DAY 142: JUSTICE FOR ALL

In the sequel of events leading up to the Founding Fathers March on Washington, we are dedicating today to “Justice”. It comes to you again from the Saratoga National Historic Park in upstate New York as part of this week’s “Liberty and Justice Series”. Yesterday we featured the liberty component, and today we bring substance to the other component. We have selected the Saratoga Monument, several miles up the Hudson River from the battlefield site as an ideal venue for this purpose. This monument marks the location of British surrender in 1777 and the turning point in a war which sought to overcome the injustices of an imperialist monarchy.

The patriots who fought this battle did so for liberty, property and freedom. In one word, they did it for justice. It was in our courts that the founding fathers ultimately vested this crucial responsibility. Courts were created to substitute for violence in the streets and the sort of pistol duels which took out America’s first Treasury Secretary, Alexander Hamilton. It was Hamilton, in his Federalist Papers, No. 84, who argued against a Bill of Rights because it could one day be exploited to mean that natural rights (such as parenting) were not protected. His point was logical because the Constitution did not remove natural rights from the people (See Page 7 of Parenting Rights Institute Prospectus). His concerns were ultimately satisfied by the last two Amendments in our Bill of Rights approved by the First Congress in 1789, the same year when the last attending delegates of the 1787 Convention ratified the Constitution in North Carolina.

Today, the fears asserted by Hamilton can be found in Supreme Court Justice Scalia’s dissenting opinion in Troxel v Granville, see Day 147 (grandparent rights). He found no parenting liberty in the Constitution because it was not expressly stated. It is part of that slippery slope identified by Hamilton which is leading to the ultimate surrender of our children to the state. We rely on the courts to check this slide, however, when they fail to do their job, functioning more as they do a profit center for childrearing, they lose their character and purpose. The People are then entitled to revert to natural law, self preservation and the protection of their own offspring by taking matters into their own hands.

Working illegally (“under the table”) is one example of this for support debtors. However more ominous trends are reflected in horrific events all across the country, a collective epidemic which is being suppressed by mainstream media. Very simply, abused parents are resorting to violence. In my home town alone, a police investigator took his life and that of his ex spouse moments after exiting “child support” court, leaving four minor children without their mom and dad. A mother took a knife to the throat of her divorcing husband and was sent to prison for 13 years with no child contact. A father shot his boy in front of state police in a domestic stand-off, and a decorated war veteran was killed on duty as a sheriff deputy only months ago in a similar needless stand-off.

At the same time, a purple heart soldier sought my assistance to defend against support incarceration after attempting to take his own life. In eastern New York and New England, a mother drove her children into the Hudson River and a father (Thomas Ball) burned himself alive in protest of these same laws. Clearly, these “welfare” entitlements have reached their breaking point simply because our judges continue to turn a blind eye to rampant discrimination, oppressive treatment and needless removals of children from their natural parents.

In typical fashion, a dysfunctional government is throwing more money (and gas) at these fires, treating them in the same category as “domestic violence”. This will only escalate their occurrence because a more constructive and intelligent response is being lost to money interests. Child control and domestic violence have become multi-billion dollar industries. We need to reform this antiquated caste system which I call the “custodial institution of childrearing” by simply reverting to the wisdom of our founding fathers. If you allow the people to exercise their natural rights of parenting, you will prevent violence. On the other hand, if you treat fathers and non-custodial mothers as incompetent criminals, they will act accordingly, see Day 143.

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DAY 145: THE EAGLE HAS LANDED

Saratoga National Hostoric ParkOver the past ten days since we launched the Founding Fathers March on Washington, support has grown from all over the country. If you’ve been following our daily countdown of posts, you already know that it is set for April 20, 2012 and is being organized by the Parenting Rights Institute and National League of Fathers, Inc. Among our callers is a representative of We the People Family Preservation, Inc.  This particular group appeared at our Parenting Rights Convention this past spring and is sponsoring a Family Preservation Festival at the nation’s capital for the same day as our march. The Festival covers the weekend from Thursday, April 19 through Sunday, April 22, 2012 and includes public speaking events and congressional lobby initiatives.

