Monday, June 23, 2025

Thoughts from All Over on Originalism

 

Sorry for not posting for a while. We’ve been busy with some basement remodeling after a drainpipe broke. And then my wife and I helped drive my sister to Wichita for her mission. She didn’t want to drive alone, and the Church didn’t want her to either, so we split the driving duties and kept her company. It was also a great excuse for us to visit our 49th and 50th states. We had been to all but Arkansas and Oklahoma, so now we have hit the big 5-0. Anyway, that’s my excuse, but we’re back now, and I thought this topic might interest some readers.

I’m no legal scholar, but I have always found the philosophy behind originalism to be quite suspect. I subscribe to the New York Times and read pieces from it virtually every day, but I rarely get into the comment section of the articles. Today, however, I finally got around to reading “The Supreme Court Is Divided in More Ways Than You’d Think,” by J. Joel Alecia, originalist law professor at the Catholic University, published on June 9, 2025, and I opened up the comments to see what readers had to say about originalism. I found it quite fascinating. Here’s a sampling of the 531 comments. (I’ve corrected a couple of words [in brackets] that you might trip over but have left the comments otherwise unedited, which took some self-restraint, believe me.) Enjoy.

 

Craig M Oliner

Merion Station, Pennsylvania June 10

What does originalism say about social media use by children?

 

Funes el Memorioso

Tlön, Uqbar, Orbis Tertius June 10

You l[o]st me at “originalists such as myself”. The Constitution was written before the Industrial Revolution, when Marie Antoinette still wore her head, and Beethoven was a pre-teen. The world has changed, dude. So should the Constitution.

 

Chris

CA June 10

This is a well written and scholarly view of originalism. I will now rebut your thesis from the cheap seats: Originalism is neither a philosophy nor a discipline as practiced by this court. It is a tool. A tool that is taken off the shelf when it can be used to support the Justices’ ideology and political worldview and utterly ignored when it does not support the answer that they want to arrive at. Barrett may keep some faith with originalist philosophy but the others just use it as window dressing when it is convenient. Sorry.

 

KeninDFW

DFW June 10

This originalism is ridiculous. In my 7th grade Civics class in the late 70s we learned the Constitution was purposely writ[t]e[n] in vague and unspecific language to allow justices “in the future” to interpret the document and apply it for “future” generations. Congress was tasked with writing specific language in their statutes to address current situations. Congress has the power to make, modify and repeal laws that are then signed by the President, hence we have the separation of powers. Unfortunately states have loaded up their state constitutions with outdated and obsolete laws like you have to tie your horse to the railing before going inside the saloon which remain and are never repealed. We need to strike originalism from our justices and stop insisting that machine guns are just fine and dandy.

 

Ken Winkes

Conway, WA June 10

Seeking answers to most contemporary problems and challenges in a document written 250 years ago makes no more sense that divining bird entrails , consulting runes or casting dice. No modern weaponry in the Founders’ day. No atomic energy. No computers. Heck, only an inkling of electricity, and oh, yeah, no unitary executive, and not even a White House. Who would claim their presidential immunity decision was originalist, tho it sure was original. Alito just makes stuff up. The conservatives, originalists or not, always decide in favor or corporationsno mention of them in the Constitutionover people. Republicans in the pocket of Big Business isn’t very original either.

 

Dave

Buffalo NY June 10

This writer claims that simply because this court is guided by some oddly concocted Constitutional Theory, they are immune from criticisms of being “lawless and political.” That’s like claiming that pseudo-Scientists working under assumptions based on The Flat Earth Theory are going to come to objectively sound conclusions.

 

Slate Hardon

Cincinnati June 10

Originalism as such is the most politically opportunistic methodology for judicial decision making, despite author’s assertion to the contrary. The Justices’ understanding of the original intent of Constitutional provisions always conforms to their contemporary ideological and political positions—and sometimes even to the interests of a particular office holder. No current judge could possibly know the “intent” of the drafters of Constitutional provisions when the drafters themselves could not agree at the time to a singular, uniform meaning of their words. After ratification, there were immediate disagreements over the meaning of the Constitution—and the drafters were still alive. Within decades of ratification, we fought a civil war over differing views of the meaning of the Constitution. It’s convenient now for our “orginalist” Justices that the original drafters are not around to dispute their interpretations. But fortunately a handful of 21st century right wing Justices uniquely know the precise intent of a squabbling bunch of 18th century politicos with different interests and constituencies desperately trying to reach a deal to keep the country from falling apart. Originalism is a scam.

 

FreewayAs

Georgia June 10

In my view doctrines of Constitutional interpretation are less relevant than ideological orientation. The conservative Justices in particular seem to work backwards from a decision they politically want to arrive at and mix and match doctrinal arguments and foundational texts to get there.

 

Peggy Hart

Silverton, Oregon June 10

Two things: *Originalism is not original The Founders came out of the British legal system which is based not on a written Constitution, but rather on precedent. *Originalists might remember that Slave Codes were part of the colonial and US legal systems at the time of the Constitution. Justice Taney, in the Dred Scott Decision, refers to these Slave Codes as “special laws” governing relations between white people and black people. Under these “special laws,” the slave master and patrollers suffered minimal or no legal consequences for violent abuses of black slaves. Violence was necessary to slavery. So was immunity from the law The 14th Amendment’s “equal protection” clause aimed to set down a foundation of one legal system instead of the “original” two. Professor Eric Foner, scholar of Reconstruction, argues that the Civil War Amendments to the Constitution constitute part of the original document. The originalist jurist must decide this: Is the 14th Amendment’s “equal protection” — no more slave laws, no more immunity from prosecution more, or less, original than colonial and extra-Constitutional Slave Codes from the 18th century? The Supreme Court has given prosecutorial immunity to the US President, without mentioning its historical precedent: the freedom of slave masters and patrollers to mistreat Taney’s “people of African descent”. This is a false freedom, because it only exists if the rights of others are extinguished and due process is ignored.

