14th Amendment Basic Info & Description

[Jim]

The Fourteenth Amendment (Amendment XIV) to the United States Constitution is one of the amendments which was enacted after the Civil War as part of the Reconstruction Amendments, along with the Thirteenth and Fifteenth Amendments. It was adopted on July 9, 1868.

The amendment provides a broad definition of citizenship, overruling Dred Scott v. Sandford (1857) which had excluded slaves, and their descendants, from possessing Constitutional rights and was used in the mid-20th century to dismantle racial segregation in the United States, as in Brown v. Board of Education (1954). Its Due Process Clause has been used to apply most of the Bill of Rights to the states. This clause has also been used to recognize: (1) substantive due process rights, such as parental and marriage rights; and (2) procedural due process rights requiring that certain steps, such as a hearing, be followed before a person's "life, liberty, or property" can be taken away. The amendment's Equal Protection Clause requires states to provide equal protection under the law to all people within their jurisdictions. The amendment also includes a number of clauses dealing with the Confederate states and their officials.

TEXT:
Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

Section 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each State, excluding Indians not taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the United States, Representatives in Congress, the Executive and Judicial officers of a State, or the members of the Legislature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age, and citizens of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twenty-one years of age in such State.

Section 3. No person shall be a Senator or Representative in Congress, or elector of President and Vice President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.

Section 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipation of any slave; but all such debts, obligations and claims shall be held illegal and void.

Section 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article.

More Great Info from Wiki:
en.wikipedia.org/wiki/Fourteenth_Amendment_to_the_United_States_Constitution

[ohiomom123]

If the 14th Amendment provides for equal protection of the laws, then why is it a matter of how much money you have to retain an atty to fight for your rights? It seems that DR cases should fall under the same guidlines of criminal court since they do have the power to put you in jail. Contempt hearings are based on hearsay and opinions by bias parties and third parties, however it can destroy a persons life. I guess I cant understand why a person can sign charges in criminal court and they have a prosecutor on their side to argue the facts of the case, and the burden of proof is on the state, but in DR court both sides have to pay LARGE amounts for attys for a judge to make decisions based on testimony and minimal facts. The only thing I can clearly see is the money being made for the posponed/rescheduled hearings, the filing fees, and the over inflated atty fees. This in NOT equal protection!!!!!!! If this country wants to push equal healthcare for the people, maybe they need to look into equal justice for the people.

[Jim]

You hit the nail on the head, it ALL about money and profits.....the more you research these cases and procedures the more people you find involved in them making money.
Their motto is :"keep em' fighting and confused as long as possible, or until they have nothing left"
It's mostly completely unconstitutional and criminal to say the least, and those we pay to protect and serve are usually the most guilty of anyone involved....

[ohiomom123]

I am in Law Enforcement. This is especially disheartening to me personally and professionally. I use to advise people to contact the DR court for help and actually believed I was doing the right thing! Now I see the abuse of the court and it sickens me. I had to go through this myself to truely understand! In my case my ex is not a stand up guy. He has manipulated the system and it truely hurts the people who are fighting for the best interest of the kids. I feel this court needs to STOP the perjury and gross abuse of hearsay and make judgements based on facts. They leave thier rules so broad that it is a trap for failure. Does it affect them? No! Not unless you call padding their pockets a great affect on the lives of families. I have adhered to the orders of the court, however it allows for mutual agreements. I have tried to be agreeable to make sure my children were put first. I have spent thousands over erroneous contempt charges for agreements made between us just because he knew it was a trap he could win. I had to fight back or atleast retain Attys because guilty findings could cost me my job and ability to provide for my kids. My ex has admitted a flat-out refusal to co- parent our children and denies them any ability to participate in sports, school activities or extracurricular activities they ask to be involved in. It's sad because I deal with men on a daily basis who ask for my help to enforce rights to see their children. These are good loving parents being denied. It has become evident to me that the courts are so use to fostering a system to keep the war going that the issue of "best interest" of the children has been lost! Question is.... What do we do to change it? Why are we willing to allow courts to make judgements on the most important issues in our lives without facts? Criminals have more rights than that! Is the money being made from this corrupted system really worth the generations hurt by biased opinions of the court. Don't we all have the right to equal protection? Today is yet another example of how the system has robbed people of memories they can't get back..... My little ones are suppose to get dressed up today and go trick or treating.... I have asked if we could agree on a modified schedule so they won't miss this event. My kids are not allowed to participate because their dad refuses to let me get them a little early so they can go. It sad that people do these things when the kids suffer for it.

