James Madison, Father of our Constitution, says in Federalist No. 45 (3rd para from end):
<http://www.foundingfathers.info/federalistpapers/fed45.htm>
"The powers delegated by the proposed Constitution to
the federal government are few and defined. Those which are to remain in the
State governments are numerous and indefinite. The former will be exercised
principally on external objects, as war, peace, negotiation, and foreign
commerce; with which last the power of taxation will, for the most part, be
connected. The powers reserved to the several States will extend to all the
objects which. concern the lives, liberties, and properties of the people, and
the internal order, improvement, and prosperity of the State."
Do you see? We delegated only "few and defined"
powers to the federal government over the Country at Large. These are the
"enumerated powers" actually listed in the Constitution.
These enumerated powers over the Country at Large concern:
*Military defense, international commerce & relations;
*Control of immigration and naturalization of new citizens;
*Creation of a uniform commercial system: Weights &
measures, patents & copyrights, money based on gold & silver,
bankruptcy laws, mail delivery & some road building; and
*With some Amendments, protect certain civil rights and
voting rights.
It is only with respect to the "enumerated powers"
that the federal government has lawful authority over the Country at Large. All
other powers are "reserved to the several States" and The People.
So! Where in the Constitution did WE THE PEOPLE delegate to
the federal government power over children and their care and upbringing? We
didn't. Accordingly, it has no lawful authority over these objects.
Thus, any federal law, treaty, executive order, agency
rule, or court opinion which pretends to exercise such power over children is unconstitutional
as outside the scope of enumerated powers delegated to the federal government
for the Country at Large.
See? This is all very simple.
So then, how does the federal government go about obtaining
lawful authority over the care and upbringing of children? By means of lies,
trickery and deceit:
The so-called "Parental Rights" Amendment
Let us now read it. Here it is from the website of the
deceptively named, parentalrights.org:
<http://www.parentalrights.org/>
"SECTION 1
The liberty of parents to direct the upbringing, education,
and care of their children is a fundamental right.
SECTION 2
The parental right to direct education includes the right to
choose public, private, religious, or home schools, and the right to make
reasonable choices within public schools for one's child.
SECTION 3
Neither the United States nor any State shall infringe these
rights without demonstrating that its governmental interest as applied to the
person is of the highest order and not otherwise served.
SECTION 4
This article shall not be construed to apply to a parental
action or decision that would end life.
SECTION 5
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."
Look at Section 3! We will go through each section. But
first, two general observations:
1. Parents have Responsibilities to their children, not
"rights" over them.
The Creator God who - as recognized by the Signers of our
Declaration of Independence - endowed us with unalienable Rights; also assigned
to parents specific responsibilities to their children. 7 Among these are:
*Provision for children: 2 Corinthians 12:14; Proverbs
13:22; 1Timothy 5:8; 2 Thessalonians 3:10-12.
*Education and moral instruction of children: Proverbs
1:8-9, 6:20-21, 13:1, 22:6 & 23:19-22; Genesis 18:19;
Deuteronomy 4:9-10 & 6:1-7; Ephesians 6:1-4; 2 Timothy 1:5 & 3:15-17.
*Discipline of children: Proverbs 13: 24, 15:5, 19:18,
22:15, 23:12-14, 29:15-17; Hebrews 12:5-11; Colossians 3:21.
Parents are supposed to provide for, care for, teach,
protect, and educate their children. NOT civil government!
2. The Judicial Power of the Federal Courts
Article III, Sec. 2, cl. 1, U.S. Constitution, enumerates
the powers of the federal courts:
"The judicial Power shall extend to all Cases, in Law
and Equity, arising under this Constitution, the Laws of the United States, and
Treaties made, or which shall be made, under their Authority;."
"Judicial Power" refers to the power of courts to
hear and decide cases.
Amendments are part of the Constitution. Thus, federal
courts have power to decide issues addressed by Amendments.
The PRA would transform "families" and
"children" from matters over which the federal government now has no
lawful authority to matters under the total control of the federal government.
The PRA is a delegation of lawmaking power over families and
children to the federal government. Congress may make whatever laws it pleases
pertaining to YOUR children; the Executive Branch may issue whatever rules or
orders it pleases pertaining to YOUR children - and under Section 3 of
the PRA, federal judges will decide whether these laws, orders & rules
serve the government's interest. If so, you lose.
