¿Por qué necesitamos la Enmienda de Derechos Parentales?

Noventa años atrás el Tribunal Supremo declaró que…

“el niño no es la mera criatura del Estado; los que le crian y dirigen su destino tienen derecho, asociado con el alto deber, de reconocerlo y preparar [al niño] para obligaciones adicionales.” ~ Pierce v. Society of Sisters, 268 U.S. 510 (1925).

Hace cuarenta años la Corte siguió esta línea de razonamiento al pronunciar que el…

“rol primario de los padres en la educación de sus hijos está ahora establecido más allá de toda disputa como una perdurable tradición americana.”  ~ Wisconsin v. Yoder, 406 U.S. 205 (1972)

Sin embargo, en el año 2000 la Corte abrió esta disputo de nuevo. Una ley en el estado de Washington le dió a cualquier persona la capacidad de anular la decisión de padres buenos en el asunto de visitación.

La persona solo tenía que clamar que sería “mejor” para el niño permitir que la persona tenga derechos de visitación.

Cuando la Corte Suprema revisó la ley en el caso Troxel v. Granville, 530 U.S. 57 (2000):World is round - 2016

  • Hubieron seis opiniones diferentes y ninguna alcanzó cinco votos (una mayoría);
  • El juez Scalia sostuvo que los padres no tienen derechos de cualquier índole que estén protegidos por la Constitución;
  • El juez Th omas fue el único de la Corte que indicó claramente que los derechos parentales reciben la misma alta norma jurídica de protección dado a otros derechos fundamentales.

El apoyo por un alto concepto de derechos parentales fue socavado por esta decisión de la Corte.

Hoy numerosas cortes federales rechazan tratar estos derechos como merecedores de protección al nivel de otros derechos fundamentales.

Es el deber del Congreso aclarar la confusión causada por esta decisión astillada.

Continue reading ¿Por qué necesitamos la Enmienda de Derechos Parentales?

The Due Process Clause guarantees more than fair process…

THESE JUSTICES WERE BOUND BY THE DUE PROCESS CLAUSE
court-of-public-opinion-2015

By thefitparentsrights

…and the “liberty” it protects includes more than the absence of physical restraint. (citations omitted). (Due Process Clause “protects individual liberty against ‘certain government actions regardless of the fairness of the procedures used to implement them’ ”) (quoting *720 Daniels v. Williams, 474 U.S. 327, 331, 106 S.Ct. 662, 665, 88 L.Ed.2d 662 (1986)). The Clause also provides heightened protection against government interference with certain fundamental rights and liberty interests. Reno v. Flores, 507 U.S. 292, 301-302, 113 S.Ct. 1439, 1446-1447, 123 L.Ed.2d 1 (1993); Casey, 505 U.S., at 851, 112 S.Ct., at 2806-2807. In a long line of cases, we have held that, in addition to the specific freedoms protected by the Bill of Rights, the “liberty” specially protected by the Due Process Clause includes the rights to… to have children, Skinner v. Oklahoma ex rel. Williamson, 316 U.S. 535, 62 S.Ct. 1110, 86 L.Ed. 1655 (1942); [and] to direct the education and upbringing of one’s children, Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042 (1923); Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 (1925);…

Our established method of substantive-due-process analysis has two primary features: First, we have regularly observed that the Due Process Clause specially protects those fundamental rights and liberties which are, objectively, *721 “deeply rooted in this Nation’s history and tradition,” id., at 503, 97 S.Ct., at 1938 (plurality opinion); Snyder v. Massachusetts, 291 U.S. 97, 105, 54 S.Ct. 330, 332, 78 L.Ed. 674 (1934) (“so rooted in the traditions and conscience of our people as to be ranked as fundamental”), and “implicit in the concept of ordered liberty,” such that “neither liberty nor justice would exist if they were sacrificed,”(citations omitted).

Continue reading The Due Process Clause guarantees more than fair process…

Lawyers Lie To Themselves and Their Clients

United States of America Of the Lawyers, By The Lawyers, & For The Lawyers…
Just The Facts –

