Source: Cato@Liberty
Yesterday, the Supreme Court of Texas ruled that Child Protective Services (CPS) abused its discretion by seizing 468 children from the Fundamentalist Church of Latter Day Saints ranch in Eldorado. Eugene Volokh has a roundup of the legal analysis.
I wrote about this case a few days ago at NRO, but space limitations kept me from going into more detail about how the women and children were treated while in state custody. For those who have not followed this matter closely, the children were seized by CPS but the mothers were ”permitted” to remain with their children on the condition that they comply with all CPS rules and commands.
CPS invited some mental health workers to the various shelters to help care for the hundreds of children. The mental health workers were disturbed by what they saw of CPS’s treatment of the women and children, and their written reports corroborate the bitter complaints of the FLDS mothers. I don’t think the news media has given this aspect of the story the attention it deserves — so here are some excerpts from the various reports that have been made public:
* “Women were constantly lied to about where their children [were] and when they could see their lawyers and about when they would be reunited with their children.”
* “Constant reminders that the adult women were only guests and that they were not in charge of the children and what CPS did to them. [The children] belonged to CPS now and they could talk, interrogate, separate and treat them any way [CPS] wanted. This included physical exams and x-rays without [parental] supervision.”
* “I sat with Audrey while three of her children were removed for six hours of questioning.”
* “The children arrived healthy and happy and left sick and crying.”
* “The door to the room was almost constantly open. Even when the women closed the door to reduce noise during naptime or to dress themselves or the children, it was almost immediately opened again [by a CPS worker].”
* “The women were lied to and denied access to their attorneys.”
* “At least 5 mothers reported that at night CPS [workers] circled their beds, held flashlight in their faces & then would sit inches away from them as they tried to sleep. Mothers reported that they were scared CPS would take their children during the night.”
* “The CPS workers were openly rude to the mothers and the children, yelled at them for trying to wave to friends and family members in surrounding shelters, threatened them with arrest if they did not stop waving to others, continually reminded them that the women were guests only and could be made to leave if they did not cooperate, threatened the mothers with never seeing their children again if they did not cooperate, and ignored requests for anything.”
* “The children were amazingly clean, happy, healthy, energetic, inquisitive, well behaved, and self-confident; while the mothers were consistently calm, patient, and loving with their children.”
* “Living conditions in the coliseum were not conducive to good health for anyone, and the presence of hostile CPS workers who spied on them constantly, kept them awake at night by shining lights in their faces and talking and laughing created enormous stress for the mothers and children. None of them slept well or enough.”
* “Try to imagine all these children from age 1 to 12 years, left in that coliseum [separated from their mothers] with only CPS and [police officers] to care for them. The only others were mothers whom CPS decided were under 18 and kept in their custody along with their children. The floor was literally slick with tears in places. A baby was left in a stroller without food and water for 24 hours and ended up in the hospital. A 4 year old boy was so terrified that he snuck away and hid and was only found after the coliseum had been emptied the next day.”
* “I witnessed a young mother named Rosinith be required by CPS to board the bus back to the ranch, though her young child was in the hospital with 104 degree fever and even though the child’s physician had personally requested the mother’s presence at the hospital. This event haunts me still, and I cannot imagine such a heartless act.”
* “By the second day, I was ready to run in front of the CNN cameras to shout that there was a travesty happening inside those walls…. Of course I was cautioned not to interfere in a ‘crime scene investigation.’”
* “I have always been proud to be an American and a Texan but this incident is not what America or Texas stands for and something must be done to undo the horrible injustice that has been done.”
Sunday, June 1, 2008
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Declaration of Independence
IN CONGRESS, JULY 4, 1776.
THE UNANIMOUS
DECLARATION
OF THE
THIRTEEN UNITED STATES OF AMERICA.
WHEN, in the Course of human Events, it becomes necessary for one People to dissolve the Political Bands which have connected them with another, and to assume, among the Powers of the Earth, the separate and equal Station to which the Laws of Nature and of Nature's GOD entitle them, a decent Respect to the Opinions of Mankind requires that they should declare the Causes which impel them to the Separation.