[ohiomom123]

Concernedcitizen | Saturday Oct 9 | Reply
Tuesday, January 7, 2003
Perjury an issue in Butler courts

County commissioners ask judges to stop false testimony
By Steve Kemme
The Cincinnati Enquirer

HAMILTON - After listening to the emotional stories of several divorced parents who said false testimony cost them custody and visitation battles in Butler County Domestic Relations and Juvenile courts, county commissioners urged the judges in those two courts Monday to crack down on perjury.

Commissioners sent letters to Domestic Relations Judges Leslie Spillane and Sharon Kennedy and Juvenile Court Judges David Niehaus and Ronald Craft asking them to "attack the general problem of false statements in your courts" and to punish perjurers.

Commissioner Mike Fox said if the two courts don't take steps to address the issue, he might request the U.S. Department of Justice to investigate.

"I would rather the courts take care of it themselves," he said.

This controversy was spurred by the state's recent removal of the license of Dr. Roger Fisher, a Butler County psychologist, because of complaints accusing him of submitting psychological evaluations in four Butler County Domestic Relations Court cases without interviewing the subjects.

Mark Dildilian, a former Ohio resident who was one of four parents who complained about Dr. Fisher to the Ohio Board of Psychology, told the commissioners that the psychologist's false testimony has cost him precious time with his daughter over the past seven years.

"My daughter and myself have lost those important and cherished key adolescent and development years," he told commissioners. "You must understand the sheer hell that many people have gone through."

But Mr. Dildilian, as well as the commissioners and other parents at the meeting Monday, said the problem of false testimony from experts and other witnesses in those two courts extends beyond Dr. Fisher.

"Their experiences are a symptom of a problem," Mr. Fox said. "The larger issue is that neither Juvenile Court nor Domestic Relations Court places a priority on telling the truth. Lawyers and expert witnesses routinely misrepresent facts and lie, and there are no consequences."

But Judge Spillane and Rob Clevenger, director of operations for Butler County Juvenile Court, said perjury is not a major problem in their courts.

"It's a miniscule problem," Judge Spillane said. "I think the commissioners are making false assumptions based on a few cases."

She said that in her 20 years on the bench, she has referred two people for prosecution on charges of perjury. Except for proven egregious instances of lying, it would be impractical to prosecute everyone who fails to be truthful in court.

Mr. Clevenger said he is reviewing Mr. Dildilian's case to determine if Dr. Fisher perjured himself. He said he also will be looking into a case involving Doug Songer, a Hamilton man who told commissioners Monday that he thought Dr. Fisher had given false testimony in his custody case.

"Dr. Fisher is just the tip of the iceberg," said Mr. Songer, a former Butler County sheriff's deputy. "The wrong in this county is wide and deep."

At the very least, the parents and commissioners want the courts to review other cases Dr. Fisher has been involved in to determine if he gave false testimony that influenced court decisions.

But Judge Spillane and Mr. Clevenger said it would be too time-consuming for the courts to sift through thousands of cases by hand to find those where Dr. Fisher had testified. They both said Dr. Fisher has testified in few cases in recent years.

Judge Spillane suggested that people who believe they were wronged by false testimony file motions for Domestic Relations Court to reopen their cases.