 

John Pace

Memphis June 10

I’m waiting to hear how “originalists” came up with the justification for giving the president immunity for official acts. This nonsense is not only not found in the Constitution it was deliberately NOT granted to the Executive in Article II it actually is contradicted by the Federalist Papers and the determined spirit to avoid enabling the president to acquire the power of a king. It has been clear for decades that originalism is a convenient excuse for taking any action desired in pursuit of a political agenda.

 

Maurie Beck

Encinitas June 9

What does Originalism remind you of? Creationism and Fundamentalist Christianity. Originalism is a return to the original constitution, just like Fundamentalist Christians want the country to return to the true Christianity, which is only reflected in the words of the Bible. Our law would revert to Biblical Law, which sanctions stoning to death for all sorts of behavior that is now considered normal an[d] not criminal. Unfortunately, a return to real Constitutional Originalism would dispense with all but the Ten Amendments. In other words, the 13th and 14th Amendments that outlawed slavery and gave Black people full citizenship should be overturned to deliver the country back to the vision of the Founding Fathers. Of course, a return to Biblical Law would also restore slavery as a god given right.

 

DAC

Canada June 9

Funny how originalists turned a blind eye to “a well regulated militia”, found that corporations are people, that money is equivalent to speech and that women can be forced to bear children. Originalism pretends to be principled but it is a malleable tool that is deployed to enshrine the power and privileges of wealth.

 

Carol

Petaluma, CA June 9

It occurs to me that the shapers of the Constitution would be rather horrified at this concept of ‘originalism.’ These men were bold for their time, envisioning governance by the people, and discarding the strictures of a monarchy. And yet, here we are 237 years post ratification and intellectually lazy, backwards thinkers on the Supreme Court cannot meet the challenges of the century we actually live in.

 

Welby Warner

St. Thomas, VI June 9

This theory of “originalism” is an invented one that can be applied any way the originalist desires, and here’s why. The declaration of independence stated as a presumption that all men are created equal to get the world on the side of the USA in its fight against the British. Having obtained worldwide approval for their cause, they wrote a constitution that violated the premise of the declaration of independence and classified certain persons as less than what the declaration said they were. Inevitably, the conflict between the original premise and the constitution had to surface, and this was corrected by the amendments to the constitution. The idea of originalism presumes that the writers of the constitution got it right the first time, and if this was correct, there would be no need for amendments. So, is the goal of originalists to take us back to the original constitution, and abandon the amendments? This view would erase the concept of progress, the idea that later generations can build on what was learned before, and break new grounds in knowledge and human development. Is the premise of originalism equivalent to the idea that progress is impossible? If originalists believed that, they should never be using computers since these were unknown at the time of the writing of the constitution.

 

Al Orin

NYC June 9

Originalism is such arrant nonsense, but it is a fiction that has served as a clever disguise for straight-out conservatism. It is impossible to know what each legislator of each of the 13 state legislatures were thinking when they voted to ratify the constitution, let alone the thinking of every legislator in each of the 37 states that later ratified the constitution. And it is impossible to know what all of the legislators were all thinking when they ratified the bill of rights and the later amendments, particularly the 14th amendment, which modified the constitution’s original text and meanings. This is in addition to the nonsensical idea that today’s legislation should be forever enchained by the conceptions of late 18th century before the invention of electricity, mass communications, the modern business corporation, etc. and before the discovery of the atom, evolution, and DNA.

 

A.D.

California June 9

Originalism is evil sophistry. “Let’s interpret a document intended to last generations based on bad historical research and the imagined specificity of an era in which white men owned black people. It is inconceivable that the drafters or the those who approved the Constitution thought that 250 years later its ideals, written in broad sweeping language, would be eviscerated in the name of their own historical prejudices.

 

Trisha

Michigan June 9

The constitution was written by people who did not want a king. But it seems like that is what we now have under the current president. Given to us by a so-called originalist group of justices. All of your arguments are trumped by that counter argument. Your article is thereby null and void.

 

Jamie Alderiso

Palm Beach County Florida June 9

“This Supreme Court, contrary to accusations that it is lawless and political, is more committed to a particular constitutional theory than any Supreme Court has been since at least the 1940s.” With all due respect, is this supposed to serve as some mollification to the Court’s critics? Any individual who purports the Court’s neutrality in interpreting the law is woefully delusional. And let’s talk some about originalism. The ontological conception of the idea under law is inane. Yes, it is inane even in its conception. Why would a text written in the late 18th century, albeit one that was written to serve as a guiding light for the sanctity of our nation going forth in administering governance and the rule of law, be inappropriately scrutinized to ascertain the true, original meaning of its writers? Originalism is a smokescreen to hide the Right’s intentions of reshaping the larger culture. The Judiciary’s power is obscene and the most undemocratic of our three branches of government. The constitution doesn’t guarantee a right to an abortion? Correct, abortions aren’t mentioned in the text. You know what else isn’t? The right to board an aircraft. I wonder why. Originalism is a smokescreen to ferment a potent agenda of social conservatism, and it is the exact reason there is no trust in the courts from the American people.

 

Brett

Sydney [Australia, I presume] June 9

Seriously what is wrong with Americans. Even (apparently) intelligent people can say with a straight face that the laws of the land should be based on what a few white males thought hundreds of years ago. How can what they thought then be valid and applicable to a world that is completely different?

