[...]

I work in retail and I’ve been in contact with, you know, customers and I speak to them about it on this side. I hear their comments about health care and no one is satisfied.

DAVIS: Well, Dorothy, let me, let me say a couple things. First of all, you know, I understand the dilemma you’re in. ... If you can find a job with a major employer, they’re not going to be able to reject you under those cases. I don’t think you’ll find, probably be able to find some health insurance but if its with a small business or you’re going out on your own, it’s difficult at this point. There may be a government plan or private plans that are mandated coming out of this that are maybe able to help you. ... I don’t know any reason why you shouldn’t be able to find something out there, but you want to look for an employer that has a health care plan. Good luck.

[...]

UNNAMED CALLER: [O]ne of the things that I noticed this morning was Tom’s reaction to the woman who called looking for the job with health care and his final statement was “good luck,” which I think encapsulates the entire Republican party’s attitude towards any problems that are facing the American people today. ...

DAVIS: ... I think we all feel for people that are in those kinds of positions. But it’s very difficult. When you start having the government take care of everybody with a problem, as I said you’re doing it with borrowed money, what you want to see is — these are not simple solutions. It is progressive to continue to borrow money, to spend to take care of people’s problems. This tends to be a pretty inefficient way of doing things,... I don’t think “good luck” was like a kiss off. I would generally say good luck to you as you try to move through this problem. But I don’t know that she can count on Washington to solve it for her. She will be eligible for Medicare in 3 years. And at that point, you can probably get some relief on some of the issues she’s looking for.

Matt Corley at Think Progress does a good job of guiding us through Davis' contortions. First, he tells Dorothy that she's not going to get insurance unless she can get a job with a large company. That assumes that there is such a company in her area and that it hires her. As a service employee nearing retirement age there's no guarantee that she will find such a job. If she does, it will likely be a big box store and the Walmarts of the world have a terrible record of providing for their employees. Next, he says the healthcare bill might produce something that meets her needs (without mentioning that his party, aided by conservative Democrats, is doing everything it can to make sure the bill does not provide an alternative to the insurance companies that are the source of her problem). With the second caller, he says that we shouldn't create a government alternative because it might be expensive and that it's inefficient in any case. He produces his most painful twist at the end: "I don’t know that she can count on Washington to solve it for her. She will be eligible for Medicare in 3 years." That is to say, she shouldn't count on the government to produce any insurance to help her before she's old enough for government insurance. The message of the GOP is: "You're screwed. We feel sorry for you, but we're opposed to helping you. Good luck."

Let's give Davis the benefit of the doubt and assume that his "good luck" really was a sincere wish that things turn out well for Dorothy. So what? Even if things turn out well for Dorothy and for millions of other Dorothys, it's just as likely--maybe more so--that they won't turn out well. Right now, health insurance for tens of millions of Dorothys is a crapshoot. Maybe they'll have some, maybe they won't. It depends on who they're working for. Most people are not in a position to pick and choose who they work for. Unless they are at the very top of the food chain--one of the elite that Republicans pretend to disdain--one employee does not have the leverage to negotiate for better insurance with their employer. Many employees could join together to increase their bargaining power, but that's collective bargaining and Republicans are opposed to that. It doesn't matter whether Davis meant his "good luck" callously or not, the position of his party, the position he was on the air to defend, is callous.

I'm not the first to say it and I won't be the last, but I'll say it anyway. Those members of congress--Republicans and renegade Democrats--who don't think the government should be in the the business of providing health insurance should live up to their principles and opt out of the congressional insurance program. Let them look for insurance on their own. I'm sure some staffer (paid by us) will do the actual looking and some insurance company lobbying against the coming bill will give them a sweetheart deal. If the interruption of service and small inconvenience register, it will be worth it. And symbols matter. Make them put their money where their mouths are. Ask them at every opportunity whether they are still using government health insurance. Those who are should be held up to ridicule and contempt.

