Standing up to the Abuse of Power

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okay today is day 9 and we are wrapping

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up the 14th amendment we dealt with the

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new process pulse last time and this

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time we're wrapping up with the equal

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protection clause the two most powerful

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things we have in our arsenal and so

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this is the Fourteenth Amendment part

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two so very quickly we're going to walk

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through the outline you've already seen

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this outline in the last class and I'm

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going to show you where we're you know

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today and where we're completing it

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so we dealt with the due process clause

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and that's why you see that line now the

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next thing is the equal protection

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clause the part of that section one of

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the Fourteenth Amendment and remember

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the other sections of the Fourteenth

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Amendment no longer apply because

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they've dealt with individuals being

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prohibited from certain things because

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they served in the Confederacy and all

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of those people are long since passed

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away so we're only dealing with section

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1 so we're going to talk about equal

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protection what means where it comes

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from how it applies we're going to

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clarify again that it applies to all

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persons not just citizens we're going to

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talk about how equal protection is under

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mental to the concept of freedom it's

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one of the fundamental principles of how

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we in the course ensure freedom and the

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concept existed long before the 14th

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amendment was ratified and it's

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something that the federal courts have

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sought to implement long before the

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Fourteenth Amendment but the Fourteenth

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Amendment applies that concept

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specifically to the states so they have

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to comply with it as well it deals with

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classifications or how we group people

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and treat those groups differently than

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other groups and this is a legitimate

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function of government we have to be

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able to categorize people and provide

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benefits or hotel certain activities

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with certain groups there are criminal

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groups there are law-abiding groups for

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instance we have to be able to treat

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people who are within that curve

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group differently than we do people who

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are within the law-abiding group so that

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in many cases is a natural normal and

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perfectly acceptable classification but

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there are other classifications they're

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not and we'll talk about this term

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invidious and what it means and how the

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court uses it you'll see it all the time

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in equal protection cases we'll

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understand how the court has said that

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the rights must be the same for meri pet

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for married and unmarried alike and

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basically what they're saying is the

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classification of marital status cannot

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be used to discriminate against people

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in many many situations and so we're

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going to we're going to suggest based on

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what the supreme court has we paint very

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clearly said and that is that fit

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parents are the only applicable or

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acceptable class when it comes to equal

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protection of parental rights we're

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going to show how your criminal rights

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are not tied to the marriage now 100

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years or more ago it was a very common

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concept that rights to be a parent were

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directly tied to the marriage and we had

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things called bastardy laws that

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prohibited children and parents from

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having rights to one another yes they

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were the children who were conceived out

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of wedlock those ideas have changed and

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we'll show you how and why and make the

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clear argument that your parental rights

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cannot be connected to your marriage

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therefore dissolving your marriage

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cannot be the basis for depriving you of

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those rights we'll talk about Stanley

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versus Illinois it's another cases that

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get into how the treatment the courts

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are required to treat single parents the

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same as married parents so they can't

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discriminate against single parents and

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that means your rights are yours

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individually each parent has those

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rights individually they don't belong to

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the marriage and we'll talk about the

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bastardy laws and how those were

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overturned by the United States Supreme

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Court that's what we're going to do

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first is we are going to practice when a

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judge

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is keeping your child from you okay okay

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okay I checked your honor to the court's

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jurisdiction to issue orders in

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violation of the Fourth and Fifth

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Amendment I have a right to privacy and

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this disorder constitutes A's

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unwarranted search into my private

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business

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the court has failed to meet the

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constitutional requirements to order a

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search further in this order constitutes

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an illegal seizure of my person it

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forces me to be restrained in a certain

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place I objected that further because

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the court is seeking to punish me with

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deprivation of a fundamental liberty

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interest the court invokes Fifth

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Amendment criminal protections and I

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assert my Fifth Amendment right not to

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be compelled to testify and not to have

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that fundamental liberty interest in any

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way objection your honor objection your

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honor

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assert objection asserting that I have

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something to hide as a violation of my

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constitutional right I wish to have he

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stricken from the record your honor my

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only love definitely your honor this is

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not about what's in the best interest to

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decide what is in the best interest of

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the children and we have privacy rights

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as an individual that is free from

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government interference and our private

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lives we have it as adults our children

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have it Anaya sir on my behalf and my

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child's to have the action your honor

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argumentative and flama Torrey you

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cannot sit here in violation of the

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Fifth Amendment and tell me I have a

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problem for asserting my acosta see

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right and my child at this point done

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just go at the attorney the other

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attorney

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ha I'm not going to let you the parent

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keep talking so the judges go to the

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attorney and say please proceed with

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what we're here for today

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Your Honor I would like to file the

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recognition error on the field in

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violation of my Fourth Amendment rights

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my child's Fourth Amendment rights is

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constitutes a and unwarranted either of

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my child the farmer I've already ruled

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on this I understand that you test

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records that lets you reject your

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objection I also have overruled your

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objections I believe that we have the

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authority according to statute you know

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if not showing me you can have anything

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for me to consider not following statute

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your honor life objecting that you have

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not met the constitutional bar to

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intervene statute alone is not

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sufficient to provide the court

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jurisdiction to act versus dragonboat

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tells us that the court must have a

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finding of fact on the record that

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provides some basis for the courts

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action and that that basis must include

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a balancing test of all of their rights

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involved and so there they must apply

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these standards even if it costs more or

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if it's more burdensome 1/4 so they

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cannot say that hey we kneel with

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thousands of these divorce cases we

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can't possibly apply this level of

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scrutiny to everyone

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well they don't get to say that they

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must apply the proper levels of scrutiny

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if they're going to going through the

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proper rights and you are learning how

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to hold them accountable

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to that