UOTE(jonzlaw @ May 26 2008, 10:06 AM) *
And agree that they are entitled to Due Process. They also have the right to be free from unlawful search and seizure. But, all of these rights take a back seat - as a matter of law - to the welfare of the children.
Solarpowered: Call For References. Please show where "it's for the children" Trump's the Constitution of the United States.
Now, before Solarpowered posted his CFR to Jonzlaw, I had already posted a quote from the DesNews that supported his statement--see here:
QUOTE
When children are even perceived to be at risk. Kids first. Due Process second. Look it up.
QUOTE(LeSellers @ May 26 2008, 10:35 AM) *
Be happy to. Where do I find this pronouncement?
It sure as the ever-lovin' blue blazes is not in the Constitution.
Lehi
Alter Idem: From yesterday's DesNews article on Utah and Texas' child protection laws;
QUOTE
Procedurally, both Texas and Utah have the right to take chidren into protective custody if authorities suspect immediate danger to the minor. States don't have to wait to file criminal charges, they just need enough cause to believe that if the chid isn't removed there will be immediate danger. The proof of neglect or abuse, or lack of it, unfolds later in family court under the umbrella of civil law, where the level of proof is lower than a criminal court.
So I responded:
QUOTE(alter idem @ May 26 2008, 10:48 AM) *
Solarpowered, just a couple of posts above yours, I already gave information that supported Jonzlaw's statement--it explains that child protective laws have more leeway.
Some will say they infringe on constitutional rights. Whether this is right or not, whether it's unconstitutional and should be challenged in court--that's a topic for another thread.
Solarpowered: OK, Then CFR to you, too. Please show quote these statutes that allegedly Trump the Constitution of the United States, and explain how it is that they can in fact Trump the Constitution of the United States.
So, I get a CFR for something I hadn't even said--and Solarpowered demands that I spend my time looking up statutes to prove something I'd already given a reference for...now, he wants me to provide actual statutes. And why should I? I didn't make the statement in the first place! To me, this is a tactic to intimidate the opposition into not challenging the prevailing position of the board--that held by the regulars, the protected board posters.
I didn't see this last post until the thread was closed and since it was closed I didn't have to answer the CFR Solarpowered demanded--but I also wasn't able to point out that it was inappropriate for him to request it of me.
This is one of the things that has made MADB an unpleasant place lately. I think the Mods need to do something about these ridiculous CFR's. I'm wondering if I should bring this up on the other board, but I'm not sure it would be a good idea--they hate complaints about the board. I could PM the mods, not sure if it does any good...but maybe it's better than doing nothing.