Lawsuits involving these matters would become cases
"arising under this Constitution", or "Laws of the United
States", or "Treaties", which would ultimately be decided by
five (5) judges on the supreme Court. The authority of millions and millions of American parents would be
transferred to five (5) judges on the supreme Court.
That Court has a long history of perverting every word of
our Constitution it touches. 8 It is suicidal to transfer Family Authority to
that Court.
Let us now look at each section of the PRA:
"Section 1: The liberty of parents to direct the
upbringing, education, and care of their children is a fundamental right."
Just as the supreme Court sees the First Amendment as the
source of our right to free speech, and they decide what speech is protected by
that Amendment and what speech is not, 8 so it will see the PRA as the source
of "parental rights", and they will decide what "rights"
parents have and what "rights" they do not have.
Consider also: Do the words "upbringing" or
"care" in Section 1 include religious training, discipline, diet,
medical treatment, and whether the child may wield a hoe in the family garden?
What does it mean that these are not listed? That parents have no
"rights" regarding these issues? The supreme Court will decide what it means.
"Section 2: The parental right to direct education
includes the right to choose public, private, religious, or home schools, and
the right to make reasonable choices within public schools for one's
child."
What is not included in the parental right to direct
education? What is a "reasonable" choice? Who decides what is not
included and what choices are "reasonable"? Federal judges decide.
"Section 3: Neither the United States nor any State
shall infringe these rights without demonstrating that its governmental
interest as applied to the person is of the highest order and not otherwise
served."
Do you understand this Section? Whatever "parental
rights" you think you have will be infringed by the federal government or
the State governments if they have a good reason for it. Federal judges will
decide whether the federal or State governments have a good reason to infringe
your "parental rights".
What? Does this mean that parents retained the
"right" to make these decisions? Or does it mean that the PRA does
not "protect" that right, hence parents no longer have it?
I suggest to you that federal courts will construe this
section to mean that parents will no longer be permitted to make decisions
about terminating or continuing medical care for their seriously ill, injured ,
or "defective" (Downs' syndrome, birth defects, etc.) children.
Do not forget:
<http://www.jillstanek.com/2008/02/links-to-barack-obamas-votes-on-illinois-born-alive-infant-protection-act/>
We elected as President a man who supports the murder of little babies who
survive abortions. Is this man going to appoint federal judges who disagree
with the killing of children?
"Section 5: 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."
The PRA does not stop the President and Senate from
ratifying the UN Declaration on The Rights of the Child.
NO RIGHTS ARE GUARANTEED BY THE PRA! You cannot name one
"parental right" which cannot be voided if the federal or state
government shows federal judges that the government has an interest in voiding
the right.
Further, since the PRA makes federal control of children an
enumerated power, it is the PRA itself which would give the U.S. Senate
constitutional authority to ratify the U.N. Declaration on the Rights of the
Child!
The PRA is monstrously deceitful.
Here is the PRA which has been introduced in the current
Session of Congress: H.J. Res. 50 <http://www.gpo.gov/fdsys/pkg/BILLS-113hjres50ih/pdf/BILLS
113hjres50ih.pdf>
Here is a list of House sponsors of the PRA in this Session
of Congress. Form delegations and go see your Representatives. Instruct them! I
bet they never read it before they endorsed it. http://www.parentalrights.org/index.asp?Type=B_BASIC&SEC=%7b48D114CD-BD70-4776-A32A-5661013D8897%7d
Put Not Your Trust in Princes
People! Your blind trust in charlatans and politicians is destroying
us. They pretend to be what they are not in order to deceive you. Stop
flaunting your blind trust as a mark of virtue. Blind trust in humans is
irresponsible - it is not a virtue. PH
Endnotes:
1 E.g., we assume the "Balanced Budget" Amendment
is about curtailing federal spending. Since we don't look behind the name, we
don't know that the BBA is really about eliminating the enumerated powers
limitation on spending & legalizing what is now unconstitutional spending. <http://publiushuldah.wordpress.com/category/balanced-budget-amendment/>
2 See:
Congress' Enumerated Powers, <http://publiushuldah.wordpress.com/2009/09/08/congress-enumerated-powers/>
President's Enumerated Powers,
<http://publiushuldah.wordpress.com/2011/08/30/the-presidents-enumerated-powers-rulemaking-by-executive-agencies-executive-orders/>
Enumerated Powers of the Federal Courts.
<http://publiushuldah.wordpress.com/2009/06/22/the-judicial-power-of-the-federal-courts/>
3 Read the Tenth Amendment!
4 parental rights.org has been using the UN Declaration on
the Rights of the Child to terrorize parents into believing that only the PRA
can save them from the UN Declaration.
