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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THE ALIENATOR

I am an alienator. You know me well. You lived with me once and you witnessed my behavior patterns but you did not spend time studying and internalizing them. I know your behavior patterns better than you know them yourself. I know how to measure you, test you and control you. I know what your hooks are and I know that the depth of the love for your children is a weakness I can exploit. I am an emotional terrorist. I will terrify you into submission. You will do as I tell you to do, if you do not, I will take your children away.

I am an alienator, you didn’t notice that when we lived together but I began my work long before we went our separate ways. I created fissures and fractures within our family and I managed and manipulated reality, though for a long time you did not notice that.

I am an alienator, at times in the past you felt a chill wind blow through you when my moods changed as I raged and then sweet talked you to smooth the ripples in your growing awareness. My mind is distorted but the projection of shadows causes you to believe it is yours which has failed you. Eventually you came to believe that it was you and not I who was crazy. You shivered as I turned down the gas light.

When you appeal to the outside world for assistance I will turn my most charming face to the sun and open my arms wide and beseech them to believe that I only want the best for my children. I will widen my eyes and up turn my palms and say ‘what can I do when they don’t want to see you’ and suck into my airspace all those who attempt to bring change to the lives of the weapons I know I can use.

My children are assets, collateral, extensions of plans that I make to wreak my revenge upon people who challenge my views or attempt to remove the control that I have in my life.

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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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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.

Anti-Corruption Rally ~ Washington D.C.

Anti-Corruption Rally ~ Washington D.C.

Letter To Mothers With Daughter

https://youtu.be/5ZVmo_AxXkM?list=PL8JCdJuX7R3uMNAnu9Z-8d-6vvu1MyiCh

An Open Letter To Mothers With Daughter9cb2b-pledge2

Adios Fidel!!

History will absolve me

…is what Fidel Castro told the court that sentenced him to fifteen years for a failed coup attempt prior to his successful overthrow of the Cuban government. Pardoned and exiled, Castro returned and executed a successful coup against the Batista regime.

History has not absolved Castro.

History will condemn him.

The history of Cuba from 1959 to the present is the history of all communist dictatorships– a failed economy; a people without rights of expression and movement and ownership of private property.

The philosopher Ayn Rand wrote that there can be no rights without property rights, and history and Castro and Cuba have been a microcosm of her proof.

Our community is populated by Cuban ex-patriots whose only crimes was the ownership of property, the running of a business, and education.

When Castro imposed his dictatorship on Cuba, the doctors, lawyers, engineers, farm owners, and merchants were the first to flee torture, imprisonment, theft of their homes and businesses, and murder. Those who could not own the rights to their abilities would not stay in a society founded on altruist-collectivism.

From each according to his ability to each according to his need  cannot succeed when those with ability refuse to serve those with need.

Cuba today is an economic and ecological disaster. The farms cannot produce because the land hasn’t been taken care of. Knowledgeable farmers who had their land confiscated “for the people” left. With farm production falling, there was little to sell and GDP fell. With his country teetering on economic collapse, Castro moved Cuba into the Soviet sphere, where the Soviets propped up the Cuban economy for the next forty years until the Soviet Union collapsed. With no sponsor for his communist state, Cuba fell into economic collapse in the 1990’s; its people starving and its economy anemic.

Today Cuba is a county frozen in time. Cars and households and infrastructure remain frozen in 1959. The country cannot produce money to do more than barely feed its citizens. Technology is almost unheard of. There is nothing that Cuba produces that is new or enviable. Even its tobacco farms have fallen into fallow.

History has spoken. The Cuban revolution and communist dictatorship have failed. Hundreds of thousands of good people had their property stolen. There are no free elections, and in 2016 the country teeters without basic technology on the brink of economic collapse.

There are not many things that we can accurately predict, but this is a one hundred percent given: in days, weeks, months or even a few more years, Cuba’s totalitarian
communism and Fidel Castro will be consigned to the ash-heap of history.

Soviet Premiere Khrushchev once famously told a group of western diplomats “we will bury you.”

Cuba is burying Fidel.
And the world will soon bury Cuban totalitarian communism. 

Guaranteed!

SOURCE: JUSTICE BUILDING BLOG: HISTORY WILL ABSOLVE ME

An Open Letter To Mothers With Daughter’s

It’s time to break this cycle. Our children’s future depends on it.

Today, I want to focus on women who are in the midst of a divorce/ potential custody battle with the father who wants to co parent in a shared custody arrangement. I also want to talk about women who date emotionally unavailable men, who also find themselves constantly in a relationship with men who mistreat them. There is a reason for this. If you think you have just had a string of really bad luck, then my wish is that you take the time you truly deserve, and ask yourself why you are stuck in this cycle, of choosing men who hurt or reject you.

Dear Mothers of Daughter’s,

Before reading my article today, I want you to go back in memory to your childhood, and ask yourself, what kind of man was your father? We will come back to this a little later.

The reality is if you are reading this, half of you, grew up in a divorced home.

Unfortunately, we live in a world where the divorce rate succeeds marriage. Children often become the victims…

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Concerned Citizens for Family Law Reform

We the people of the Great State of Florida do hereby request that our current #GovernorScott issue the following executive orders. It is within his power to do so. 1. An immediate executive order inacting the alimony language as part of the now VETOED #SB668 since #GovernorScott has expressed no objections to this language. 2. An immediate excutive order inacting childshare language that reforms the current childsharing provision of family law that the Governor can and does agree to. 3. A full investigation into the Florida Family Law Section of the Florida Bar in it use of member funds to fund the hiring of lobbyist to oppose #SB668 as it was not in their best interest. While many family lawyers who are members (required) of the Bar disagreed with the position of the Family Law Section, the Section acted independently and against their will. This is in direct violation of the US Supreme Court baring such actions in a forced membership organization. See North Dakota Family Law Section Lawsuit. Call Rick Scott today and demand Executive Action. (850) 488-7146 (850) 488-4441 (850) 717-9337 rick.scott@eog.myflorida.com

***Call to Organize***Call to Organize***
CONCERNED CITIZENS FOR FAMILY LAW REFORM PAC
Money is one of the main key’s to influence. Money is what drove a VETO on #SB668. Nothing else. Follow the trail as we have.

We want an open an INCLUSIVE process towards alimony reform. We are in the preliminary stage of creating a political action committee (PAC) to represent our voice. Our PAC will be dedicated to FAMILY LAW REFORM with a focus on alimony, equal time-child-share, parental alienation and lawyer billing practices.

We are seeking TALENTED volunteers (there will be no paid positions) for the following: (1) Treasurer (prefer accounting background and experience), (2) Membership Director, (3) President, (4) Chief Legal Advisor, (5) Secretary

Additionally we are seeking other volunteers to assist with membership outreach, media planning, and legislative planning. Our charter and bylaws will soon be filed to become official and you will be hearing more from us in the near future. STAY TUNED.

In no way is this organization meant to replace the efforts of other fine organizations. Our purpose is to ensure reform occurs, our voices are heard, and we are influencing the outcome and agenda of such reform.

Private message us if you have an interest in volunteering for the leadership and support roles for Concerned Citizens for Family Law Reform PAC.

 

Concerned Citizens for Family Law Reform. 18 likes · 6 talking about this. This page is dedicated to the reform of family laws that are unjust and unfair.

Source: Concerned Citizens for Family Law Reform