 

Matt

Iowa June 9

“...judges ought to interpret the Constitution according to the meaning it had when it was ratified.” When the Constitution was ratified, judicial review of congressional legislation was not a function of the Supreme Court or any other court. Perhaps the originalists have forgotten that. Well, it’s pretty much a moot point now, as constitutional government appears to be moribund, if not already deceased.

 

Arno

Berkeley CA June 9

Such window dressing must make for wonderful conversations at faculty events, and given your employer and political orientation, you are likely to remain faculty. Huzzah. You know in your heart it’s just window dressing. What, exactly, did the founders feel the correct level of regulation for high capacity magazines may have been? Shall we plumb Jefferson’s heart to divine what he makes of AI? Originalism is and ever has been an attempt to legislate through court action, just as you persecute others for doing. You just want to legislate a return to the eighteenth century.

 

Marc

CT June 9

There’s no such thing as originalism, it’s just the justices opinion on how something should be interpreted and provides cover for unpopular decisions. In essence it’s one big rationalization to try and provide a construct for a certain idealogy.

 

Patrick Deaton

St. Louis June 9

Originalism is hogwash. Read Erin Chemerinsky’s book Worse Than Nothing. It is a devastating critique of originalism.

 

Martin

Chicago June 9

Originalism is just another name for a seance conducted by charlatans channeling a bunch of dead people’s “thoughts”.

Monday, May 26, 2025

Remembering Private Amos Franklin Terry Jr.

 

Today is Memorial Day. According to the all-knowing Google,” Memorial Day is a federal holiday in the United States for honoring and mourning the U.S. military personnel who died while serving in the United States Armed Forces.” It is also a day for remembering our ancestors who have passed from this life. Today, as we usually do, my wife and I visited the cemeteries in North Ogden, Utah, where my parents, maternal grandparents, and great-grandparents are buried; in Sandy, Utah, where my wife’s parents are buried; and in Pleasant Grove, Utah, where my wife’s paternal grandparents and great-grandparents are buried. My father and my father-in-law both served in the military during World War II, one in the army in Europe, the other in the navy in the Pacific. My wife’s paternal grandfather served in World War I.

Earlier this year, we visited the cemetery in Enterprise, Utah, where my paternal grandparents and many other Terry relatives are buried. Today I would like to honor the memory of an uncle I never knew. He joined the army after having served an LDS mission, but he never made it overseas. Let me tell you about my Uncle Amos. The quotes from his father (my grandfather) come from a transcript of his personal history made by my cousin Howard Stewart. Howard has kept the spelling and punctuation as they appear in the handwritten original.

Amos Terry - WW2 veteran

My grandfather was Amos Franklin Terry and went by Frank. His oldest son and the fifth of his ten children was also named Amos Franklin, but they called him Amos. Amos was born on October 19, 1917. After apparently serving an LDS mission in Colorado, Amos took a job at a Texaco station in St. George. At the same time, however, he applied for work with Standard Oil Company of California and was accepted for training in San Bernardino. After completing his training, he took a job in Las Vegas. Things get a little fuzzy in my grandpa’s personal history, but somehow Amos ended up back in Colorado. But on Christmas Day 1941, just eighteen days after the attack on Pearl Harbor, his parents received a box containing Amos’s civilian clothes because he had volunteered to join the army and was sent to Camp Ord in California.

As he said in a letter to his parents, “I Joined the army to help my Country in a time of need.” His father’s account includes this strange comment: “We had much suffering in our feelings and partly because of a statement he had made to his mother some time earlier. Upon approaching his mother he had said (‘Mother I feel like I am going to be Murdered’) His Mother said ‘Dont say that Amos’ Upon which he replied ‘I do. I feel like l will meet my death by murder.’”

Apparently, he was promised furlough a few times, but it was always canceled, so his parents never saw him again. Meanwhile, his parents were serving a mission as ordinance workers in the St. George Temple, and they became very concerned when all communication from Amos ceased. Then, one day in July 1943, a letter arrived, but it was from First Lieutenant LeRoy Radford.

 

Battery A 195th Field Artillery Battalion

APO 182, c/o Postmaster

Los Angeles, California

12 July 1943

Mr. A.F Terry Sr.

Enterprise, Utah

P.O. Box 395

 

Dear Mr. Terry:

 

Your son Amos F. Terry, 19011982, is absent from his organization without proper authority.

 

Pvt Terry left his battery 29 June 1943, while the organization was on maneuvers.

 

If you know Pvt Terry’s whereabouts, he should be notified to return to his organization immediately, should he fail to do so severe punishment will result.

 

LeRoy Radford

1st Lt 195th Fa Bn

Commanding Btry A

 

 

My grandpa’s personal history states, “I at once wrote Mr Radford advising him that I knew our son had not gone away without authority but had met with foul play or had perished in the desert and that I wished they would scout the territory for his remains.” He received the following reply.

 

Battery A 195th FA Bn

APO 182, c/o PM

Los Angeles, Calif

August 11, 1943

Mr. A.F Terry Sr.

Enterprise, Utah

P.O. Box 395

 

Dear Mr. Terry:

 

I am writing you with regards to your son Private Amos F. Terry and will try to answer some of the questions which you asked me in your last letter.

 

The are[a] in which your son was missing was searched thoroughly for any trace of your son and the last men to see him were questioned thoroughly. The area was within one and one half miles of a public highway on which lighted vehicles were traveled. There was a bright lighted rock quary within three miles of the area set on a hill and was visible for many miles. With this evidence and the fact that sufficient water was available at this time it is not believed that he became lost or became sick within the camp area and was not found. In view of the fact that it was night when he disappeared and very cool it is not believed that he became afflicted with heat prosteration.

