Constitutionalizing Family Law

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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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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