by Mark Godbey
April 8, 2009
Conservatives are desperately clinging to what is left of the Bill of Rights: The 1st and 2nd Amendment. The upcoming TEA parties (Taxed Enough Already?) essentially are about the taxes. And the rest of the Bill of Rights? Gone. When myself and other speak to Conservatives about the Parental Rights Amendment a resolution in Congress to take back our Bill of Rights Protections, most have not heard of it, so I quickly show them what it can do for Parents and Families.
But ever since the Liberals and Feminist have been working the state legislatures, those of us involved with parenting and parents rights and family values have long lamented the destruction of the family by the state laws assuming supremacy over the federal laws, mainly 4th through 10th Amendments. Federal civil rights assume supremacy over state laws. Any laws enacted by state legislatures to deny federally protected civil rights violates the Supremacy Clause of the US Constitution. Article IV, Paragraph 2.
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.
Since the mid 1970s with the end of no-fault divorce, and the institution of quickie divorces through the rabid advocacy of liberal and feminist groups, parents and children have been rippped apart and added to the welfare rolls without their consent. All of these atrocities were supported of the US Congress. Your tax dollars hard at work. “Were from the government and we here to help,” said President Ronald Reagan in speaking about the most feared line you can hear.
Here is how it works. It is a one-two punch.
Punch One. The states regulate marriage and divorce. Who gets married, and when you can divorce. Marriage is a right reserved to the states and to the people. The people of the state decides who can and can’t get married. Divorce used to be that way, but not anymore. Anyone can get divorced. A child’s consent is meaningless. States regulate divorce.
Marriage is not a sacred institution anymore, but a state secular contract and your Bill of Rights protections do not matter. The state cares even less about your children. (as a matter of federal law, a dollar value has been assessed for each child taken into state custody.)
The federal government only constitutional involvement is around the “implied” rights of parents under the 9th, 10th and 14h amendments. There is no mention of Parents or Marriage in the US Constitution. So it is up to the states, with limited protection for parents and children from the federal government with regard to protection for families with the remaining amendments.
So in the 1970s states fell into line with the liberal/feminist thinking and the greatest social experiment of all time was enacted without any public debate as to the consequences: The Single-Parent Household became the new social order. Under federal law, The Single-Parent home became a Welfare Home. Dads became dispensable. Black fatherhood still teeters on the brink of extinction. Ask President Obama why his father left him fatherless. Single-Parent home advocates should be ashamed.
Punch Two. States are paid by the federal for every successful divorce. See Social Act Title IV. The federal government reimburses the state for every child in divorce separated permanently from one parent or the other.
Divorce in the 50 states became incredibly easy. You could end (what at one time was considered a sacred institution) a marriage and destroy a family without the consent of the other marriage partner. And the children? Their consent was not required. Children’s rights were destroyed by the states. Children’s rights were limited to what was in “their best interest.” The “best interest” doctrine replaced children’s rights to have equal access to both of their parents. Children have no rights, parents have no rights, the state ignores rights in favor of Billions of federal welfare dollars.
“Best interest” in not in the US Constitution. It has been described by federal judges as vague and undefinable. State constitutions are engorged with the term. State judge and attorneys love the term. It is warm and fuzzy, and after all, who know best? Does “Father Know Best? Nope. The state has assumed that role of “best interest.” The “State Knows Best.” Long live Robert Young.
I think it is sad to watch as my fellow conservatives fight for the 1st and 2nd amendment rights. These rights in a nutshell are, freedom of the press, speech and religion, and to bear arms. It is laughingly, bitterly, sad, comical, and ironic that President Obama made the statement about people “bitterly clinging to the their guns and religion” because candidate Obama knew that the remaining Bill of Rights protections (accept the 3rd) were long gone, in the trash heap of history. I knew exactly what he meant when he said it.
That is right. Those of you in Family Court kissed of the 4th, 5th, 6th, 7th, 8th, 9th 10th and 14th amendments long ago. I wish the “bitter clingers” well and good luck with their TEA Parties because with the election of President Obama you have entered the era of a New World Order. The 1st and 2nd may soon fall. And the 3rd amendment, soldiers in your home……?
- If you had your children legally kidnapped in Family Court, or had CPS violate your 4th, 5th and 6th and 14th Amendment rights, you know what I am talking about.
- If you one of the 80 million children over the past 38 years who no longer has a dad, you know what I am talking about.
- If you have falsely accused, lost your home, children, life savings, business license, passport, driver license, self-respect, job, friends, church or the respect of the community because you are divorced, you know what I am talking about.
To quote Stephen Baskerville, author of Taken Into Custody, from his December 2007 article TOTALITARIANISM IN AMERICA,
” Mass incarcerations without trial or charge; forced confessions; children forcibly separated from their parents with no reasons given; doctored hearing transcripts and falsified court records; evidence fabricated against the innocent; government agents entering the homes, examining private papers and personal effects, and seizing the property of citizens who are under no suspicion of legal wrongdoing; special courts created specifically to convict people who cannot be convicted in ordinary courts; children instructed to hate their parents by state functionaries: Is all this the Soviet Union in the 1930s or Communist China in the 1960s? Is this some novelist’s prognosticated dystopia? No, all this and more is routine in the United States today.”
I will end this brief article with listing of the Rights You No Longer Have:
* Fourth Amendment – Protection from unreasonable search and seizure.
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
* Fifth Amendment – due process, double jeopardy, self-incrimination, eminent domain.
No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
* Sixth Amendment – Trial by jury and rights of the accused; Confrontation Clause, speedy trial, public trial, right to counsel
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
* Seventh Amendment – Civil trial by jury.
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
* Eighth Amendment – Prohibition of excessive bail and cruel and unusual punishment.
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
* Ninth Amendment – Protection of rights not specifically enumerated in the Bill of Rights, like Parental Rights.
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
* Tenth Amendment – Powers of states and people, like Parental and Children’s Rights
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
* Fourteenth Amendment – Equal protection under the law
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.
Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.
Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.
Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.