What are Parental Property Rights?
The answer to this question affects every American, whether you are single, married, divorced, young or old. Like Social Security and taxes, we all pay. Ideas shape legislation, and sound ideas are what shaped our country, ideas based on the inalienable rights given to every individual by their Creator. These rights were penned into a constitution and a government was formed to protect these penned rights. These liberties include the right to own and dispose of personal property.
Before proceeding into the penned rights of every U.S. citizen we must define personal property. Without a clear and unbiased definition of this word, we are apt to apply sentiments, thereby skewing the fullness of our liberties given to us by our Creator, and protected by our constitution. So before stepping into the minds of those great men who penned our liberties we first look into another great mind, Webster’s mind of 1828 as he accurately defines the word “property” for us.
4. The exclusive right of possessing, enjoying and disposing of a thing; ownership. In the beginning of the world, the Creator gave to man dominion over the earth, over the fish of the sea and the fowls of the air, and over every living thing. This is the foundation of man’s property in the earth and in all its productions. Prior occupancy of land and of wild animals gives to the possessor the property of them. The labor of inventing, making or producing any thing constitutes one of the highest and most indefeasible titles to property. Property is also acquired by inheritance, by gift or by purchase. Property is sometimes held in common, yet each man’s right to his share in common land or stock is exclusively his own. One man may have the property of the soil,and another the right of use, by prescription or by purchase.
5. Possession held on one’s own right.
6. The thing owned; that to which a person has the legal title, whether in his possession or not. It is one of the greatest blessings of civil society that the property of citizens is well secured.
7. An estate, whether in lands, goods or money; as a man of large property or small property.
8. An estate; a farm; a plantation. In this sense, which is common in the United States and in the West Indies, the word has a plural.
The still-houses on the sugar plantations, vary in size, according to the fancy of the proprietor or the magnitude of the property.
I shall confine myself to such properties as fall within the reach of daily observation.
9. Nearness or right.
Here I disclaim all my paternal care,
Propinquity and property of blood.
The exclusive right of possessing, enjoying and disposing of a thing, that in summation is personal property rights, which are inalienable rights, given to us by our Creator and protected under the Constitution. We must not water down these rights by allowing our sentiments to cloud our thinking. Clearly our children are more than property but they are property. Just as man is more than flesh and bone, he is soul and spirit. This right of ownership, or as defined by Webster, “Nearness or right” extends to “Propinquity and property of blood”. For those of us living in the 21st century, the term Propinquity includes not only 3. Nearness of blood; kindred (children by birth, by blood). but also 1. Nearness in place; neighborhood (children by adoption, by law, by right of care, under ones own roof). These are significant statements as we rightly divided unto the saving of our liberties. For we see that having seed (children) alone does not make nor guarantee your parenthood. Individuals, as we will see, have the right to dispose of their property (divorce, abandonment, adultery, abuse), as well as the right to acquire such property (remarriage, adoption, custody through care, care under roof).
Our rights to ownership have been given to man, by our Creator, and were penned into our constitution. No State shall deprive a person of this liberty and their right of property. But that is not all, for all government has been given to us by our Creator, for our good. This good is not based in I but in All, what is good for all, what is liberty for all, what is justice for all. There are many acts of goodness which can be done for an individual yet would fail to be good for all. To exaggerate this point, our government could by force of law take all the provisions of one citizen and give them all to another who was on the brink of starving to death. While this act of “goodness” is good for that starving individual, it is not good for the one whose provisions were taken in entirety, leaving them destitute and in the position of starving to death their-self. In this light, we see those who penned our Constitution did so with the hope of our government acting on the behalf of all citizens, giving power to the government to deprive an individual of their life, liberty, or property, through the due process of law, for the benefit of all. Due process was given in order that those holding authority might search out a matter, determining that which is good for all, and having power, enforce that which is good, thereby giving liberty, and justice to all.
Amendment 14 – Citizenship Rights. Ratified 7/9/1868. Note History
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.
In light of doing what is good for all, by the power invested in our government, given to them by our Creator and through the willing submission to that power by the people of the United States, we learn that in the best interest of all, this government has the right to protect individuals and their property from unreasonable seizure, and this seizure shall not occur without probable cause, having the support of oath or affirmation. This is to say, a person’s property shall not be taken unless there is evidence to warrant such taking and this evidence must not be based upon hearsay but through Oath or affirmation, that is, the matter must be established by two or three witnesses.
Amendment 4 – Search and Seizure. Ratified 12/15/1791.
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.
Therefor, in light of our Creator given rights, our government must not take an individual’s property without the due process of law. Having determined what is in the best interest of all, the government may in fact sequester persons property after due process. This includes removing one’s child from the custody of one parent and giving that child over to the care of another. However, when private property is taken for public use, for the good of all, just compensation must occur. Therefor, the one whose property has been taken against their will, by force of law, for the good of all, must receive compensation for their property.
Amendment 5 – Trial and Punishment, Compensation for Takings. Ratified 12/15/1791.
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
Our children are the personal property of their parents. Who is a parent? A parent is not the giver nor receiver of seed though they may be. Rather, a parent of a child is the 5. One who feeds and supports or exercises paternal care over another. God is called the father of the fatherless. as defined for us by Webster.
Every individual who gives or receives seed has the right, given to them by their Creator, to possess, enjoy and dispose of their seed, which is their personal property, which children are, though they are more than property. This right of disposal is not unto destruction, for our children are innocent. Therefor, the right of disposal is granted in their best interest, protecting both the liberty of the one disposing, and the one being disposed of. Our children are Future Tax Paying Citizens. Therefor, our government has the right to ensure their safety for public benefit. This benefit includes and precludes the rights of the individual owner. This right is confirmed by our government as they employee the doctrine of best interest in cases concerning child custody. However, to forcible remove a child against the will of their parent, without demonstrating just cause, is unconstitutional. Our government, through due process of law, in instances of divorce, establishes the matter by determining what is in the child’s best interest. This establishment of interest, partially relieves the government of the liability of acting outside the property rights of each U.S. citizen. For the government to have the power to act on behalf of a child, they must have the authority to sequester that property, and they do. However, to do so, they must compensate the owner of that property, else their actions are unconstitutional and the owner of such property suffers loss of liberty.
A parent’s rights: includes possessing children either though the giving or receiving of seed; the requital of seed by either the giver or receiver of that seed; by rule of law as in the case of divorce when demonstrating what is in the best interest of the seed, when done in accordance with the whole of the U.S. Constitution which includes compensating one whose property has been taken for public use, including future use; in cases of disposal which include divorce, abandonment and adoption, when through due process that seed is given to another person to become parent to their now child.
There is no liberty, there is no justice, where there is no liberty and justice for all.