Constitutionalizing Family Law

| Section of Civil Rights and Social Justice |

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The Federalization of Family Law

Vol. 36 No. 3

Historically, family law has been a matter of state law. State legislatures define what constitutes a family and enact the laws that regulate marriage, parentage, adoption, child welfare, divorce, family support obligations, and property rights. State courts generally decide family law cases. But since the 1930s, Congress has enacted numerous federal statutes to address serious problems regarding family law matters that states have been either unwilling or unable to resolve, especially when the welfare of children is involved. Today, congressional legislation, decisions of the U.S. Supreme Court, and the participation of the United States in more international treaties have “federalized” more and more areas of family law traditionally left to the states.DivorceCorp - Consulted a minister and psychiatrist NOT Lawyer - AFLA Blog 2016

A multitude of federal laws now regulate and impact families; some specifically confer jurisdiction on federal courts. As a result, federal courts now hear a growing number of family law cases, especially those that involve complex interjurisdictional or full faith and credit issues. The Supreme Court has contributed to this federalization by “constitutionalizing” family law. It has repeatedly used the U.S. Constitution, in particular the Fourteenth Amendment, to extend constitutional privacy protections to increasing numbers of persons and to invalidate state laws in areas of law previously thought to be the exclusive province of state legislatures.

Internationalization of the law likewise contributes to federalization. As people and goods move freely across country borders, so do their family law issues and problems. The U.S. State Department now actively participates in the drafting of international treaties, working with the Hague Conference on Private International Law and the United Nations (UN) to address family law issues on a global scale. iinguanzo-v-rose-causes-20151The United States has ratified and implemented many international law conventions. The Supreme Court has noted the judicial opinions of the European Court of Human Rights in cases involving privacy rights of same-sex partners and the juvenile death penalty.

Congressional Action since the 1930s

For almost two hundred years, the fifty states regulated family law because the federal government did not. The Tenth Amendment left states with “[t]he powers not delegated to the United States by the Constitution, nor prohibited by it.” Beginning with the New Deal legislation of the 1930s, Congress has used its powers under the Commerce Clause, the Full Faith and Credit Clause, and the spending power to set policy. A brief look at the areas of child support and child protection illustrate how Congress has set the national social welfare agenda by passing laws, allocating money for programs, and requiring states to comply with federal regulations to receive funding.

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Is Your Judge On The Top 10 Corruption List?

Welcome to Leon Koziol.Com

Judge James K. Eby, Oswego County Family Court, Oswego, NY

Administrator’s Note: This is the third of a three-part series we call the “Turkey Trilogy.” It is designed to protect all litigants from corrupt judges. You should subscribe to our Parenting Rights Institute if you have any case in any court impacting your children.

With all our uncompensated work exposing court corruption over the years, we have neither the resources nor the time to make this publication viral. We leave that to you, our fellow victims, tortured as you must be during the holidays. So kindly make good therapy of your time by sending this out to the world.

Send it to fellow victims so they don’t feel “crazy” for lodging legitimate complaints to these useless state judicial commissions. E-mail a copy to your representative in Congress or state legislature, an oversight committee, good government group, your lawyer, media, even…

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Family Court Watchdog Report Delivered to Leaders at Joe Bruno Booksigning in New York City

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By Dr. Leon Koziol

Parenting Rights Institute

As the ever proliferating reform groups come and go across the country, Parenting Rights Institute (PRI) perseveres based on action. Over the years, we have lobbied Congress, sponsored conferences, litigated test cases, interacted with prominent officials, exposed corruption, testified before government commissions, produced video documentaries, authored books for court victims, submitted reports to oversight committees and Justice Department, networked with fellow advocates and conducted rallies or news conferences at the Supreme Court, federal appeals court in Manhattan and other key locations.

Now we are taking our proven services to the next level with a public interest summary and action plan to solidify our position as a watchdog enterprise for America’s divorce and family court industry. You can pontificate and engage yourselves in useless keyboard exchanges from the comfort of your homes, but the sad truth is that no one is paying you the…

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Making children the winners in custody cases

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Making children the winners in custody cases

Divorced Co-Parenting Oxymoron

Divorced Co-Parenting Oxymoron

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Seventy percent of the public supports shared parenting with mountains of social science research.

Seventy percent of the public supports shared parenting with mountains of social science research.

Ignoring mountains of empirical data that shows shared parenting to be in the best interest of families.

Ignoring mountains of empirical data that shows shared parenting to be in the best interest of families.