E-mail [e-mail]

Maybe the need to look into this issue again!!!!! Not the Dr lies, however lies and false testimony by others. The issues are MANY

[Harrison]

OM, You're right, family court is a giant sack of ass holes, were the rule of law and due process are just words without substance or meaning. That is why we do this, so that people can share and learn from each other to try and keep the judges, attorneys and even the cops from infringing on our rights and fallowing due process. (holding their feet to the fire)
However it never ceases to amaze me, that you can tell someone what they are headed for and their answer goes something like this, "I have a lawyer and he/she is supposed to be real good!" or "Well, this stuff is such crap, I'll just tell the judge the truth , he has to see through though lies, there's no proof."
My reply usually goes something like this, " OK I'll see ya in a month when you real need my help, but it may be to late." And for many it is. The worst part is seeing the confused bewilderment on their face and loss of faith in the American way.
One of my favorites was, " I payed that A-hole to sit in that court room and stair at the judge, he didn't say one damn word and now with no proof the ex has a RO and I have another court date for the same thing"
"Oh no you don't, that is charges for criminal DV" I pointed out.
At that point he listened and made the lawyer fallow the game plan I laid out.
He beat the criminal DV charges and they had to lift the civil RO because (in WA) a civil RO under DV must be supported by a criminal charge and conviction.
Change is happening, Ohio supreme court ruled that a father keeps his rights for a year after finding he my have fathered a child, which blow the punitive father registry out of business.
Just keep doing your best that is all any of us can do!!! One thing, any more deviations from the parenting time, weather in your favor or his should be in writing and signed by you both, that's the only way I can think of to stop the contempt charges on either side.

[ohiomom123]

Well one thing I will say to all of you....I am going to do my part or at At least try. In my area we tell parents who are denied their court ordered time to get an Atty and file contempt. I truly feel this falls under interference with custody. Why should a person come to topolicee for help only to be told that we only enforce some of the laws? I have been fighting against a brick wall to change policy on these cases! I want parents to have the right to sign criminal charges on the other for denial of parenting time without good reason(abuse/neglect) etc. I feel this would deter many from being malicious and using the children as pawns! I was found in contempt over lies! Over lack of policy in my police Dept to make contact with the other parent when you claim they have refused/denied parenting time. I want to change these things even though I understand I will be held to these same standards! I think policies should direct officers to make contact or make reasonable attempts at contact with the other parent who is being accused of refusing parenting time. If that parent willfully denies the other parent the time they will be advised
they will be charged criminally. At this time the officer will provide the parent who was denied time the option to sign criminal charges for interference with custody. The burden of proof would be on the state to prove a willful denial and I will testify on the behalf of the prosecution. End of story! This would put an end to parents that have to spend countless dollars for Atty fees and eliminate the months it takes to get a court date just to see your child. In order to control the abuse to this policy I would recommend that strict guidelines be set to exhaust all efforts in making sure the most recent order is provided and charges are only signed based on the officer documenting the willful denial. I would also suggest that strict rules apply to people who sign these charges using false information or where the accused party can show proof of prior agreements and lack of knowledge they were violating the order. Then I think we should pursue charges for filing of false reports on that party. Will it be a lot more work for the officers and the courts? Yes! Our job is to enforce the law, not pick the easiest way out. People look to us as the last resort! Taking the oath to be in Law Enforcement means doing your best to help people by practicing good faith! I know how devastated I would be if my ex took my children and refused to let me have them back. I could not imagine being told to spend MORE money to get them back!

[Jim]

The best thing to do is to fight for your rights and whats honestly best for the children, doing nothing will onl;y get you nothing and actually could make the situation even worse.
Sadly the cards are always stacked against the "loser parent" unless the "winner parent" is actually pouring gas on the children and lighting them on fire on a daily basis.
The whole thing is completely ridiculous and has nothing to do with this best interest of the children but only in a very few rare cases.