We hold these Truths to be self-evident, that all Men are created equal, that they are endowed, by their CREATOR, with certain unalienable Rights, that among these are Life, Liberty, and the Pursuit of Happiness.--That to secure these Rights, Governments are instituted among Men, deriving their just Powers from the Consent of the Governed, that whenever any Form of Government becomes destructive of these Ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its Foundation on such Principles, and organizing its Powers in such Form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate, that Governments long established, should not be changed for light and transient Causes; and accordingly all Experience hath shewn, that Mankind are more disposed to suffer, while Evils are sufferable, than to right themselves by abolishing the Forms to which they are accustomed. But when a long Train of Abuses and Usurpations, pursuing invariably the same Object, evinces a Design to reduce them under absolute Despotism, it is their Right, it is their Duty, to throw off such Government, and to provide new Guards for their future Security. Such has been the patient Sufferance of these Colonies; and such is now the Necessity which constrains them to alter their former Systems of Government. The History of the present King of Great-Britain is a History of repeated Injuries and Usurpations, all having in direct Object the Establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid World.
HE has refused his Assent to Laws, the most wholesome and necessary for the public Good.
HE has forbidden his Governors to pass Laws of immediate and pressing Importance, unless suspended in their Operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
HE has refused to pass other Laws for the Accommodation of large Districts of People, unless those People would relinquish the Right of Representation in the Legislature, a Right inestimable to them, and formidable to Tyranny only.
HE has called together Legislative Bodies at Places unusual, uncomfortable, and distant from the Depository of their public Records, for the sole Purpose of fatiguing them into Compliance with his Measures.
HE has dissolved Representative Houses repeatedly, for opposing with manly Firmness his Invasions on the Rights of the People.
HE has refused for a long Time, after such Dissolutions, to cause others to be elected; whereby the Legislative Powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining, in the mean Time, exposed to all the Dangers of Invasion from without, and Convulsions within.
HE has endeavoured to prevent the Population of these States; for that Purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their Migrations hither, and raising the Conditions of new Appropriations of Lands.
HE has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary Powers.
HE has made Judges dependent on his Will alone, for the Tenure of their Offices, and the Amount and Payment of their Salaries.
HE has erected a Multitude of new Offices, and sent hither Swarms of Officers to harrass our People, and eat out their Substance.
HE has kept among us, in Times of Peace, Standing Armies, without the Consent of our Legislatures.
HE has affected to render the Military independent of and superior to the Civil Power.
HE has combined with others to subject us to a Jurisdiction foreign to our Constitution, and unacknowledged by our Laws; giving his Assent to their Acts of pretended Legislation:
FOR quartering large Bodies of Armed Troops among us:
FOR protecting them, by a mock Trial, from Punishment for any Murders which they should commit on the Inhabitants of these States:
FOR cutting off our Trade with all Parts of the World:
FOR imposing Taxes on us without our Consent:
FOR depriving us, in many Cases, of the Benefits of Trial by Jury:
FOR transporting us beyond Seas to be tried for pretended Offences:
FOR abolishing the free System of English Laws in a neighbouring Province, establishing therein an arbitrary Government, and enlarging its Boundaries, so as to render it at once an Example and fit Instrument for introducing the same absolute Rule into these Colonies:
FOR taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
FOR suspending our own Legislatures, and declaring themselves invested with Power to legislate for us in all Cases whatsoever.
HE has abdicated Government here, by declaring us out of his Protection, and waging War against us.
HE has plundered our Seas, ravaged our Coasts, burnt our Towns, and destroyed the Lives of our People.
HE is, at this Time, transporting large Armies of foreign Mercenaries to complete the Works of Death, Desolation, and Tyranny, already begun with Circumstances of Cruelty and Perfidy, scarcely paralleled in the most barbarous Ages, and totally unworthy the Head of a civilized Nation.
