Constitutional Protections for Parental Rights

🛡️ Parental Rights, Due Process & CPS Overreach: What the Constitution Really Says

📜 Constitutional Authority: We the People

“We the People of the United States… do ordain and establish this Constitution.” — Preamble to the U.S. Constitution

🔴 This is not symbolic.

It’s lawful.

The authority of government comes from the people, not the other way around.

The Constitution limits the government — it does not license it to override parents.

📜 Core Constitutional Protections for Parents

1. Fourteenth Amendment – Due Process “No state shall… deprive any person of life, liberty, or property, without due process of law.”
   ✔️ Parents have a fundamental right to the care, custody, and control of their children.

Case Law:

• Troxel v. Granville, 530 U.S. 57 (2000): Parental rights are a fundamental liberty interest.
• Santosky v. Kramer, 455 U.S. 745 (1982): Government must provide clear and convincing evidence before terminating parental rights.

2. Fourth Amendment – Protection from Unlawful Seizure “The right of the people to be secure… against unreasonable searches and seizures…”
   ✔️ CPS must have a warrant or valid emergency to enter your home or remove your child.

Case Law:

• Calabretta v. Floyd, 189 F.3d 808 (9th Cir. 1999): CPS and police may not enter a home without consent, a warrant, or imminent danger.

3. First Amendment – Religious and Educational Freedom
   ✔️ You have the right to make decisions about your child’s education and upbringing based on your religious beliefs, conscience, or moral convictions.

Case Law:

• Wisconsin v. Yoder, 406 U.S. 205 (1972): Parents can withdraw children from school for religious reasons.
• Ferrer v. Cayetano, 2010 (Hawaii): Affirmed the right to homeschool without being labeled abusive.

4. Fifth Amendment – Right to Remain Silent
   ✔️ You have the right not to speak to CPS or any government agent without an attorney. Your words can and will be used against you — even in family court.
5. Tenth Amendment – Reserved Powers
   ✔️ Powers not delegated to the federal government are retained by the people.
   That includes your inherent parental rights — not created by the government, but protected from it.

📣 Final Empowering Truth

“We the People” are not the governed — we are the governing.

We must not ask for permission to parent. We must demand obedience to the Constitution from those who serve under it.

📢 Let this be the generation that says: “Enough.” If it’s not lawful — it’s not allowed.