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Constitutional Violations and the Patriotic Man

July 20, 2008

Truthfully, there is no such thing as a “little Constitutional violation”, as if a violation can really exist in degrees. The legislative and executive branches of our government have grown rather fond of creating their own rules as they go, creating new rules of order with legislative precedence and simple rationalizations in violation of all laws written previously, even the big ones. The Constitution and successive Amendments are simply ignored in the name of tolerance and judgment, while little unchecked constitutional violations grow to become blight that is considerably more rampant. Laws that are drafted aren’t considered in light of the Constitution, but rather from expedience and the playground of good intentions.

One could suppose that if one wanted to be picky, this country has operated outside the Constitution in a rather complete sense from 1776 to 1865, as the annals of national slavery have proved. Slavery worked out very well for millions in this nation. The problem is that this was accomplished with what effectively became a huge subclass of people. During the 1800s, an outside party of foreign-controlled central bankers worked on and off to put this country in their back pocket in a very unconstitutional way. They succeeded fully with the advent of the Federal Reserve in 1913. Yet, somehow the loss of freedom involved with Federal Reserve doesn’t seem too important or even very apparent. Yet, in both of these cases, a subclass of people is always being victimized by established authority whether you recognize them or not.

Just considering these two areas, the nation has only existed on a Constitutional basis for 48 years. However, that doesn’t include the myriad of other lapses, breaches and encumbrances too multitudinous to mention. The quantity could not be contained on this page. It’s almost like spitting into hurricane winds during Hurricane Katrina and few seem to care as long as they get what they want.

Americans can use a similar Constitutional debate with the Internal Revenue Service, government surveillance of citizens combined with other unwarranted surveillance and the creation of a subclass of citizens in the name of children’s rights and federal welfare. The Constitutional lip service by our presidential candidates is significant, notably by John McCain, but proves to be a mere attempt at placating citizens as the words roll off their tongues. When faced with real unconstitutional issues and provisions in this nation, duck and dodge is the order of the day. The presidential campaigns will discuss only what is considered to be most pressing and popular. Congress performs even more poorly. The approval rating of Congress is a mere 9% and they still remain in power to create more Constitutional subversion.

The two-party system in United States doesn’t really measure anything by the values of the Constitution. Perhaps the ACLU and other fine freedom organizations should suggest removing the Constitution and the Amendments in favor of something more workable so that the nation doesn’t continue as a nation of hypocrites. The real problem has been and continues to be accountability. However, as citizens of this fine country, ultimately and collectively, we are the decision makers whether politicians like the truth or not.

In what is supposed to be the nation’s most respected body, military servants are often cowed on both sides, by the authority of their superiors and the authority of law. A patriotic military man has few rights that he can count on other than those he can find. Economically speaking, the military is still the best way to get out of a life of abject poverty and build a better life. What’s more, if you want to live life on the edge of adventure, it can be argued that there is no better place. The military is one place to truly learn the lessons of life.

Drawing men into the military continues to be a challenge. Many men are not entirely ignorant to the problems in the military. They have learned that patriotism is not rewarded, at least not if they are married. When they join the military, the chances are better than 50% that they will end up divorced, with a huge child support debt and in a jail cell on criminal federal child support charges. While this and other statistics can be contested, established fact dictates that government statistics are often skewed and highly arguable. Since the military is a cross-section of the nation and military marriages are under much higher pressure than average, no less than the national average in this area of statistics is acceptable.

Easy divorce provisions, child support entitlements and the inequities of law chronically mistreat men and patriotic men alike. This is a fact that is often downplayed, notably by feminist society and government sources. A gold-digger can marry a military man for one day to take a nice chunk of support when the divorce is final. The argument can be made that military men are not wealthy. That isn’t the point. The gold-digger can dig for gold at the military till without limit, developing a means of self-support through the bearing of children. While this is reprehensible, even more so in the military, it is not entirely uncommon. What is worse, this is often done when the man is on the other side of the world defending and serving the country. The little woman can do as she pleases while the husband pays in spades. The cash comes from his military pay, but if not, it will come out of his patriotic hide when he returns home via the godless Bradley Amendment. Notable are the proved cases where child support is no longer collected by the military and when the ex-husband returns from the hands of the enemy, terrorists or similar circumstances, he is faced with prison at home for non-payment of child support. The decision of a man or woman to stop paying child support after he or she has returned home is not in the direct scope of this commentary.

