The threat to parental rights in America is a result of the precarious current standing of these rights in the courts.
The Supreme Court has identified specific categorizes of rights that are protected by the Constitution. A right may be fundamental or non-fundamental, and it may be either an explicit right or an implied right. The right of parents to direct the upbringing and education of their children is a fundamental, implied right.
ABOUT FUNDAMENTAL RIGHTS
Fundamental rights include, among others, the freedom of speech and expression, the right to participate in elections, and the right to be shielded from racial discrimination. Before infringing on these rights, the government must first demonstrate that it has an interest "of the highest order" and that it is using the "least restrictive means."
The burden of proof is placed squarely on the shoulders of the government. On the other hand, non-fundamental rights receive far less protection. The government only needs to show that it has a rational reason to restrict non-fundamental rights: the burden of proof is on the citizen to show that the state’s actions are irrational and illegitimate.
ABOUT IMPLIED RIGHTS
The Court also recognizes a distinction between explicit rights and implied rights. An explicit right – such as the freedom of speech or the right to be free from cruel and unusual punishment – is expressly stated in the black-and-white text of the Constitution. An implied right, on the other hand, must be drawn from other general provisions of the Constitution, which imply (in the Court’s determination) that the right exists. The Court then undertakes to define what protections this implied right merits. Throughout our history, courts have consistently ruled that implied rights are entitled to the same protection as explicit rights.
We Publicly Declare that every election everywhere from this day forward will center around whether or not the candidate has lived a life of pushing for Family Court Reform that focuses on 50/50 Shared Parenting!!!
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Posted by All Pro Dad on Monday, October 12, 2015