 

I hope that I have to some degree set your mind at ease to the fact that your son is missing and not dead. That he has merely become divorced from the Military Service by his own action.

 

If you should see your son will you please advise him that he is AWOL and should return to his station at once.

Sincerely yours

 

LeRoy Radford

Capt. 195th Fa Bn

Comdg Btry A

 

My grandpa and others apparently went to search the California desert near Blythe, where the company had been stationed at the time of his disappearance, but they found nothing. Here is Grandpa’s account of what happened next: “However on February 26th 1944 a young man by the name of David mott while hunting rabbits about 4 miles North and a little west of Blyth California found a skeleton of a soldier and the matter was reported The skeleton showed that a bullet had entered the head above and behind the right ear and had Come out near the left eye. . . . The army did not notify us until near the fore part of June. However at the temple cottage one week end morning before Coming to Enterprise that day to spend Sunday and Monday I was standing at the sink washing dishes when in my mind I Visualized a large funeral in which I thought I saw President Snow as one of the speakers This warning Caused me to wonder if Eunetta and I might meet with an accident on our way home I don’t remember if I mentioned this Circumstance to her or not but all the way from St George till we arrived home I drove with the utmost Care watching for any indication of trouble Upon arriving home folks began to come thinking I had heard and to express their sympathies to us. our girl [Verda, the youngest daughter] came out of the house to meet us and seeing we had heard nothing Broke the word to us A telegram had come and it stated ‘Your son is dead as you no doubt know and where shall we send the remains?’ We notified them to send his remains to Enterprise Via of Modena.”

It took some arm twisting from the local Red Cross, but the army eventually sent Amos’s remains, which they had identified by tags found in the clothing, which was still intact. My dad, Orvil, was also in the military at that time, being trained as a geodetic computer for the artillery at Fort Riley in Kansas. He was allowed to come home for the funeral and accompanied Amos’s remains from Modena, just north of Enterprise. The funeral was indeed very large, and President Snow did speak.

My grandfather’s attempts to learn what had happened to his son yielded some disturbing results. In speaking with the coroner in Riverside, California, he learned that they were able to determine that Amos was not killed at the spot where his remains were found, and he was not shot from close range. Here is a quote from my grandfather’s personal history: “On this trip to California we had stopped for lunch at a Cafe A young man eating by my side upon learning the nature of my trip informed me that the day before seven soldiers (7) were brought in there that had been found in the desert all had been shot in the head I also was told of Eleven (11) others who were found on a knol[l] almost Covered in sand all shot in the head No doubt some of those branded with desertion to swell the ranks of the California armys AWOL list (Be it here known that I can only state these matters as they were told to me) True or untrue I know not.”

Grandpa also corresponded with Amos’s buddies in the army. “And this we learned from the boys who were his close chums That Amos Franks superior officers had for months heaped upon him many unreasonably difficult tasks after long days of endurance tests in the deserts and upon this particular night They had come into camp after mid night and sargeant Chauncy B Creason ordered him to take cary a heavy machine gun and its equipment over a mountain and set it up. Amos Frank Jr Feeling this to be an unreasonable request said ‘I will take a light truck and another man and we will set it up.’ The Sargeant replied ‘No you go alone understand No one with you’ Did he want to get him alone to murder him or why not be reasonable you answer? . . . The sargeant replied ‘Terry Ill deal with you’ . . . The next morning our son was missing and the sargeant was the first man on the ground to announce that ‘Terry was missing’ This information from one Sanford A Perry a buddy to Amos Frank Jr.”

A letter from the Riverside city coroner is informative:

 

City of Riverside

office of

Ben F. White

Coroner

and

Public Administrator

Riverside, California

May 19, 1944

Amos F. Terry

General Delivery

St. George, Utah

 

Dear Sir:

 

This will acknowledge your letter of May 8 addressed to me at Blythe, California.

 

On the 26th of February, this year, a skeleton of a soldier was found in the desert area approximately four miles from Blythe, California. This matter was reported the same day to the military authorities at Blythe who made an investigation and removed the remains to the Larsen Mortuary at Blythe. My office was notified on February 27 and on February 29 the investigation was conducted at the Blythe Army Air Base which was situated near by.

 

According to information secured from army authorities, identification was made possible by identification tags found in the clothing. The body was clothed in army fatigue clothes which were in fair condition. Underneath the body was an army rifle which was reported to contain no discharged cartridges. A canteen full of water was also located near the body. The skull was examined carefully and showed evidence of two bullet wounds, one on the right and one on the left side. The skull was fractured in many places. This would suggest that the skull was crushed following the infliction of the bullet wounds.

 

It was reported that the organization to which Mr. Terry was attached was in the vicinity of Blythe on maneuvers. They departed from that area sometime in September of 1943. It was also reported that Mr. Terry disappeared from this organization about one year prior to the discovery of his body. The army authorities at the Blythe Air Base informed this office that they would continue their investigation in an effort to clear up the death of Mr. Terry. Since that time the Air Base has been closed and no information is available at the present time. For your information the District Attorney of this County has written to the Adjunct General at Washington D.C. requesting further information concerning this matter. I[f] and when additional information is received concerning your sons death, you may rest assured that we will communicate with you.

 

If you have any suggestions, feel free to write and we will attempt to answer them from the meager information on hand.