The man on duty overseas can be hit with a surprise divorce by the little woman, lose every worldly thing he owns while being victimized by a temporary child support order that has little to do with real income. While any child-support is based on income in the beginning, but the reality of income can change quickly based on a large variety of scenarios. The division of real property while the patriotic man is overseas is entirely dependent on the decision of the judge combined with immediate pull of legal strings. The system never automatically address the payment issues after the initial court order beyond the concerns of collection. The burden “of proof” is on the non-custodial parent, yes even the patriotic man, a direct violation of Constitutional Law within itself. He is guilty until proved innocent. As a result, a man can end up owing more in support than he makes and there isn’t a thing that the patriotic man can do. A patriotic man has little help from authorities as they collude to solve their common “problem”. Getting a support modification can be next to impossible in the States, but a modification isn’t any easier in Afghanistan or Iraq. This is a sad fact, not the stuff of fiction.

The authorities have decided that since the patriotic man volunteered to go into service, he bears full responsibility. This is the government position. The patriotic man won’t get a better shake in a system that is designed by default to work in the favor of women and children only. There is no excuse for non-payment of any kind and rights to see children are virtually non-existent, even though decrees are carefully worded to have you believe otherwise. The patriotic man quickly becomes a felon, often without knowing. Strangely, neither the Feds nor the States have taken any action to alleviate the problem of the patriotic man. It’s all about personal responsibility, even if dad is working behind-the-scenes as a Navy SEAL or held prisoner by terrorist factions and presumed missing.

The Bradley Amendment that cements all of this abuse in place violates the Constitution on so many counts that there is no excuse. Yet, feminists and surrogate lawmakers in the 1990s, with the help of George Bush, Sr. and the Clinton Administration brought the debacle together in grand style in the name of welfare reform. The reform has never worked other than to enlarge the size of big government.

Every taxpayer knows that taxes change based on income that is easily proved. If you are employed, the Internal Revenue Service often knows as much about you as you do. Why shouldn’t child and spousal support adjust in the same way? Yet, because of a court order that often cannot be corrected, millions of men and women have become a subclass society of America. There is no justification for treating a divorced man or woman differently from a married one through the violation of Constitutional Rights. Support that is garnered should be against actual income and resources, not figures from a court order at a previous point in time. The impoverished or sequestered have lost the ability to defend themselves and there is little interest in change. There is no forgiveness for the patriotic man, much less the working men of America. The Congress doesn’t concern itself with emergency legislation for patriotic misfits, much less a subclass of American jurisprudence.

As long as the government system is fat and happy combined with a subdued and appeased class of women, even presidential candidates could care less. All presidential candidates have ignored the plight of oppressed non-custodial parents because of fear. In the meantime, men and women continue to be looted without regard, the patriotic man even more so. Soldiers are even being charged for their own equipment, as the patriotic man continues to burn his candle at both ends in the name of God and country, for the honor of the land of the free and home of the brave. The “pressure” of personal responsibility and sacrifice never ends while the authorities take the profits home and use them as they please.

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6 Comments leave one →
  1. Serelen1 permalink
    August 6, 2008 10:02 pm

    This article hits home for me. For the response on the area that the writer needs the facts, here is a little from a soldier, 2 months out of the Army, still paying support and it still has not been reduced to what my actual income was for the 4+ years and 2 tours to Iraq I have already endured. I face a 50,000 dollar lien from child support due to my earning capacity. The earning capacity is supposed to include the availability of work in my community, Iraq must have had some jobs I could’ve worked at other than the already taxing operations. My ex is keeping my children from me since my return because I haven’t been here for the last 4 years, of which 29 months overseas and about 10 in training. I am still paying support, although it still doesn’t meet the insatiable thirst for the dollar my ex or child support have. Now they want to take away my driver’s license and any other license that I could possibly get. My wife spent 2 years going through medical trouble, and we know how well the military takes care of these issues for the family, and finally had back surgery done, 4 days before I separated(honorable btw). Because of the lien, we can’t get a nice rental or home loan, we currently live in a friends basement as we fight to find work, unemployment currently, and even if I could find work making 50k/year, i would only clear about 1,000 a month to live on with the child support required of me now. Sometimes I wish I could be suicidal, but that is selfish and I can’t bring myself to reason that as a way out. Just as an added note, my ex-wife will have 3 kids in private school this year and has told me it cost them thousands for the violin my oldest has for school and I obviously need to be paying the amount ordered in order to keep them in their current lifestyle. Now she doesn’t even return phone calls and has the police telling me she doesn’t want me on her property, picked up the report today and it also states that there were no threats or accusations of any kind of abuse, just for those that think it might be one for safety reasons.

