If politicians introduced a bill mandating the slaughter of all human babies under the age of two years; but called it, “The Little Babies Protection Act,” establishment conservatives and unthinking people all over the Country would be clamoring for its passage.
We have become a shallow and easily deceived people. If it sounds good on the surface, we are all for it. We assume the proposal will live up to its name. 1 We don’t trouble ourselves to actually read proposals and analyze them before we clamor for passage.
The name, “parental rights amendment” (PRA), sounds so good! But it actually strips parents of their God-delegated authority over their children, and transfers that authority to the federal government.
In order to understand this, you must first learn about “enumerated powers”.
When WE THE PEOPLE ordained and established the Constitution for the United States, We listed, itemized – enumerated – every power WE delegated to each branch of the federal government over the Country at Large. All other powers were retained by The States or The People.
James Madison, Father of our Constitution, says in Federalist No. 45 (3rd para from end):
“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which … concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” [boldface mine]
Do you see? We delegated only “few and defined” powers to the federal government over the Country at Large. These are the “enumerated powers” actually listed in the Constitution. 2
These enumerated powers over the Country at Large concern:
- Military defense, international commerce & relations;
- Control of immigration and naturalization of new citizens;
- Creation of a uniform commercial system: Weights & measures, patents & copyrights, money based on gold & silver, bankruptcy laws, mail delivery & some road building; and
- With some Amendments, protect certain civil rights and voting rights.
It is only with respect to the “enumerated powers” that the federal government has lawful authority over the Country at Large. All other powers are “reserved to the several States” and The People. 3
So! Where in the Constitution did WE THE PEOPLE delegate to the federal government power over children and their care and upbringing? We didn’t. Accordingly, it has no lawful authority over these objects.
Thus, any federal law, treaty 4, executive order, agency rule, or court opinion which pretends to exercise such power over children is unconstitutional as outside the scope of enumerated powers delegated to the federal government for the Country at Large. 5
See? This is all very simple.