We have agreed to join efforts to produce a greater impact. Now our motorcade on America’s interstates to the capital beltway will have a place to land and take a stand on the subject of parenting laws and constitutional rights. To gain further participation, we are releasing this week a sequel of daily dedications called the “Liberty and Justice Series” from the Saratoga National Battlefield and Monument in historic upstate New York. You won’t want to miss this spirited segment. The first of this series, posted yesterday, was entitled “Take Back Our Courts”, and it features a New York Supreme Court ruling which I obtained from a judge who sits in Saratoga County. He was assigned to preside over an ongoing case against the state tax department. We need you to get the word out and start planning for our march. God Bless America!

November 28, 2011                                                                          Dr. Leon R. Koziol, J.D.

Utica, New York                                                                               Parenting Rights Institute

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DAY 146: TAKE BACK OUR COURTS

Day 146 of the Founding Fathers March, sponsored by the Parenting Rights Institute, is committed to judicial reform. Our march is not simply one to secure fair treatment for fathers in domestic relations matters, it is also intended to restore basic rights exercised by all people under our Constitution. Today we are focused upon the right to own and enjoy property as secured through our Bill of Rights. In divorce and support court, this right has been severely eroded simply because the state has declared that it is acting in the best interests of our children.

A case is featured on our site in which a father was made subject to an unlawful invasion of his home by a state tax department in order to seize his vehicles for so-called “child support” obligations. In fact, the father was current on his payments and a court order entered by agreement of the parents only two months earlier had specifically excluded any such seizure as a remedy for any delinquency. In addition, the warrant provided by local police and child support agents was directed to another location. In short, the “swat” team of flatbed trucks, at least two patrol cars and multiple tax agents was trespassing and stealing property like common criminals.

The subsequent civil case for damages should have been a no-brainer, but because the plaintiff-victim was a public critic of New York’s domestic relations courts, the matter was passed along between courts until venue requirements finally placed it in Albany (because an injunction was being further sought against the state tax department to avoid another swat-like assault during the holidays). However, the presiding judge there, Thomas McNamara, made it clear that he was not inclined to grant such an extraordinary remedy. He also conceded that he had not even read my court papers. Decision was put off for a week, and then, on the Friday before Thanksgiving, he denied my motion as premature and unsupported by “clear and convincing” evidence.

It was obviously another miscarriage of justice in an ongoing ordeal caused by the victim’s exercise of rights under the First Amendment. There can be no clearer case for an injunction than this one. Indeed, only six months out of law school during the eighties, I managed to secure an injunction upon a $30 million high school project on a lesser showing of proof. The case was anything but premature given its prior history and weeks of consideration. It was certainly far more developed on the record than the swat assault hastily and violently put together by a collection of law enforcement agents incapable of reading the terms of a simple one page warrant.

A lawless government cannot be tolerated by a free country. It represents tyranny of the kind which was rampant in this very same community 200 years earlier when the Crown used the people’s homes to quarter troops and seize assets. Anarchy and revolution followed along with a Constitution so that such abuses would never again scar the American continent. And yet here we are in the year 2011 faced with a judge, who like his counterparts in colonial Albany, New York, is too timid to hold our tax department accountable. In those days, the judges that did exist were more concerned with their nobility and personal livelihood than they were the rights of the citizenry.

Today’s case begs the question: what is it that Judge Thomas McNamara fears? We know that the tax department conducts audits and provides the revenues for recently scheduled judicial pay raises, see i.e. Chief Judge v Governor, 65 AD 3d 898 (AD 1, 2009)(lawsuit by New York’s court system against people of New York for judicial pay raises from $136,000 to over $170,000 annually). But the tax department is not exempt from the Constitution any more than the Governor or state police are. Why is he acting like his predecessors who presided over the people here when they were governed by a King. If our courts will allow this kind of abuse to occur to a civil rights advocate and constitutional law expert, imagine what they will do to you. Why pay for a lawyer? Please donate to the Parenting Rights Institute and help us make the Founding Fathers March happen on April 20, 2012

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