Author Topic: Amendment proposed to protect parental authority  (Read 683 times)

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Online Pandora

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Amendment proposed to protect parental authority
« on: May 30, 2012, 05:59:20 PM »
A Constitutional Amendment has been introduced in the Senate that hopefully will light the fire of parental rebellion under establishment arrogance on the issue.

Quote
Co-authored by South Carolina Senators Jim DeMint and Lindsey Graham, the desired addition to our Constitution reads as follows:

Section 1. The Liberty of parents to direct the up-bringing, education, and care of their children is a fundamental right.

Section 2. Neither the United States nor any State shall infringe this right without demonstrating that its governmental interest, as applied to the person, is of the highest order and not otherwise served.

Section 3. This article shall not be construed to apply to parental action or decision that would end life.

Section 4. No treaty may be adopted nor shall any source of international law be employed to supersede, modify, interpret, or apply to the rights guaranteed by this article.

A constitutional amendment proposed in Congress must achieve two-thirds approval of both the House and Senate. Following that, it must be ratified by three-fourths of the states. This process does not require any legal input from the Executive branch of government. The president has no official right to originate, veto, or affix his signature in any step toward ultimate ratification.

... The DeMint-Graham amendment has two goals: 1 — To faithfully translate the traditional Supreme Court standard for parental rights from an implied right into an actual, clearly spelled out textual part of the Constitution. And 2 — To prevent international law from supplanting American law on the subject of parents and children.

Backers of DeMint/Graham have been stirred to action by recent trends that clearly pose a threat to parental rights. Specific constitutional protections are seen as the logical remedy. At the time of our founding document, its authors never imagined an approach to government which would intrude on the day-to-day decisions of parents on behalf of their children.

I adamantly and vehemently object to that clause.  What the hell is with this "government interest?  The only INTEREST of the government is to protect my rights, period.  End of story.
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Offline LadyVirginia

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Re: Amendment proposed to protect parental authority
« Reply #1 on: May 30, 2012, 06:08:57 PM »
Section 2. Neither the United States nor any State shall infringe this right without demonstrating that its governmental interest, as applied to the person, is of the highest order and not otherwise served.


I adamantly and vehemently object to that clause.  What the hell is with this "government interest?  The only INTEREST of the government is to protect my rights, period.  End of story.


If that isn't a huge opening for the camel's nose to get under the tent I don't know what is.

What's wrong with DeMint?

 ::facepalm::
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Online benb61

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Re: Amendment proposed to protect parental authority
« Reply #2 on: May 30, 2012, 06:29:53 PM »
It is simply a CYA clause.  But, why would they need one of those?
Eschew Obfuscation

Offline Glock32

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Re: Amendment proposed to protect parental authority
« Reply #3 on: May 30, 2012, 06:33:07 PM »
Every abrogation of the Constitution has been accomplished under the rubric of some professed "compelling government interest", and I agree with Pandora -- get rid of it. The government's "interests" are clearly defined by the Constitution. Anything above and beyond it is held to be the purview of the people and the states.
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Offline EW1(SG)

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Re: Amendment proposed to protect parental authority
« Reply #4 on: May 30, 2012, 09:30:54 PM »
Quote
The Liberty of parents to direct the up-bringing, education, and care of their children is a fundamental right.

There's a real "No kiddin', Sherlock" moment right there.

Now, if you can SHOW ME where in the Constitution it allows the government to interfere with that fundamental right (and I don't mean by way of penumbras and emanations found by communists in the courts), then I will agree that amending the Constitution might be called for.

Meantime, fewer words in the Constitution equate to more freedom for the people.
My doctor told me to start killing people.  Not in those exact words, she said I had to reduce the stress in my life.

Same thing.

Offline Glock32

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Re: Amendment proposed to protect parental authority
« Reply #5 on: May 30, 2012, 09:43:36 PM »
Exactly. Enacting an Amendment that says "the government can no longer do such-and-such" is by implication to accept that it ever had the constitutional authority to do the "such-and-such" in the first place. It could potentially open up a bigger can of worms if the statists seize upon that as an acknowledgment that they have the authority to do lots of other things that aren't specifically banned by the Amendment.

Instead of novel legislation and amendments, what we need is a reaffirmation of the Constitution in its original intent.  This isn't to say there will be no place for future amendments, but I don't think it's a wise strategy to use them to push back the overreaches piecemeal.
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Offline IronDioPriest

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Re: Amendment proposed to protect parental authority
« Reply #6 on: May 31, 2012, 12:00:31 AM »
So, the parental upbringing of children is a fundamental right, except when it's not - and the government will determine when it's not - and the standard for that determination shall be when the government deems that its interests being served is of higher priority than the parent's or the child's.

What a load of bullsh*t.

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Online Pandora

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Re: Amendment proposed to protect parental authority
« Reply #7 on: May 31, 2012, 12:10:38 AM »
Grahamnesty.  History and all.
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charlesoakwood

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Re: Amendment proposed to protect parental authority
« Reply #8 on: May 31, 2012, 12:35:48 AM »

It's a sickness and even DeMint's got it.
Government's power is derived from the people, US;
the government is US, they have, every last one of them
forgotten that and they have the bit between their teeth
and we let them do it.  It will be hard to regain control of
the reins.




Online Pandora

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Re: Amendment proposed to protect parental authority
« Reply #9 on: May 31, 2012, 12:48:04 AM »

It's a sickness and even DeMint's got it.
Government's power is derived from the people, US;
the government is US, they have, every last one of them
forgotten that and they have the bit between their teeth
and we let them do it.  It will be hard to regain control of
the reins.

Frankie Laine - Rawhide (Original Stereo)
"Under certain circumstances, profanity provides a relief denied even to prayer." - Mark Twain

"Let us assume for the moment everything you say about me is true. That just makes your problem bigger, doesn't it?"

Offline Libertas

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Re: Amendment proposed to protect parental authority
« Reply #10 on: May 31, 2012, 07:02:17 AM »
They just destroyed their own amendment.  One has to assume it is intentional, the people who care about the underlying issue merely need to be fooled into having their rights protected when in fact they are not.  This is the worst most cynical form of legislating, one that voters should end, without reservation over who's head gets put on the block.
We are now where The Founders were when they faced despotism.

charlesoakwood

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Re: Amendment proposed to protect parental authority
« Reply #11 on: May 31, 2012, 11:08:19 AM »

All of them, every last one. 

Offline AlanS

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Re: Amendment proposed to protect parental authority
« Reply #12 on: May 31, 2012, 06:55:56 PM »
Now, if you can SHOW ME where in the Constitution it allows the government to interfere with that fundamental right (and I don't mean by way of penumbras and emanations found by communists in the courts), then I will agree that amending the Constitution might be called for.

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