Our toes need names

All the digits on our hands have names: thumb, fore (or pointer), middle, ring, and pinky (or little). On our feet, only two have names, the big and little. The closest thing we have for a system that covers the other three is: market, home, roast beef, none, and wee wee wee. Any suggestions?

Too easy

David Neiwert (who is finally getting some of the media attention he deserves) asks:

Is there anyone more congenitally dishonest than Jonah Goldberg working in the right-wing media? Deeply, appallingly dishonest?

No.

This has been another edition of Simple Answers To Simple Questions.*

* "Simple Answers To Simple Questions" concept created by Duncan Black.

Unclear on the concept

The House Republicans just released their alternate energy plan. It's heavily slanted toward nuclear power, offshore and Arctic oil exploration, and alternative fuels. None of that is particularly new. The generous response would be to say that, although we might not agree with their plan, it's good to see that they have a plan and are participating in the debate. The cynical response would be to say that this is another bit of debate posturing like their work on the stimulus bill. That is, we can expect them to extract concessions from the Democrats, vote against the (to show the base how tough they are), and then to take credit for the bill they voted against. Count me among the cynics.

The elements of the plan that have so far elicited the greatest response from Left Blogistan are sections 502 and 503. These two sections amend the Clean Air Act and the Endangered Species Act to prohibit the agencies that enforce those acts from considering greenhouse gases or climate change in their decisions or from taking any action that might improve the situation. The Republicans have finally crossed a line from being sincere climate change skeptics or big business advocates into a childish realm of being for climate change just because liberals, environmentalists, and Democrats are against it. Maybe if told them we were against suicide they would put themselves out of our misery.

It's worth a comment or two that their emphasis on fossil fuels doesn't square very well with their newly acquired desire to see the American auto industry die. Let's end our dependency on foreign oil just in time to start a dependency on foreign motor vehicles. That's not quite right. Considering the start up time for new oil fields, we would go through a transition period of a decade or so while we were dependent on foreign sources for both our oil and our cars. That would certainly go a long ways toward ending our economic strength and global relevance. If we listen to the House Republicans we will finally achieve parity with the Russians. And, by pitching our economy into the crapper, we can end the problem of illegal immigration. Emigration is another matter.

The museum killer

A few more details are coming out about James von Brunn, the Holocaust Museum shooter. Not surprisingly, he's a white supremacist and Holocaust denier of a Christian civilization flavor. In 1981 he was caught trying to kidnap members of the Federal Reserve Board and served four years in prison. At the time he said he was trying to perform some kind of citizen's arrest of a group he considered treasonous. This sounds to me like he's a student of some of the legal theory that the militias often promote. Law enforcement officials are looking into time he spent in Idaho. I can't find any details on what they mean by that. My guess is that he was at the Aryan Nations compound. Identity religion, Antisemitism, standard racism, militia legal theories, and a whole host of other conspiracy theories mixed together with a healthy urge toward violence in that part of the country in the eighties.

I recommend reading everything David Neiwert has to say about this over the next few days (here or here). He is one of, if not the, leading authorities on the subject. His book In God's Country is required reading for anyone interested. Dave also has a new book out on hate radio that has been ignored by most of the news media. He should be on every talking head show. If he's not, I recommend we all start writing to the shows demanding he be on. Start with Maddow and Olbermann and work your way down the list. I will.

It's a good thing right wing extremism isn't a threat in this country.

What the hell?

All of the major news agencies are reporting a shooting at the US Holocaust museum in Washington, DC less than an hour ago. So far, the story appears to be that a eighty-nine year old man came in with a gun, shot a guard, and was then wounded by another guard. No names or motives have been released. Though it's creepy to speculate, I have to say that I hope the shooter is not a Muslim. The last thing we need is the talk-show bigots starting another round of genocidal crusader paranoia.

Update: CNN has identified the shooter as James Wenneker von Brunn, so I think we're safe from an Islamophobia outbreak. Of course, the Fox News and talk radio crowd will find some way to blame Obama and liberalism for the shooting, regardless of what really set von Brunn off.

Another update: According to Atrios, we have had our first sighting of someone explaining why this is Obama's fault.