    Thank you for your time and good luck to all of you with similar problems, I feel and pray for you all.
    Phil

  2. hawk58 permalink
    July 24, 2008 7:01 pm

    As a father and Canadian Citizen I have lost my rights as a father because of changes to the child support laws and divorce act,and as a fathers we are being discriminated against under the human rights act, and it seems that the fight will never end for fathers every where to gain access and have equal opportunity to support themselves and their children.
    It’s a sad state of affairs when the rights of the children are overlooked and they are deprived of having equal access to both parents.
    This Bradley Amendment should be repealed because it discriminates against your rights as a father to live a normal life where you have equal opportunity to provide for yourself and your children and to provide a stable loving environment for them,when their in your care and control.
    I sincerely hope this amendment is stopped,because it would be a major set back for all fathers worldwide.
    Your not alone in your corner fighting this battle.
    Keep up the good fight
    Thanks Brian

  3. SeanHodge permalink
    July 23, 2008 7:00 pm

    My ex-wife has owed child support for 11 yrs now yet Child Protective Services of Idaho, California and Oregon have done nothing to enforce it. She still gets and keeps driver’s licenses. I haven’t received a dime since 2001 and that was $50. For 4 boys??? I’ve contacted and pushed them to act yet I receive nothing but notices of when my children reach emancipation age. I think there’s a real and obvious gender prejudice in this system. I doubt I would have had it so easy if the tables were turned. This service doesn’t “care” about the “children”. They protect women and screw men.

  4. July 21, 2008 11:56 pm

    According to military.com the divorce rate in the military was holding steady at 3.3 percent in the year 2007. That is still a high figure but no where near “better than 50%.” Although the divorce rate is high amongst military personnel, it is quite low compared to the civilian population.

    You see, as long as the military member is in the military, the military is going to make sure he/she pays their child support. Just talk to the commanding officer at any military post or base and you will learn the facts behind payment of child support.

    There are no “patriotic men” in jail on criminal, federal child support charges. Not as long as they are in the military anyway. If they get out of the military and stop paying child support they may end up in a local jail somewhere but, hey, if you make the choice to become a deadbeat then jail is where you belong. I don’t care how many wars you’ve fought in.

    Child support isn’t an arbitrary figure that is plucked out of the air by some judge somewhere. Child support is based on income…income that is proven with leave and earnings statements in a court of law. Every state in the country has child support guidelines and the majority of them take into consideration the income of both parents, not just the income or lack of income of the “patriotic man.”

    Under the provisions of the Soldiers’ and Sailors’ Civil Relief Act of 1940 a service member on active duty in a war zone is protected against divorce actions brought against him/her. Take a look at this website…http://usmilitary.about.com/od/sscra/l/
    blsscra3.htm, it will explain the special protections military personnel have against the “little woman” who tries to take everything he owns. I’d call that help from the authorities!

    “A gold-digger can marry a military man for one day to take a nice chunk of support when the divorce is final.” I find this especially funny. Gold-digger? Evidently you are not very familiar with the military pay scale. If you were, you would know there isn’t much gold to dig for. And, after retirement there is even less to be had.

    You know, I’m all for special protection for anyone willing to lay thier life on the line for my country. Heck, I was married to a military man for 14 years so I know from first hand experience the sacrifice they make. I’m for honesty too though and when someone writes about a subject they need to state the facts. All you’ve done here is try to stir the pot by spewing erroneous beliefs you have about a subject you don’t seem to know much about.

    You may get a few folks riled up but you won’t make changes and I have to ask, which is better, stirring the pot or stating the facts so change can hopefully come from what you write?

  5. BeatDead Dad permalink
    July 20, 2008 6:59 pm

    This country has lost its way and has no regard for the constitution.
    Exhibit 1. The Patriot Act
    Exhibit 2. The Bradley Admendment,
    Exhibit 3. An illegal war in Iraq, started by lies.
    Exhibit 4. An economy that is tanking.
    Exhibit 5. Corporate control of the media and the masses.
    Exhibit 6. Abu Graib–systematic torture and humilitation of Prisoners of War.
    Exhibit 7. 911 Commission–lies, lies and more lies.
    Signed,
    One of the millions of pissed-off Americans!!

  6. July 20, 2008 12:02 pm

    There was a time when Bills of Attainder passed by the Legislative branch, Indentured Servitude enforced by the Executive branch, and Debtor’s Prison ordered by the Judicial branch were all a violation of our Constitutional rights in America.
    USC 42 666 is a Section of U.S. code that reads like eternal damnation if it applies to the reader. This section of code only applies to parents in this country (heterosexual taxpayers who dare to raise children). Bill Clinton’s administration allowed this law to be unleashed on American parents.
    The Globalists (Council on Foreign Relations) are attempting to skyrocket the Federal debt by destroying this country’s Middle Class. The Rockefeller Foundation funded Womens Lib to tax women and to break up families. The CIA funded MS MAGAZINE with the help of Gloria Steinem to tax women and to break up families. The Federal Reserve has used every opportunity to absorb the world’s debt and put it all on the US taxpayer’s tab (or more precisely, on our children’s tab).
    We need to find our government right away, because this is a circus, and this circus is making our children weep.

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