HE has constrained our Fellow-Citizens, taken Captive on the high Seas, to bear Arms against their Country, to become the Executioners of their Friends and Brethren, or to fall themselves by their Hands.
HE has excited domestic Insurrections amongst us, and has endeavoured to bring on the Inhabitants of our Frontiers, the merciless Indian Savages, whose known Rule of Warfare, is an undistinguished Destruction, of all Ages, Sexes, and Conditions.
IN every Stage of these Oppressions we have Petitioned for Redress in the most humble Terms: Our repeated Petitions have been answered only by repeated Injury. A Prince, whose Character is thus marked by every Act which may define a Tyrant, is unfit to be the Ruler of a free People.
NOR have we been wanting in Attentions to our British Brethren. We have warned them, from Time to Time, of Attempts by their Legislature to extend an unwarrantable Jurisdiction over us. We have reminded them of the Circumstances of our Emigration and Settlement here. We have appealed to their native Justice and Magnanimity, and we have conjured them by the Ties of our common Kindred to disavow these Usurpations, which would inevitably interrupt our Connexions and Correspondence. They too have been deaf to the Voice of Justice and of Consanguinity. We must, therefore, acquiesce in the Necessity, which denounces our Separation, and hold them, as we hold the Rest of Mankind, Enemies in War, in Peace Friends.
WE, therefore, the Representatives of the UNITED STATES OF AMERICA, in GENERAL CONGRESS Assembled, appealing to the Supreme Judge of the World for the Rectitude of our Intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly Publish and Declare, That these United Colonies are, and of Right ought to be, FREE AND INDEPENDENT STATES; that they are absolved from all Allegiance to the British Crown, and that all political Connexion between them and the State of Great-Britain, is, and ought to be, totally dissolved; and that as FREE AND INDEPENDENT STATES, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which INDEPENDENT STATES may of Right do. And for the Support of this Declaration, with a firm Reliance on the Protection of DIVINE PROVIDENCE, we mutually pledge to each other our Lives, our Fortunes, and our sacred Honour.
John Hancock.
GEORGIA, Button Gwinnett, Lyman Hall, Geo. Walton.
NORTH-CAROLINA, Wm. Hooper, Joseph Hewes, John Penn.
SOUTH-CAROLINA, Edward Rutledge, Thos Heyward, junr. Thomas Lynch, junr. Arthur Middleton.
MARYLAND, Samuel Chase, Wm. Paca, Thos. Stone, Charles Carroll, of Carrollton.
VIRGINIA, George Wythe, Richard Henry Lee, Ths. Jefferson, Benja. Harrison, Thos. Nelson, jr. Francis Lightfoot Lee, Carter Braxton.
PENNSYLVANIA, Robt. Morris, Benjamin Rush, Benja. Franklin, John Morton, Geo. Clymer, Jas. Smith, Geo. Taylor, James Wilson, Geo. Ross.
DELAWARE, Caesar Rodney, Geo. Read.
NEW-YORK, Wm. Floyd, Phil. Livingston, Frank Lewis, Lewis Morris.
NEW-JERSEY, Richd. Stockton, Jno. Witherspoon, Fras. Hopkinson, John Hart, Abra. Clark.
NEW-HAMPSHIRE, Josiah Bartlett, Wm. Whipple, Matthew Thornton.
MASSACHUSETTS-BAY, Saml. Adams, John Adams, Robt. Treat Paine, Elbridge Gerry.
RHODE-ISLAND AND PROVIDENCE, &c. Step. Hopkins, William Ellery.
CONNECTICUT, Roger Sherman, Saml. Huntington, Wm. Williams, Oliver Wolcott.
IN CONGRESS, JANUARY 18, 1777.
ORDERED,
THAT an authenticated Copy of the DECLARATION OF INDEPENDENCY, with the Names of the MEMBERS of CONGRESS, subscribing the same, be sent to each of the UNITED STATES, and that they be desired to have the same put on RECORD.
By Order of CONGRESS,
JOHN HANCOCK, President.
BALTIMORE, in MARYLAND: Printed by MARY KATHARINE GODDARD.
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