Bisy bakson

My sisters are all coming down from from Alaska so we can deal with Mom's house and the estate paperwork. I'm not looking forward to this. Mammoth blogging will resume next week with the rest of the Teutobochus story. I might even find something non-mammothy to write about.

and piously they said a grace*

well boss
as much as it pains me
to say it
it looks like cheney
and his goons
on the far side of the aisle
may have had
the right dope after all
obama was elected
and the terrorists
have attacked

looking over the news this morning
i see that someone walked
into a church on sunday
as people often do
and shot a doctor
which people don t do
at least not in church
not yet
let s hope this doesn t
start a trend

the holy cows
of the religious right and
all their mindless acolytes
hated george tiller
with a burning hate
that shamed the novae
and supernovae
that light the skies
of distant worlds
in the milky way

of course
they never said hate
that s not
the christian way
with love in their hearts
and a song of
praise on their lips
they
called him tiller the killer
called him murderer
called him the mengele of our day
they said hands
were covered with blood
they said he belonged with mao
and hitler
and stalin
they said he must be stopped
they said he must be brought to
ironic quote justice ironic unquote

then they
bombed his clinic
laid siege to his clinic
shot him once
sent their jesse and his camera
to chase his lawyer
and another camera
to chase him
and call him more names
investigated him
prosecuted him
they discovered
a series of pipes
that they could use
to put his face on wanted posters
and tell their friends
how to find his home
to watch him
and call him still more
scary names

they cried
who will rid us of this troublesome doctor
and someone killed him
in a church
who could have
predicted such a thing

then
they said
we are shocked
shocked we tell you
to find that
anyone would listen to us
and act on our words
we hate violence and
hope no one will
think we are to blame
we have only
love in our hearts
and a song of
praise on our lips
we are as pure as
the driven snow
no terrorists we

with wide eyed innocence
they asked the whirring
cameras of the fourth estate
if other doctors
feel a terror
that other assassins
might be inspired
to do the same
and flee their clinics
and their patients
how can that be
our fault
we are secure
they said
in the knowledge
that terror never comes
from the right and
the church going
assassins are always
other people

and piously they said a grace

* or archy revised by john

aesop revised by archy

a wolf met a spring
lamb drinking
at a stream
and said to her
you are the lamb
that muddied this stream
all last year
so that i could not get
a clean fresh drink
i am resolved that
this outrage
shall not be enacted again
this season i am going
to kill you
just a minute said the lamb
i was not born last
year so it could not
have been i
the wolf then pulled
a number of other
arguments as to why the lamb
should die
but in each case the lamb
pretty innocent that she was
easily proved
herself guiltless
well well said the wolf
enough of that argument
you are right and i am wrong
but i am going to eat
you anyhow
because i am hungry
stop exclamation point
cried a human voice
and a man came over
the slope of the ravine
vile lupine marauder
you shall not kill that
beautiful and innocent
lamb for i shall save her
exit the wolf
left upper exit
snarling
poor little lamb
continued our human hero
sweet tender little thing
it is well that i appeared
just when i did
it makes my blood boil
to think of the fright
to which you have been
subjected in another
moment i would have been
too late come home with me
and the lamb frolicked
about her new found friend
gambolling as to the sound
of a wordsworthian tabor
and leaping for joy
as if propelled by a stanza
from william blake
these vile and bloody wolves
went on our hero
in honest indignation
they must be cleared out
of the country
the meads must be made safe
for sheepocracy
and so jollying her along
with the usual human hokum
he led her to his home
and the son of a gun
did not even blush when
they passed the mint bed
gently he cut her throat
all the while inveigling
against the inhuman wolf
and tenderly he cooked her
and lovingly he sauced her
and meltingly he ate her
and piously he said a grace
thanking his gods
for their bountiful gifts to him
and after dinner
he sat with his pipe
before the fire meditating
on the brutality of wolves
and the injustice of
the universe
which allows them to harry
poor innocent lambs
and wondering if he
had not better
write to the paper
for as he said
for god s sake can t
something be done about
it