Torcaso v. Watkins
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Syllabus
The syllabus is prepared by the Reporter of Decisions and is not part of the opinion of the Court. It is shown as printed in the United States Reports, read from the text layer of the Library of Congress scan (optical character recognition in older volumes, not yet checked word by word against the page).
Appellant was appointed by the Governor of Maryland to the office of Notary Public; but he was denied a commission because he would not declare his belief in God, as required by the Maryland Constitution. Claiming that this requirement violated his rights under the First and Fourteenth Amendments, he sued in a state court to compel issuance of his commission; but relief was denied. The State Court of Appeals affirmed, holding that the state constitutional provision is self-executing without need for implementing legislation and requires declaration of a belief in God as a qualification for office. Held: This Maryland test for public office cannot be enforced against appellant, because it unconstitutionally invades his freedom of belief and religion guaranteed by the First Amendment and protected by the Fourteenth Amendment from infringement by the States. Pp. 489-496.
Printed on p. 488 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
223 Md. 49, 162 A. 2d 438, reversed.
Printed on p. 488 of the United States Reports, read from the text layer of the Library of Congress scan. View the page image
Provisions
The Constitution Annotated's essays on these provisions cite this case.
- Amendment Isuggested link
Source: Constitution of the United States of America: Analysis and Interpretation (2022 ed.), essays Amdt1.2.2, Amdt1.2.2.1, Amdt1.2.2.8, Amdt1.3.3, Amdt1.3.5.2, Amdt1.3.5.3, Amdt1.3.7.2, Amdt1.3.7.3, Amdt1.4.1, Amdt1.4.2, Amdt1.7.12, Amdt1.7.12.1, pp. 1309, 1324, 1336, 1349, 1350, 1366, 1370, 1371, 1511.
Why it is here
The library's first set of cases is chosen by fixed rules from the Constitution Annotated (2022), which cites this case as “Torcaso v. Watkins, 367 U.S. 488 (1961)”:
- cited on 10 pages