According to the Constitution of the United States, neither the federal nor the state governments have the right to impose compulsory education laws on us. By doing so, they have overstepped their bounds which are outlined in the Constitution, as well as stepped on the natural rights God has blessed us with.
When the founders created the Constitution, their main objective was to form a Nation where the liberties of the People were protected first and foremost. In order to do this, they knew that they would have to set up a government that would protect those liberties from all enemies; this government itself would therefore need restrictions and boundaries to keep it from interfering with the lives of its citizens. They had learned from their experience, and the experiences of their ancestors, that no government could safely be entrusted to direct the lives of a people. Government can be so easily corrupted, and so easily twisted as to makes restrictions on their powers a necessity for the welfare and liberty of the inhabitants of the land; the founders knew and understood that. This is why they created the Constitution in the way that they did:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” (Preamble to the Constitution.)
Amendment 9 - Construction of Constitution
When the founders created the Constitution, their main objective was to form a Nation where the liberties of the People were protected first and foremost. In order to do this, they knew that they would have to set up a government that would protect those liberties from all enemies; this government itself would therefore need restrictions and boundaries to keep it from interfering with the lives of its citizens. They had learned from their experience, and the experiences of their ancestors, that no government could safely be entrusted to direct the lives of a people. Government can be so easily corrupted, and so easily twisted as to makes restrictions on their powers a necessity for the welfare and liberty of the inhabitants of the land; the founders knew and understood that. This is why they created the Constitution in the way that they did:
“We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.” (Preamble to the Constitution.)
Amendment 9 - Construction of Constitution
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
To make it plainer: we have more rights than are listed in the Constitution; that list shall not be used to say that we don't have other rights. To apply this amendment: the government can't tell us that we don't have the privilege to raise and educate our children as we see fit, simply because that right isn't explicitly listed in the Constitution. We retain it as a natural, God-given right.
"But," you may ask, "surely you'll agree that all children ought to be educated? What if the parents are neglectful to their child and does not take steps to make them educated?" To this I say: "You are implying that you want some guaranty that all children will be educated. That guaranty does not exist now even with our compulsory education laws!" Many children are still doing poorly in schools and not getting the education they deserve. Guaranties of that sort are not possible in a free society because it aims to eliminate agency: the idea is that since humans make mistakes, in order to get a desired result consistently from them one must make them incapable of failing; in this case that is concerning parenting. One of the best incentives for learning is when the parents are involved. The family is ordained of God: He created Adam and gave him a "help meet," or a helper that was equal to him, that would complete him and his needs; her name was Eve, and she was the first wife and mother on earth. Then He commanded them to multiply and replenish the earth. In this is the implication that they had charge over the upbringing of their offspring. This commandment to multiply and replenish all the earth has been handed down to all mankind. Now, when God tells us to do something He always prepares a way for us to do it; this is why I believe that all parents have been blessed with certain attributes and resources that make them capable of raising their children well. I also know that God is perfect: He always does what will yield the best results in the long-term. This to me means that since the organization of families is ordained of God, having children be raised by their own parents is the optimal way for them to grow up. May I just say right now that are certain situations where this may not be true. This is not because the principle is untrue, but because people are not perfect, and God allows people their agency. Still, I propose that because families have been designed and put into place by God this signifies that children being brought up as their parents see fit is the best way for them to be brought up. And because parental authority is so obviously natural, we should reserve responsibility and authority over children to the parents. This is the best guarantee we have of raising wise and educated children.
We have to make a choice between liberty and impossible guaranties. As Benjamin Franklin said, “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” That's the truth, and I would assert that if you give up your essential liberties for some fantastical security, you are going to end up with neither. Your liberties are your security, and that is why the Constitution was put into place. This is seen as bright as daylight in the Declaration of Independence where the founders explain why they are separating from England: their God-given, natural rights were not being respected. They wanted to live in such a way that these rights could not be taken away; Hence, the separation. Next, because they realized that only individual liberty could ensure safety, they created a union between all the states, and built the Constitution to protect the rights of its people.
Amendment 14 - Citizenship Rights
To make it plainer: we have more rights than are listed in the Constitution; that list shall not be used to say that we don't have other rights. To apply this amendment: the government can't tell us that we don't have the privilege to raise and educate our children as we see fit, simply because that right isn't explicitly listed in the Constitution. We retain it as a natural, God-given right.