You must learn about the treaty making powers of the United
States.
The President and Senate may not lawfully circumvent the
Constitution by international treaties - they may not do by treaty what they
are forbidden to do by the Constitution.
Since the Constitution delegates NO powers over children to the federal government, they may not lawfully
circumvent the Constitution by ratifying the UN Declaration.
<http://publiushuldah.wordpress.com/category/treaty-making-powers-of-the-united-states/>
These 2 papers explain the treaty-making power.
It is the PRA which would give the federal government lawful
authority to ratify the UN Declaration! So the PRA is a monstrous deception.
5 Accordingly, they are proper objects of nullification.
<http://publiushuldah.wordpress.com/2013/01/31/james-madison-rebukes-nullification-deniers/>
6 Parental rights.org periodically changes the text of their
proposed PRA.The version set forth herein was copied from their website during
June 2013.
7 To my friends in the Ayn Rand camp: These are historical
facts - the Biblesays what it says and our Framers believed it. Ayn Rand had no argument with the Natural Law
Principle that parents have the responsibility of raising their own children.
8 The supreme Court looked at the word, "liberty"
in Sec. 1 of the 14th Amendment and said it means
"privacy"; and "privacy" means "women may kill their
unborn babies"! A short time later, they looked at the same word and decided
that it means, "homosexual sex is a liberty right"! Do you see? That Court treats the 14th Amendment as
Marquis de Sade's play dough.
<http://publiushuldah.wordpress.com/2011/01/10/judicial-abuse-of-the-fourteenth-amendment-abortion-sexual-orientation-gay-marriage/>
And look at how that Court has butchered the First
Amendment: That Amendment says, in part: "Congress shall make no law
.abridging the freedom of speech."
Since speech control is not one of the enumerated powers
delegated to Congress over the Country at Large; and since all legislative
Powers granted by our Constitution are vested in Congress (Art. I, Sec. 1); neither
the Executive nor Judicial Branches have power over "speech" for the
Country at Large.
Regulation of speech is reserved to the States and the
People (10th Amendment). The
States exercised this retained power by means of State laws against defamation,
intentional infliction of emotional distress, intrusion upon seclusion,
publicity given to private life, etc., etc.
Yet the supreme Court treats the First Amendment as the
source of our right to free speech, and they decide what speech is
"protected" by the First Amendment and what speech is "not
protected" by the First Amendment. If the former, you may say it; if the latter, you may not say it.
The supreme Court has usurped power to censor our speech!
So! In Snyder v. Phelps (2011), the Westboro Baptists
picketed, with vile and defamatory signs, the funeral of an American Soldier
who was killed in action. The bereaved Father filed a lawsuit under various
State Laws such as defamation, intentional infliction of emotional distress,
etc. http://www.supremecourt.gov/opinions/10pdf/09-751.pdf
The Jury found for the Father and held Westboro liable for
$2.9 million in compensatory damages and $8 million in punitive damages.
But the supreme Court overturned the Jury Verdict and said
that the Westboro Baptists had a "right" protected by the First
Amendment to spew their malice at this young soldier's funeral, and it mowed
down the State laws which made such defamatory speech actionable.
This is how the supreme Court construes an Amendment which
merely prohibits CONGRESS from making laws restricting speech!
The federal government has no lawful authority over speech
in the Country at Large! Yet those lawless judges on the supreme Court have
also seized power to forbid students from leading Christian prayers in the
public schools!
<http://publiushuldah.wordpress.com/2009/06/19/religious-freedom/>
9 Jill Stanek is an
RN who worked in the Labor & Delivery Department in an Illinois hospital
where aborted babies born alive were left to die. <http://www.jillstanek.com/bio/> Read her article where she proves that our President
opposed Illinois' Born Alive Infant Protection Act. Obama wanted the babies to
die. <http://www.jillstanek.com/2008/02/links-to-barack-obamas-votes-on-illinois-born-alive-infant-protection-act/>
How can you put YOUR children in the hands of judges this
man nominates?
UPDATE: Michael Farris has requested the opportunity to
speak to Publius Huldah's critique of his Parental Rights Amendment. You can
read his critique here.
<http://freedomoutpost.com/?p=9593>
Source: Freedom Outpost
http://freedomoutpost.com/2013/07/parental-rights-act-congressmen-are-selling-you-and-your-kids-out-to-big-government/#ixzz2YkRYzJMI
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