Ben F. White

Coroner and Public Administrator

SLC:pk

 

From all of this information, it appears that the army in California had a problem with disappearing soldiers, who were simply labeled as AWOL until their remains were found in the desert. The army was busy prosecuting a war in both Europe and the Pacific, and it is likely they did not feel compelled to investigate these incidents. At any rate, my uncle’s murder, possibly at the hands of his superior officer, was never investigated. He remains a casualty of friendly fire. He volunteered to serve his country, but he never got the chance.

I have been to Amos’s grave in Enterprise several times. It is silent and offers no explanations. When we cleaned out my dad’s house after he broke his hip and had to move to assisted living, we found the carefully folded flag that was given to Amos’s parents at his funeral. It is in a cupboard in my basement. I pulled it out recently and held it in my hands. It raises many questions about the uncle I never knew and the country he wanted to serve.

Sunday, May 18, 2025

My Education at BYU Studies

 

It has now been a little over a year since I retired from BYU Studies after almost 18 years as editorial director. Retirement has been good but busy, and life doesn’t appear to be slowing down at all. But now and then I think about my experience at BYU Studies. I’ve often told people that this job was the best education a person could ask for. Indeed, it was a far better education than I ever got as an undergraduate or graduate student. Why? Primarily because of the nature of BYU Studies. The journal we publishedtitled BYU Studies, then BYU Studies Quarterly, then once again BYU Studiesis a scholarly Mormon studies journal, but it is also very much a multidisciplinary journal, as the list below will demonstrate.

Working at BYU Studies was also a great education because of the nature of the editing I did. Largely due to Doris Dant, who was executive editor before I arrived in 2006, BYU Studies is very OCD about the little details. We source-checked everything. We always had two editors complete an edit of each article, with at least one other set of eyes (usually three) reading the article and checking for typographical problems. The lead editor for each article would do both a content edit and a copy edit, which meant that if I was the lead editor, I might have to dig into the intricacies of translation theory or literary criticism or economics or philosophy or game theory. We had to become well enough acquainted with the topic to raise questions with the author, sometimes beyond the questions our peer reviewers raised. And we became very conversant in LDS history.

Because of the breadth of the subject matter we dealt with and my own curiosity, at some point I put together a list of all the topics I had edited. I then added to this list with each new issue. What follows is that list, and it includes only those articles for which I served as lead editor. Not included is an equally large number of topics for which I was the second editor and then even more topics for which I was the final proofreader.

Anyway, here’s the list. It will give you some idea of the wide variety of subjects BYU Studies published during my 18 years there and a glimpse at the sort of education I was privileged to receive at the hands of a large number of excellent scholars. The topics are separated by issue, number, and year. The final entry is the special issue on evolution that I wrote about a couple of posts ago. We didn’t publish it, but we did all the editing.

 

45.2 (2006)

The Gospel of Judas

Metallurgical Provenance of Ancient Roman Plates

 

45.3

Draining the Swamp in Nauvoo (an engineering study)

Mormonism and Modern Protestantism

 

45.4

Franklin S. Harris and Church Education

“Beautiful Death” in the Smith Family

 

46.1 (2007)

Mormon Outmigration

 

46.2

History of Mormon Cinema

Competing Business Models in Mormon Cinema

Seeking the Good in Art, Drama, Film, and Literature

Toward a Mormon Cinematic Aesthetic

 

46.3

Joseph Smith and the United Firm

Dating and Marriage at BYU

Kierkegaard’s “About and Against Mormonism”

 

46.4

A Chronology of the Life of Joseph Smith

 

47.1 (2008)

Various Dedications of the Holy Land

Early Mormon Hymns

An Epistle of the Twelve, March 1842

 

47.2

Spencer W. Kimball and the Revelation on Priesthood

Pen and Pencil Markings in Joseph Smith’s Bible Translation

 

47.3

Mountain Meadows Massacre Documents

 

47.4

Joseph Smith and Søren Kierkegaard

Mormon Media History Timeline

 

48.1 (2009)

The Boggs Shooting and Attempted Extradition of Joseph Smith

Five Hymns by Frederick G. Williams

Missionary Work in Buckinghamshire, England, 1849–1878

 

48.2

Contemporary Mormon and Iranian Film

 

48.3

A Book of Commandments and Revelations

 

48.4

Colonel Thomas L. Kane

 

49.1 (2010)

The Ezekiel Mural at Dura Europos

The First Amendment and the Internet

Joseph F. Merrill and the 1930–1931 Church Education Crisis

 

49.2

Academic Freedom at BYU

Accreditation at BYU

Robert J. Matthews and the RLDS Inspired Version

Legal Insights into the 1830 Organization of the Church

 

49.3

The 1844/1845 Declaration of the Quorum of the Twelve

Theology and Ecology

German Writer Walter Kempowski

Icelandic Author Halldór Laxness

 

49.4

Dating the Birth of Christ

The Chicago Experiment and Church Education

A Poetics of the Restoration

 

50.1 (2011)

LDS Theology

Evolution of Stars and Planets

Temple Elements in Ancient Religious Communities

 

50.2

The Canadian Copyright to the Book of Mormon

British Copyright of the Book of Mormon

Educational Philosophy of Eliza R. Snow

 

50.3

The King James Bible in America

The Material God of Mormonism

John Taylor’s 1854 Account of the Martyrdom

Consecration in Nauvoo, 1842

 

50.4

Creating Christian Vocabulary in a Non-Christian Language

The Spirit and the Intellect

Religious Metaphor and Cross-Cultural Communication

The Fate of the Davao Penal Colony in World War II

 

51.1 (2012)

Mormonism in the Methodist Marketplace

The Medical Practice of Frederick G. Williams

Howard Nielson, BYU, and Statistics

 

