There is no question that parental rights are under attack. CPS and State abuses are rampant everywhere you look. Kids are being removed from safe and loving homes for crimes like seeking a second medical opinion, refusing to follow doctor’s orders, home-schooling, home-birthing, and taking a harmless mineral supplement. A quick visit to MedicalKidnap.com is pretty eye-opening.
Something has gotta give, no question about it. But a careful read of the so-called “Parental Rights” Amendment (to the U.S. Constitution) and you know this ain’t it.
About the flawed Parental Rights Amendment
Click here for the current version of this post. There are excellent points made in this post, if I do say so myself :) So worth the short read. But for my arguments against the PRA, it’s all updated at the link!
What the Founders Said
The most abiding argument the Founders had was about whether or not to include an amendment for every natural right. In the end, they decided just the top 10.
Why? Because the State (and people) can interpret anything any way they choose. Just look at the endless discussions on the 2nd Amendment… So the Founders decided to keep it simple.
The founding documents were written to declare our unalienable individual rights against government over-reach.
Unalienable: that which cannot be given away or taken away.
What is the Solution?
If you want to protect parental rights:
- SPEAK UP when you see something bad happen to a friend or neighbor. Not in the heat of the moment, of course. It’s scary and with good reason. I know a couple who were threatened with having their kids taken in retaliation for speaking out. They moved from our state. This was in the 80s and I think this overt abuse rarely happens today. Particularly when a group speaks out.
- Record everything. The only way to stop an out-of-control agency from operating in the dark is to be the sunshine.
- Offer to help any parent whose children have been taken. They will need support and you can help them sort thru their options.
- Go with the parent(s) to any formal appearances you are able. A group of us went to a CPS hearing with a friend who had been fraudulently accused. We refused to identify ourselves, two people openly videotaped the meeting. CPS backed right down and dismissed the allegations. In fact, the CPS employee who started the investigation was quietly let go.
- Financially support organizations that go to bat for citizens against government. These days, there are many, including the Home School Legal Defense Association. There’s Institute for Justice, Farm to Consumer Legal Defense Fund, Texas Home School Coalition, to name a few.
- Elect local and state legislators, including Governor, who will stand firm against abuse of citizens by any agency, whether local, state or federal. These would be legislators who are well versed in your state’s Constitution as well as the U.S. Constitution in its entirety and the 10th Amendment in particular. The only other requirement of a good legislator is a SPINE.
Parents don’t need a parental rights amendment. We need the State to FOLLOW the Constitution. That would be an excellent start.
Gratuitous pitch for Matt Bevin for #KyGov
We are lucky in KY to have not only Rand Paul and Thomas Massie, both vocal and tireless defenders of liberty, but now Matt Bevin and Jenean Hampton, the Republican nominees for Governor and Lt. Governor.
As the father of nine kids, all currently being homeschooled, Matt personally understands that CPS is yet another agency out-of-control and has stated publicly that it needs investigation.
This is a specious rebuttal. Judges already have the ability to ignore the constitution with any of our “rights” as you have already acknowledged. The system works by taking it to higher judges if you want to fight it in appeal. The highest judges are the Supreme Court, which already has declared parental rights as second class.This amendment makes parental rights equal top priority. (Anyone’s anecdotal experience with our justice system is not a convincing argument for me, sorry.) The problems with the proposal is that it goes beyond this simple declaration of priority rights. It also does not define “parent”, of which there are many flavors in every state: primary, joint, legal, physical, etc. Some states deem citizens “parent” simply if there is a DNA match for child support. So, what rights does an absent parent get? It also uses the term “disability” which is also a fuzzy term that get politically tweaked frequently.
It boils down to this: if you are expected to take full obligation for any children you bring into the world, logically, legally and ethically, you should have just as much rights over them. Children are extensions of the individual who has them. This relationship needs to be explicitly protected from governmental abuse.
My reading of it is that this amendment does NOT make parental rights top priority. It officially, constitutionally subjugates them to the State’s final say. So instead of simply overstepping their bounds and ignoring the Constitution (as happens too often today), the State will have been given legal and constitutional authority to overstep their bounds.
Take it to a higher court is your solution to an unjust judgement involving parental rights? Have you personally been involved in a case like this or witnessed any? I have done both over many years. It’s not simple. For one thing, judges don’t like overturning a previous judge’s judgement. It’s also not cheap and not readily available for those who have been wronged. If there’s no money in it for the lawyer, no one will take the case. This is why CPS focuses on poor parents. If you doubt this, go sit in the waiting room for family court. It’s heartbreaking.
In fact, go sit in a courtroom for any court where people are paying fines for pot, driving, etc. Poor people one after the other. Anyone who can afford it has an attorney. Extremely enlightening.
fight corruption in Kentucky that law doesn’t mean any thing when the whole system is corrupt Daviess County Kentucky has been corrupt for over since 1959 that is a proven fact the crooked Judges do not follow law they make heir own the FBI gonna listen hmmm not in the same county live in
It is about time somebody put this out on blast. The press will aid out governing officials in telling our wrongdoing but won’t aid in the people telling their stories of how governing officials are doing wrong by the people!!!