A Constitutional Amendment: the Only Way to Protect Parental Rights to Direct the Upbringing and Education of Their Children

Only available on StudyMode
  • Download(s) : 87
  • Published : November 10, 2008
Open Document
Text Preview
A Constitutional Amendment:
The Only Way to Protect Parental Rights to Direct the Upbringing and Education of Their Children

English 1020
May 1, 2008

Outline
Thesis: In order to ensure that parental rights concerning the upbringing and education of their children remain fundamental rights in America, there must be an amendment to the United States Constitution explicitly stating parental rights. I.Parental rights are not specifically protected under the United States Constitution. A. The Fourteenth and Ninth amendments to the Constitution B. Judicial interpretation of these amendments

II. The United Nations Convention on the Rights of the Child A.What the CRC is
B.What the CRC does
C. Why the CRC is a problem for American families III. Parents must unite to fight the attack on parental rights. A.Moral issues should not be decided by the government

B.Attack in areas such as: public school, Dept. of Children’s Services, the healthcare system, and home schoolers IV. Customary international law
A.What customary international law is
B.How customary international law works
V.An Amendment to the United States Constitution is the only way to protect parental rights against both Supreme Court decisions that overrule parents and the threat from international law. Appendix: Draft for Constitutional Amendment protecting parental rights written by parentalrights.org.

A Constitutional Amendment: The Only Way to Protect Parental Rights to Direct the Upbringing and Education of Their Children.
Parental rights to direct the upbringing and education of their children, which have been upheld for centuries, are now in question. Parental rights are being attacked by federal judges who deny or refuse to recognize the rights of parents to direct the upbringing of their children as basic fundamental rights (Farris, “Parental Rights”). Furthermore, the United Nations Convention on the Rights of the Child, which seems harmless on the surface, has dangerous implications for American families (Farris, “Parental Rights”). The only way to ensure that parental rights are protected and remain recognized as fundamental rights in the United States is an Amendment to the United States Constitution explicitly protecting the rights of parents to make decisions concerning the upbringing and education of their children (parentalrights.org).

Parental rights are not currently protected by the Constitution of the United States. Controversy arises when Supreme Court Judges are left to interpret the Constitution as it currently stands. Two Constitutional Amendments are currently considered when decisions are made in the Supreme Court concerning parental rights (Farris, “Parental Rights”). The Ninth Amendment’s declaration of reserved rights states, “The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people” and, the Fourteenth Amendment, Section 1 states, “…No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty or property, without due process of law…” There is no protection here explicitly protecting parental rights (Protecting Parental Rights).

According to The Legal Information Institute of Cornell University Law School, in the most recent Supreme Court case involving parental rights, Troxel v. Granville, Supreme Court Judges interpreted the Constitution very differently (Troxel V. Granville 99-138). Justice Scalia, a Supreme Court Judge, made it clear that he is a political supporter of the concept of parental rights. He believes that this right is an inalienable human right and was included within the Ninth Amendment’s declaration of reserved rights and yet, because parental rights are not explicitly stated in any constitutional language,...
tracking img