51.2

Textual Similarities between Abinadi and Alma

Rediscovering Provo’s First Tabernacle with Ground-Penetrating Radar

 

51.3

Religious Universities in a Secular Academic World

Dating the Birth of Jesus

Engel’s Law

The LDS Church in Italy

 

51.4

Demographic Limits of Nineteenth-Century Mormon Polygamy

Plural Marriage in St. George, 1861–1880

Polygamy in St. George, June 1880

Textual Changes for a Scholarly Study of the Book of Mormon

Dissecting the Words of Mormon

 

52.1 (2013)

The Post-Manifesto Marriage Crisis

A Mormon Approach to Politics

 

52.2

The Law of Adoption

Game Theory and the Book of Mormon

Self-Interest, Ethical Egoism, and the Restored Gospel

 

52.3

Textual Development of D&C 130:22 and the Embodiment of the Holy Ghost

The Importance of Markets and What Makes Them Work

Joseph F. Smith and the Reshaping of Church Education

Enticing the Sacred with Words

 

52.4

What Happened to My Bell-Bottoms: How Things That Were Never Going to Change Have Changed Anyway

Seven Lineages of the Book of Mormon and Seven Tribes of Mesoamerica

Psalm 22 and the Mission of Christ

 

53.1 (2014)

The Temple According to 1 Enoch

Enoch and the City of Zion

The LDS Story of Enoch

Mitt Romney and “I Mormoni”

LDS Response to Widespread Acceptance of Elective Abortion

Gender Distribution of the LDS Church Worldwide

 

53.2

The Perils of Grace

Spirit Babies and Divine Embodiment

Mormons in the Marketplace

Hebrew Numerology in the Book of Mormon

 

53.3

Toward a Mormon Literary Theory

Gaining Knowledge

Structure, Doctrine, and the Church

Emma Lou Thayne and the Art of Peace

 

53.4

Physical Light and the Light of Christ

Science as Storytelling

The Children of Lehi and the Jews of Sepharad

 

54.1 (2015)

Russell M. Nelson and Tricuspid Valve Annuloplasty

Narrative Atonement in the Gospel of Mark

Muslim Students at BYU

Christ among the Ancient Peruvians?

 

54.2

Challenges Facing BYU as a Religiously Affiliated University

Mormons and Midrash

A Narrative Approach to the JST Synoptic Gospels

Translation of Bible Passages by Joseph Smith and Meister Eckhart

Joseph B. Keeler, Print Culture, and the Modernization of Mormonism

Minerva Teichert’s The Seduction of Corianton

 

54.3

Joseph Smith and John Milton

The Kirtland Safety Society and the Fraud of Grandison Newell

“Hard” Evidence of Ancient American Horses

 

54.4

The Necessity of Political Parties and the Importance of Compromise

Dating the Death of Jesus Christ

 

55.1 (2016)

Israelite Roots of Atonement Terminology

Seer Stones, Salamanders, and Early Mormon “Folk Magic”

Motives and the Path to Perfection

The Mormon Missionary

 

55.2

Why and How Did Karl G. Maeser Leave Saxony?

Visualizing Apostolic Succession (software development)

Alma’s Clash with the Nehors

Toward a Mormon Theology of Work

 

55.3

Joseph Smith and Egyptian Artifacts

Anatomy of Invention

On Criticism, Compassion, and Charity

The Young Ambassadors’ 1979 Tour of China

 

55.4

BYU Football and Sports Analytics

Stephen Webb, in Memoriam

Empathy and Atonement

Death Being Swallowed Up in Netzach

Socrates’ Mission

 

56.1 (2017)

Birth and Calling of the Prophet Samuel

Margaret Barker’s “The Lord Is One”

 

56.2

Kingship, Democracy, and the Book of Mormon

Reading Competency in the Book of Mormon

LDS Reimaging of “the Breath of Life”

The Life and Journal of Poet Lance Larsen

56.3

The Land of the Chaldeans

The Ancient Doctrine of the Two Ways

Love and the Limitations of Psychological Explanation

The Political Climate of Saxony during the Conversion of Karl G. Maeser

Samuel and His Nephite Sources

 

56.4

Joseph Smith Translating Genesis

Animals in the Book of Mormon

 

57.1 (2018)

Theological and Economic Perspectives on the LDS Church and Immigration

 

57.2

Dating the Departure of Lehi from Jerusalem

Women in Mormon Biblical Narrative Art

The Rise and Fall of Portugal’s Maritime Empire

 

57.3

Doctoring and Discipleship in a Hyperconnected Age

The Abrahamic Covenant and the Book of Mormon

The Language of the Original Text of the Book of Mormon

Martin Harris Comes to Utah, 1870

 

57.4

Identifying Forged Annotations in Elvis’s Book of Mormon

An Egyptian Linguistic Component in Book of Mormon Names

Cecil B. DeMille and David O. McKay—an Unexpected Friendship

 

58.1 (2019)

Genealogy

Doing Business in the World without Becoming Worldly

Who Is Leaving the Church? Demographic Predictors

 

58.2

The 1923 Commemoration of the Hill Cumorah

A Joseph Smith Pay Order and the Plight of Missionary Wives in the Early Church

Thomas S. Monson’s Fly-Fishing Adventures on the Provo River

Agency and Same-Sex Attraction

 

58.3

The History of the Name of the Church

 

58.4

Missionary Wives and Children

The Use of Gethsemane by Church Leaders, 1859–2018

Lehi and Sariah’s Escape from Jerusalem

 

59.1 (2020)

