'I do not want to hear constitutional rights in my court.'
-Judge Maureen A. Folan,
Family law custody trial in Santa Clara County, CA
"We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."
-Preamble of the U.S. Constitution, 1787
"...[N]or shall any State deprive any person of life, liberty or property, without due process of law..."
-14th Amendment of the U.S. Constitution
...controlling U.S. Supreme Court case authorities collectively stand for the propositions that (a) the parental liberty interest in the care, custody, companionship and control of children is fundamental; (b) fitness entails the presumption that parents know the best interests of their children and act accordingly; (c) a parent remains fit until the State proves otherwise by producing particularized findings in accordance with at least and convincing evidentiary standards; (d) the State must satisfy this burden before it can substitute its determination over that of a fit, biological parent with respect to medical and educational decisions; (e) any impingement of a parent’s authority must be narrowly tailored to serve a compelling State interest.
A. Why Judges are so Important
Parents preserve and protect their children; the U.S. Constitution is designed to preserve and protect parents.
Judges preserve and protect the Constitution, which is the vehicle that transports and disburses the priceless blessings of liberty to its citizens. Because the U.S. Constitution protects inalienable rights better than any political document ever written - never in human history have so many people of so many ethnicities experienced so much liberty over such a wide geographic expanse for such a longer period of time - it is impossible to overstate the importance of its judicial curators. Judges, indeed, are the most important members of our civilization. They are like world-class mechanics entrusted to keep this complex, delicate and fragile vehicle in perfect tune. We call them "Honorable" for a reason: without their intelligence, knowledge and wisdom - and without their humility to follow the law - the Rule of Law devolves into lawlessness. Their robes symbolize a celestial austerity: that they reside above the fray of ornamental self-interest; that they countenance no Plan B awaiting outside their wood-paneled chambers; that their first and only love is the Constitution; that they eat and breathe Law; that they sleep in their robes.
Or so we hope. We hope, at least, that this single-minded tenacity carries into their oath and beyond:
“I, ___ ___, do solemnly swear (or affirm) that I will administer justice
without respect to persons, and do equal right to the poor and to the rich,
and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as ___ under the Constitution and laws of the United States.
So help me God.” 28 U.S. Code § 453
B. What the Law Says About Your Parental Rights
When a natural right (i.e. life, liberty, the pursuit of happiness, viz. freedom of speech; freedom to worship or not worship God, etc.) is deemed fundamental, it attains heightened protection under both Due Process Clauses. There are only a handful of these heightened liberty interests. A judicial crisis arises when judges decide that they are above the Constitution and laws of the United States by ignoring controlling case authorities specifying how fundamental liberty interest with heightened due process protection must be protected.
Common sense suggests that the most sacred of these liberties is the right of a parent to raise his or her child. Free speech is important; but not nearly as much as being able to speak to your child. The U.S. Supreme Court and federal circuit courts over the past 90 years have most certainly gone out of their way to ensure heightened protection for the parental liberty interest.
WE ARE FACING A JUDICIAL CRISIS because judges across the country are allowing innocent children to be separated from fit parents without due process. If you have consulted numerous attorneys, you have undoubtedly been advised that judges in family courts don't want to hear about your constitutional rights. It is impossible to overstate how profoundly out of alignment this is with the U.S. Constitution.
We're close to completin a lengthy line-chapter-verse summary of the edifice of heightened due process protection that is supposed to surround the domain of parental privacy and the sacred parent-child bond of affection. We hope that this summary will serve to re-educated and, thus, persuade, judges across the country to honor your parental rights. YOU have the right to petition any court in the United States remind it of its obligation to follow the LAW. For now.....
"...[N]or shall any person...be deprived of life, liberty or property without due process of law..."
-5th Amendment of the U.S. Constitution
What the United States Constitution Says About Parental Rights
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