Child Support Contradicts the Constitution and Should be Abolished
by Wei Liu
(Kansas, United States)
Child Support Contradicts the Constitution and Should be Abolished
Recently I find the child support upon divorce contradicts the Constitution and should be abolished. The Preamble of the Constitution says, ?We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, 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.? It is all right/free for any one to publish my article anywhere. And if you agree with me, please spread the idea of the essay around to make America a better country. I will also publish and post the essay elsewhere.
The general welfare now includes housing, food, education and medical care. The land is not made by the government/official, but made by God. Since the government holds the land made by God for people to live, the government is obliged to provide people with the basic living welfares. Now most governments in the world give every citizen there these welfares. Even in India, people going to school and seeing a doctor is free. I, as an adult who consume more than a child, have lived in Minnesota for years without any income. Today over 10% of Americans do not have any income and still live and raise their children. That?s how America is a fair and great nation. In fact, just for materials, raising one or two children is a one-person job.
Actually after divorce, there are at least five options to raise the child: ?1 solely by the father?s welfare 2 solely by the father?s income 3 solely by the mother?s welfare 4 solely by the mother?s income 5 the two raise the child together if the both agreed? These five options are people?s rights/liberty, and the Preamble of the Constitution says ?We the People of the United States??secure the Blessing of Liberty to ourselves and our Posterity.?
The state makes the family law that includes the child support. The child support forces one side to pay another and preclude people?s options/liberty to raise their children, which contradicts the Preamble of the Constitution.
Amendment 10 of the Constitution?Powers of the States and People says, ?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.? Does the state law prohibit a person raising a child by himself/herself or by welfare? No, then those powers/rights are reserved to the people. Here the child support precludes people?s liberty/rights of how to raise the child and it contradicts Amendment 10 of the Constitution.
Amendment 14?Citizenship Rights says, ?No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.? It is nothing wrong for a person to raise a child by himself/herself or by welfare, and the child support abridges people of these immunities. It contradicts amendment 14 of the Constitution.
Amendment 13?Slavery Abolished says, ?Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.? Divorce is not a crime, but normal life. The child support is forcing one side to pay another of the divorced two. Forcing someone to make money for another is involuntary servitude. No one including the spouse and the baby is slaver. Even within the marriage, no one is obliged to give any family member a penny, and the family law acknowledges that. Now the divorced two should have none or much less relationship than the marriage, and the government says one has to pay another certain amount of money every month, which does not make any sense at all. The child support contradicts Amendment 13.
Now we see the child support contradicts the Preamble, Amendment 10, 13, 14 of the Constitution of the United States and should be abolished.
The child support has already caused so much tension and problems among people and in the country. The divorced two dislike each other and are likely to form family respectively in a couple of years. It is truly not the government/court?s right to force any relationship including the financial one between the two. As I learn, about 50% of the non-custody parents cannot pay the child support. And some of them judged willfully doing so and get put in jail. In a southern state, there are 500 parents in jail just for failing to pay the child support. This is slavery. In America, I do not see people fighting or robbing one time in a year on average, but surprisingly in about 2008, there are 2 million people in the prison in America. Many innocent people including those fail to pay the child support get sent into prison. This is absolutely persecution and human rights disaster. Today in 2011, I see 58% of American people agree with me that the child support should be abolished.
Some people say, ?Then who is going to raise the child?? Upon divorce, whoever expresses that he/she is willing to take care of the child completely including financially, whoever gets the custody of the child. If both sides want or neither side wants, then draw a lot to decide. If the two agree that each contribute to raising the child, which is the child support way, then that?s up to them. But the law shall never force people to do something together.
As a social institution, upon divorce, the government/court should only concerns, ?Who?s going to take care of the child?? And this is easy to solve if we conform the Constitution, basically respect people?s choice/liberty. I know the mind of those who make and enforce the child support law. They just want the family to have more money, but this is the job of business, not the job of law or government. They also say the best interest of the child. We adults even often do not know what is the best interest for ourselves, what is the best for a country. And the government is judging what is the best interest for a child, ridiculous.
The government is not a place for those whose major concern is money, but for those whose major concern is fairness and human rights. Those whose major concern is money no matter for themselves or for the country should enter the business world. Right now the child support has unconstitutionally brought heavy burden upon the divorce people, upon the society and upon the government, has caused massive human rights disaster, and should be abolished. One thing more, those who are judged willfully failed to pay the child support and sent to prison are actually the best lovable people in America because when many people walk away from the Constitution, they are defending it. They are not willing to be a slave. I?m not a slave either. America should be a land of free. Divorce should be free.
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