Grace, Legalism, and Mental Health among Latter-day Saints

LDS Leaders on the Crucifixion, 1852–2018

History of the Text of the Book of Mormon, Parts 5 and 6

Strengths and Challenges of Contemporary Marriages

 

59.2

Huntington Conference on the First Vision (about 20 papers I edited)

 

59.3

Special Issue on Women’s Suffrage

Hope in a Time of Fracture

An Interview with Eliza R. Snow’s Biographer

 

59.4

Conference Proceedings, 30 Year Anniversary of the BYU Jerusalem Center

 

60.1 (2021)

The Bible in the Millennial Star and the Woman’s Exponent

The Danite Constitution and Theories of Democratic Justice in Frontier America

The Chamber of Old Father Whitmer and Priesthood Restoration

Remnant or Replacement: A Possible Apostasy Narrative

Gospel Ethics

Reflections on Forgiveness and Reconciliation

Racism, Tribalism, and Disinformation

 

60.2

Images of Christ’s Crucifixion

A Teacher’s Plea

Book of Mormon Patterns of Protection

 

60.3

Is God Subject to or the Creator of Eternal Law?

What is the Nature of God’s Progress?

The Relationship between Grace and Works

How Limited is Postmortal Progression?

Each Atom and Agent?

The JST: Canonical or Optional?

Book of Mormon Geographies

The Book of Mormon Translation Process

Civil Disobedience in LDS Thought

On the Foreknowledge of God

 

60.4

The Uses of Genre

Lost Sheep, Coins, and Meanings

The Early Development of LDS Women’s History

Religious Freedom and Equitable Teaching Practices

 

61.1 (2022)

Good Government Begins with Self-Government

Inequality in the Book of Mormon

Mosiah’s and Madison’s Commonsense Principle in Today’s Divided Politics

What We Can Learn from Germany about Reconciliation

Religious Freedom and Nondiscrimination

How Journalism Contributes to Good Government

Latter-day Saints and Foreign Affairs

On Being a Disciple of Hope

 

61.2 (2022)

Money and Prices in the Book of Mormon

Defusing the MX Missile System

Religion and Sexual Orientation as Predictors of Youth Suicidality

Jews of Greco-Roman Egypt and the Transmission of the Book of Abraham

 

61.3 (2022)

Experiential Learning and Conversion

The Rod of Iron as Shepherd’s Staff rather than a Handrail

Evidence of the First Vision in JST Psalm 14

 

61.4 (2022)

The Coming Forth of the Book of Abraham

The Facsimiles of the Book of Abraham

 

62.1 (2023)

Early LDS Doctrinal History

Isaiah’s Immanuel Prophecy

The Testimonies of Len and Mary Hope (Black Latter-day Saints in Cincinnati)

 

62.2 (2023)

20th Century MIA Curriculum

Early Jewish Christian Esoteric Tradition

Religious Freedom

 

62.3 (2023)

Abraham Lincoln and the Constitution

Religious Freedom

Gospel Methodology in Teaching

Organizing to Reduce Human Suffering

 

62.4

LDS Emigration from Great Britain

Joseph and Emma Smith’s Restored Kirtland Home

 

63.1 (2024)

John Taylor’s Journals

 

63.2

Gospel Methodology and the Humanities

Lessons from Mountain Meadows Massacre

A Forensic and Historical Reexamination of John Taylor’s Watch

 

6E.E

Teaching Evolution at BYU

The Seven Seals, the Age of the Earth, and Progressive Revelation

Scripture and Cosmology in Historical Perspective

To Latter-day Saints from Two Non-LDS Scientists

What Evolution Is and Is Not

Why the LDS Community Should Trust Science

Prophetic Epistemology

Monday, May 5, 2025

Charles Wesley, Hyfrydol, and the Tabernacle Choir

 

I have always enjoyed singing the LDS hymn “In Humility, Our Savior,” but one Sunday morning, I had the Tabernacle Choir broadcast on in the background, probably while I read the morning newspaper, and gradually became aware that they were singing different lyrics than I was accustomed to, and the orchestral accompaniment was spectacular (probably a Mack Wilberg arrangement). Unfortunately, with the Tab Choir, it is often difficult to understand the words, so I did a little searching and learned that these particular lyrics were written by Charles Wesley (17071788), an Anglican cleric and the author of more than 6,500 hymns.

I also learned that the melody, composed by Rowland Prichard, is called Hyfrydol (pronounced Huv'-ruh-doll), a Welsh word meaning “delightful, agreeable, pleasing, pleasant, beautiful, fair, fine, sweet, melodious.” And it certainly is.

Anyway, if you want a real treat, listen to the Tabernacle Choir sing with the orchestra accompanying (here’s the link) while reading Wesley’s lyrics, which I’ll copy below. This is a magnificent performance, and the lyrics are majestic, written by a true Christian who obviously loved his Savior.

 

Love Divine, All Loves Excelling

1. Love divine, all loves excelling,
Joy of Heav'n to Earth come down,
Fix in us thy humble dwelling,
All thy faithful mercies crown;
Jesus, thou art all compassion,
Pure, unbounded love thou art;
Visit us with thy salvation,
Enter ev'ry trembling heart.

2. Breathe, O breathe thy loving Spirit
Into ev'ry troubled breast;
Let us all in thee inherit,
Let us find thy promised rest;
Take away our love of sinning;
Alpha and Omega be;
End of faith as its beginning,
Set our hearts at liberty.

3. Come, Almighty to deliver;
Let us all thy grace receive;
Suddenly return, and never,
Never more thy temples leave.
Thee we would be always blessing,
Serve thee as thy host above,
Pray, and praise thee without ceasing,
Glory in thy perfect love.

