DAY 143: Liberty Right Under the American Constitution

This week we feature the “Liberty and Justice Series” in the sequel of dedications leading up to the Founding Fathers March on Washington set to occur on April 20, 2012. It comes to you from the hallowed grounds of the Saratoga National Battlefield. Women continue to be the dominant responders behind our cause for domestic relations reform and preservation of constitutional rights. Among them is a very dynamic and talented victim in New York City seeking to reverse a custody order which reduced her to a status dominated by men, the “non-custodial” parent.

This woman asked to join our Institute because of a keen understanding of the system. She knows how it is harming both men and women through the exploitation of our children. She understands how the system causes good moms and dads to fight with one another so that contributions can be made to the needy lawyers’ fund instead of our families and children. If all moms and dads could come together like this, we would be a real force. Instead, it’s more money for lawyers, less money for you, so keep clicking uselessly on those lazy keyboards, or get busy doing something about it, like this woman has.

Today is dedicated to that time honored concept of “Liberty”. Fewer Americans each year retain a true appreciation for this particular aspect of our Constitution. Yet our country was built upon it, countless veterans sacrificed themselves for it, and the patriots here at Saratoga Battlefield gave their lives for it. This is the component of our series which enables you to type on your keyboards, quit your work, collect benefits, open a business, move to another state and pursue an education or calling. It also guarantees your right to bring children into the world and raise them without undue state control.

These and other liberties are not specified in constitutional text because our founding fathers recognized their inherent existence in the laws of nature. Imagine a delegate in 1789 seeking to draft a parenting liberty into our Bill of Rights. He would undoubtedly be laughed out of the Convention. It was too fundamental in its day to require expression among those fringe rights being violated by the former mother country, for example speech and press. Justice Scalia is the only member of the Supreme Court unable to grasp this. All other justices, joined by the vast majority on the bench during the 20th Century, have understood this right, repeatedly declaring it to be the “oldest liberty interest” protected by our Constitution.

The violation of the parenting right is principally recent vintage due to the vast increases in divorce and lawyers in society, some 300,000 sharks in California alone. There is simply no one outside the feeding frenzy with sufficient courage and patriotism to challenge this. As one of the few conscientious ones who did, after 23 years of unblemished practice, I was suddenly deemed unworthy by this profession. Details can be found in my federal court filings. This parenting right is largely indistinguishable from speech, press and assembly. However, because the state claims an interest in our children, the courts allow it to infringe upon this right with impunity. The focus upon money disguises a reality that the state is exploiting the laws of nature.

Such exploitation is being challenged in my test cases. Understand it as a four tier caste system among parents which keeps them in a constant state of opposition. Instead of facilitating free parenting agreements and mediation, state and federal support formulas require all separated parents to name a “custodial” and “non-custodial” parent. Moms, dads and untitled parenting orders are not allowed in these court processes. Consequently, a lucrative caste system has developed which keeps the litigation coming until no money is left to fight over.

The top tier is occupied by custodial moms. These parents receive money awards and the power to regulate members of the lower tiers. The next tier is reserved for custodial male parents. These are unconventional occupiers who enjoy many of the same benefits as their counterparts, but because their adversaries are women, judges are not inclined to throw support delinquents and contempt candidates in prison. Statistics and case studies bear this out. The third tier is the conventional non-custodial father who is made to feel proper in a weekend warrior role even though he is accorded little right to participate meaningfully in his children’s lives.

Judges are sadistically programmed to incarcerate this third class of parent for support delinquencies. They gain political satisfaction with the violence stigma and dead beat slurs associated with this parenting class. It’s a “slam dunk” as one New York magistrate put it. The bottom tier is occupied by non-custodial female parents. These are the walking dead in the sense that they are deprived the same rights as the earlier tier but they are stigmatized as drug addicts, mental incompetents or child abusers. Simply stated, they exist under the stigma that something is seriously wrong with them to be remanded to this status, no matter how they endeavor to explain it.

This four caste structure is maintained despite its antiquated nature, derived from a day when moms stayed at home. In the case of Webster v Ryan, 729 NYS 2d 315, a veteran judge even declared that “custody and visitation have outlived their usefulness”. Such institutional terms keep parents fighting in a court system which cannot deliver justice because of its inherently unjust structure. This is fundamentally a violation of our liberty interests in free parenting. The caste structure must be removed except in cases of genuine abuse, neglect or abandonment, or the traditional justifications used by the Supreme Court for state interference. However, because money is at its core, not the “best interests” of our children, reform can only come through marches such as ours on the final frontier of civil rights remaining unchecked in America today.

November 30, 2011                                                                                Dr. Leon R. Koziol, J.D.
Saratoga, New York                                                                                Parenting Rights Institute

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