"But," you may ask, "surely you'll agree that all children ought to be educated? What if the parents are neglectful to their child and does not take steps to make them educated?" To this I say: "You are implying that you want some guaranty that all children will be educated. That guaranty does not exist now even with our compulsory education laws!" Many children are still doing poorly in schools and not getting the education they deserve. Guaranties of that sort are not possible in a free society because it aims to eliminate agency: the idea is that since humans make mistakes, in order to get a desired result consistently from them one must make them incapable of failing; in this case that is concerning parenting. One of the best incentives for learning is when the parents are involved. The family is ordained of God: He created Adam and gave him a "help meet," or a helper that was equal to him, that would complete him and his needs; her name was Eve, and she was the first wife and mother on earth. Then He commanded them to multiply and replenish the earth. In this is the implication that they had charge over the upbringing of their offspring. This commandment to multiply and replenish all the earth has been handed down to all mankind. Now, when God tells us to do something He always prepares a way for us to do it; this is why I believe that all parents have been blessed with certain attributes and resources that make them capable of raising their children well. I also know that God is perfect: He always does what will yield the best results in the long-term. This to me means that since the organization of families is ordained of God, having children be raised by their own parents is the optimal way for them to grow up. May I just say right now that are certain situations where this may not be true. This is not because the principle is untrue, but because people are not perfect, and God allows people their agency. Still, I propose that because families have been designed and put into place by God this signifies that children being brought up as their parents see fit is the best way for them to be brought up. And because parental authority is so obviously natural, we should reserve responsibility and authority over children to the parents. This is the best guarantee we have of raising wise and educated children.
We have to make a choice between liberty and impossible guaranties. As Benjamin Franklin said, “They who can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.” That's the truth, and I would assert that if you give up your essential liberties for some fantastical security, you are going to end up with neither. Your liberties are your security, and that is why the Constitution was put into place. This is seen as bright as daylight in the Declaration of Independence where the founders explain why they are separating from England: their God-given, natural rights were not being respected. They wanted to live in such a way that these rights could not be taken away; Hence, the separation. Next, because they realized that only individual liberty could ensure safety, they created a union between all the states, and built the Constitution to protect the rights of its people.
Because of the punishments in place for not abiding by the compulsory education laws, the State governments have violated the 4th amendment:
Amendment 4 - Search and Seizure
Amendment 4 - Search and Seizure
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Wouldn't you say that arresting a person for protecting their child from what they consider to be harmful is an unreasonable search and seizure, and that therefore we are not secure in our persons? What about forcing a child to go to public-school? Isn't that a search and seizure?
Wouldn't you say that arresting a person for protecting their child from what they consider to be harmful is an unreasonable search and seizure, and that therefore we are not secure in our persons? What about forcing a child to go to public-school? Isn't that a search and seizure?
Amendment 14 - Citizenship Rights
1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. 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; nor deny to any person within its jurisdiction the equal protection of the laws.
Hear that? “No State shall make or enforce any law which shall abridge---” that means to take away from--- “the privileges---” such as directing the upbringing of our children, because of the 9th amendment--- “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; nor deny to any person within its jurisdiction the equal protection of the laws." Due process of law means that the parties specified must act according to the laws of the land, which protect the liberties of the people. Simply passing a law to change something that is illegal in the Constitution into something legal would not be due process of law. So even though Compulsory Education is legal, it's not Constitutional. States' Compulsory Education laws are unconstitutional because they require the parents to give up their privilege to have the authority over the upbringing of their children, using search and seizure as a threat in order to enforce it.
Amendment 10 - Powers of the States and People
Hear that? “No State shall make or enforce any law which shall abridge---” that means to take away from--- “the privileges---” such as directing the upbringing of our children, because of the 9th amendment--- “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; nor deny to any person within its jurisdiction the equal protection of the laws." Due process of law means that the parties specified must act according to the laws of the land, which protect the liberties of the people. Simply passing a law to change something that is illegal in the Constitution into something legal would not be due process of law. So even though Compulsory Education is legal, it's not Constitutional. States' Compulsory Education laws are unconstitutional because they require the parents to give up their privilege to have the authority over the upbringing of their children, using search and seizure as a threat in order to enforce it.
Amendment 10 - Powers of the States and People
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
To get to the point: because of the 4th, 5th, 9th, and 14th Amendments, it is prohibited both to the federal government, and to the states to impose compulsory education laws upon us, so therefore that power is reserved to the people.
To get to the point: because of the 4th, 5th, 9th, and 14th Amendments, it is prohibited both to the federal government, and to the states to impose compulsory education laws upon us, so therefore that power is reserved to the people.
In conclusion: according to the Constitution we have the natural right to direct the upbringing of our children, and no state or federal government has the authority to deprive us of that right. We now need to choose to either believe in flimsy promises which supposedly guaruntee prosperity that infringe upon our rights, or to protect our fundamental liberties, which are our best bet to creating our own prosperity.
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Resources:
http://www.ncsl.org/issues-research/educ/compulsory-education-overview.aspx (about Compulsory Education laws.)
http://www.usconstitution.net/const.html#Am4 (a site with the Constitution of the United States.)
http://www.lds.org/scriptures/ot/gen/1.28?lang=eng#27 (Genesis 1:28 -- our charge to multiply and replenish the earth.)
http://www.lds.org/scriptures/ot/gen/2.18,%2020-24?lang=eng#17 (Genesis 2:18, 20-24 -- Eve, a "help meet" for Adam.)
Very well-thought out and explained. I didn't realize that the Constitution said the same thing so many times. Are there some laws in California that you are referring to? You might want to expound on them a little if that is the case. Thanks for sharing!
ReplyDeleteVery articulate and interesting!
ReplyDelete