– Lawyers Write the Laws –
Lawyers use their legalese to construct laws that generally only a lawyer can understand or interpret
– Lawyers Make the Laws –
Lawyers comprise the majority of local, state and federal legislative bodies.
– 1 Lawyer for EVERY 200 Adults in America!! –
1,143,358 lawyers. Law Schools are graduating 40,000 new lawyers each year as they have over the last 20 years. We are being overrun by lawyers, who not being subject to the normal laws of supply and demand, simply create work for themselves at an increasing cost to each of us.
– Your Civic Duty –
Work and your life are secondary to – Your Civic Duty – at about $8.00 PER DAY while the Lawyers & Judges are making HUNDREDS of DOLLARS PER HOUR! But you understand, after all the lawyers and judges do tell us that it is ‘the best system in the world…’
– All About Billable Hours –
Confusion and conflict produce billable hours. Simple
common sense decisions and solutions are almost extinct because they are in conflict with the billable hours required to support the ever growing legal profession.
– Taxation Without Representation –
Lawyers represent 3/10th of 1 percent of the population yet have an 80% representation in our government. Translation: The taxation of 99.997% of the American people is created, implemented, controlled, and enforced by .003% of the people: indeed a privileged class.
– Lawyers & Government –
Any wonder why the government is so wasteful and
inefficient? The majority of lawyers in government have never had any experience in the operation or budgeting of a real business in the real world. And, in the world they did work in, they could earn more in a few hours than most people can earn in a week or a month and sometimes even a year!
– 2 More Lawyers in the White House –
Remember the Clintons? Remember the Scandals?
Remember the National & Worldwide Disgrace America was Subjected to? Remember How Bin Laden Killed
Americans at will BUT there was not enough evidence to bring him to Court!!
– 9 Lawyers Decide How All American’s Live! –
Nine Lawyers on the Supreme Court decide the laws, the
morals, and the culture of 300 million FREE Americans?
Arguably The Founding Fathers Biggest Mistake!
– The U.S. Constitution –
The Founding Fathers never had a clue how their
masterpiece, The Constitution, would be a Cash Cow for the lawyers…

Just The Factsdownload signJust The Facts

· VoteFamily.Us · GLOOGBOOK.COM ·

Liar Joel Greenberg Broward County FL Liar - 2016Why Lawyers Lie (To Themselves and Their Clients)

Ethics and practicing law have a fascinating relationship. I posted last week about how it’s silly to suggest that ethics requires lawyers (or anyone) to always tell the truth. In the comments, I wrote the following in a reply to a comment by Scott Greenfield:

I think the lawyer’s biggest moral (as opposed to “ethical” re the rules) conundrum is the question of whether the lawyer is lying to himself that what’s good for the lawyer is good for the client. Self-deception is the real problem, because it makes our lies to others feel like the truth.


Scott suggested that was an idea for a post. I agreed, so here goes.

Lawyering, despite the efforts of those who write the ethics rules, has a conflict of interest built in: what’s good for the client is often the exact opposite of what’s good for the lawyer. And lawyers, being mere mortals, are morally fallible, and they know it.

They have to get past that knowledge if they are going to at least sometimes choose to do what’s best for themselves instead of what’s best for the client. To cope with making that choice, they lie to themselves in order to believe that what’s good for themselves is in fact what’s best for the client.

Continue reading Lawyers Lie To Themselves and Their Clients

KNOW YOUR PARENTAL RIGHTS!!

Parental-rights (1)

The U.S. Supreme Court has consistently protected parental rights, including it among those rights deemed fundamental. As a fundamental right, parental liberty is to be protected by the highest standard of review: the compelling interest test. As can be seen from the cases described above, parental rights have reached their highest level of protection in over 75 years. The Court decisively confirmed these rights in the recent case of Troxel v. Granville, which should serve to maintain and protect parental rights for many years to come.

As long as CPS is allowed to have an exaggerated view of their power and is allowed by state officials and the courts to exploit that power and abuse it against both children and parents, they will both be continually harmed. The constitution is there for two primary reasons, 1) to restrict the power of the government and 2) to protect the people from the government, not the government from the people. And the constitution is there to prohibit certain activity from government officials and that prohibition does not apply to one type or kind of official but to ANY government official whether it is the police, CPS or FBI.

DivorceCorp on Netflix - 2015
“More money flows through the family courts, and into the hands of courthouse insiders, than in all other court systems in America combined – over $50 billion a year and growing. Through extensive research and interviews with the nation’s top divorce lawyers, mediators, judges, politicians, litigants and journalists, DIVORCE CORP. uncovers how children are torn from their homes, unlicensed custody evaluators extort money, and abusive judges play god with people’s lives while enriching their friends. This explosive documentary reveals the family courts as unregulated, extra-constitutional fiefdoms. Rather than assist victims of domestic crimes, these courts often precipitate them. And rather than help parents and children move on, as they are mandated to do, these courts – and their associates – drag out cases for years, sometimes decades, ultimately resulting in a rash of social ills, including home foreclosure, bankruptcy, suicide and violence. Solutions to the crisis are sought out in countries where divorce is handled in a more holistic manner.”
www.causes.com/causes/804504-american-fathers-4change
http://www.causes.com/causes/804504-american-fathers-4change

Continue reading KNOW YOUR PARENTAL RIGHTS!!