4. Finish, then, thy new creation;
Pure and spotless let us be;
Let us see thy great salvation
Perfectly restored in thee;
Changed from glory into glory
Till in Heav'n we take our place,
Till we cast our crowns before thee,
Lost in wonder, love, and praise!

Sunday, April 20, 2025

New Book on the Gospel and Evolution Published by BYU

 

Some of you may be aware that about three years ago BYU Studies was all set to publish a special issue on evolution and the gospel when the university administration got cold feet and pulled the project. I won’t go into the politics of the matter, but let me just say that I was sorely disappointed. I spent close to 18 years as editorial director at BYU Studies, and I can say without equivocation that this special issue would have been the best issue of the BYU Studies that I had worked on, hands down, largely because it was so desperately needed. It had been requested specifically by the College of Life Sciences because their students needed it, and it was guest edited by two of the college’s faculty members, Jamie Jensen and Steve Peck, geneticist Ugo A. Perego, and Claremont PhD student (at the time) Ben Spackman, whose dissertation was on the history of  Latter-day Saints, evolution, and creationism. (Ben has an article in today’s Salt Lake Tribune about the Church’s new essay in the Topics and Questions series on religion and science.)

When I retired almost a year ago, the evolution issue was still in limbo, but within a few months, I was told that, after much lobbying, the College of Life Sciences had received permission to publish this special issue as an e-book and a printed book, both to be used primarily as textbooks. I am pleased to say that this wonderful publication is now available for free download on the college’s web page and will soon be for sale as a printed book.

I can’t say enough good about this book. It is thorough and fair and informative throughout. It combines sound science with religious sensibility and historical perspective. If you have ever had questions about evolution and the gospel or just want to read a very intelligent series of essays about a topic that is more important than you probably know, I can’t recommend this book highly enough.

Here is a list of the contents (with page numbers in parentheses):

 

Editors’ Introduction (xi)

Jamie L. Jensen, Steven L. Peck, Ugo A. Perego, and T. Benjamin Spackman

Accepting Evolution: Why Does It Matter? (1)

Jamie L. Jensen

From Biology Major to Religion Professor: Personal Reflections on Evolution (23)

Joshua M. Sears

What Do We Know from a Religious Epistemology?

When Worlds Collide: Scripture and Cosmology in Historical Perspective (49)

Kyle R. Greenwood

The Genesis Creation Account in Its Ancient Context (61)

Avram R. Shannon

The Seven Seals, the Age of the Earth, and Continuing Revelation (77)

Nicholas J. Frederick

(No) Death before the Fall?: The Basis and Twentieth-Century History of Interpretation 81

T. Benjamin Spackman

What Do We Know from a Scientific Epistemology?

Why the Latter-day Saint Community Can Trust Science (in the Same Way Scientists Do) (119)

Steven L. Peck

Accepting Evolution with Joy Is Possible (143)

T. Heath Ogden

Wonderful Forms of Life Have Been and Are Being Evolved: A Brief Explanation of What Evolution Is and Is Not (161)

Tyler A Kummer and Jamie L. Jensen

The Scientific Evidence for Human Evolution (187)

Seth M. Bybee

Thoughts on Reconciliation

Should Evolution Be Taught at BYU?: A Certain “Yes” from an Uncertain Defender (213)

James P. Porter

Evolutionary Biology as a Discipline at Brigham Young University: An Academic Success Story (219)

Michael F. Whiting

From Seminary Teacher to Scientist to Institute Director: Learning by Study and Also by Faith (239)

Ugo A. Perego

Living with Uncertainty Helps Us Reconcile Evolution and Faith (251)

Jared Lee

Using a Reconciliation Approach to Teach Evolution May Help Religious Students Remain Faithful (263)

Danny Ferguson, Ethan Tolman, Spencer Shumway, and Cassidy Shively

To the Latter-day Saint Audience . . . from Scientists Who Care (281)

Jamie L. Jensen, with Constance M. Bertka and Lee Meadows

On the Official Position of The Church of Jesus Christ of Latter-day

Saints on Evolution

The 1909 and 1925 First Presidency Statements in Historical and Scientific Contexts (299)

T. Benjamin Spackman

Appendix A: Organic Evolution (331)

Appendix B: The Origin of Man (337)

The First Presidency of the Church

Appendix C: “Mormon” View of Evolution (345)

The First Presidency of the Church

Appendix D: What Does the Church Believe about Evolution? (347)

Appendix E: What Does the Church Believe about Dinosaurs? (349)

Appendix F: Science and Our Search for Truth (351)

Alicia K. Stanton

 

This 360-page volume is the most complete publication, by far, that has ever come from the Church on the topic of evolution. We know, from disapproving emails we received after word of this project spread, that there are some in the Church who view evolution as a doctrine of the devil. These people prefer to quote Joseph Fielding Smith rather than James Talmage or John Widtsoe. These are scriptural literalists, who defend positions that the Church as an institution never has. And I would challenge any of these individuals to read this book with an open mind. They may learn a great deal that will change their perspective on many topics.

I might add also that even though the various essays in the volume were requested and edited for content by the three editors, the source checking and copy editing were handled by our excellent staff at BYU Studies, so I can attest to the quality of the final product.

Again, this is a landmark publication that has been desperately needed by both BYU and the Church for decades. It will help countless students who love science or who have perhaps had mistaken ideas about certain doctrines. But it is not just for college students. It should be read by every member of the Church. I’m just grateful that the university administration and the General Authorities finally authorized this publication and made it available for everyone free of charge.