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Bill
of Attainder |
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Any
legislative act that singles out an
individual or group for punishment
without a trial |
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It would seem all non-custodial parents
are the victims of this, as they are
a class created by the state to discriminate
against. |
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We
also now know that the excuse of the
"best interest of the children"
has been scientifically proven wrong
and that only shared parenting with
near equal access to both parents
is in their best interests.. |
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The Framers
were spare of words but were so
disgusted with such practices that
they repeated themselves on this
issue. Article 1, Section 9 of the
Constitution states:* "No Bill
of Attainder or ex post facto Law
shall be passed,"* and Section
10 explicitly says:* "No State
shall...pass any Bill of Attainder."*
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For most of us the first question
is: What is a bill of attainder, and
why are they so repulsive? |
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A
Bill of Attainder is briefly defined
as a legislative act that singles
out an individual or group for punishment
without a trial. |
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HB06-1267 clearly
singles out men accused of siring
a child and widows of men accused
of siring a child and denies them
judicial remedies. "Such actions
were regarded as odious by the framers
of the Constitution because it was
the traditional role of a court,
judging an individual case, to impose
punishment." William H. Rehnquist,
The Supreme Court, page 166. |
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Or listen to James Madison in 1788
when he published Federalist Papers,
no. 44 <http://www.foundingfathers.info/federalistpapers/fed44.htm>: |
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"Bills
of attainder, ex post facto laws,
and laws impairing the obligations
of contracts, are contrary to the
first principles of the social compact,
and to every principle of sound
legislation. ... The sober people
of America are weary of the fluctuating
policy which has directed the public
councils. They have seen with regret
and indignation that sudden changes
and legislative interferences, in
cases affecting personal rights,
become jobs in the hands of enterprising
and influential speculators, and
snares to the more-industrious and
less-informed part of the community." |
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With regard
to "fluctuating policy"
and "sudden changes and legislative
interferences" I note that
SB05-181 only became fully effective
on January 1, 2006, and the current
Bill of Attainder, HB06-1267 was
quickly introduced on February 1st,
* just one month later*, to correct
flaws in SB05-181. |
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This is not
settled law that citizens might
reasonably abide by but arbitrary
and capricious actions of an uncontrolled
and unsettled government. HB06-1267
was written to patch holes and mistakes
in SB05-181, which was written to
fix problems with previous bills,
and so on. And the whole child support
system is dysfunctional and bureaucratic
enforcement has made family issues
worse. This a not a problem that
will be solved by bills of attainder.
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And what better
description of the bureaucratic
nightmare of the multi-billion dollar
child support enforcement industry
than: |
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"...sudden
changes and legislative interferences,
in cases affecting personal rights,
become jobs in the hands of enterprising
and influential speculators, and
snares to the more-industrious and
less-informed part of the community." |
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Such profound
insight makes me ever more proud
to be a heir of the great genius
that helped establish this nation,
and ever more disgusted with the
pandering politicians sitting in
the Colorado legislature doing the
bidding of self-serving bureaucrats
whose task in life is to destroy
men, families, and children. |
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Further, there
can be no specious claim that child
support is entirely a civil matter.
Criminal penalties and incarceration
are inherent in these bills if a
targeted party fails to comply,
and forced labor, indeed slavery,
is certainly punishment for those
many unfortunates caught up by paternity
fraud and denied judicial remedy
by SB05-181 and HB06-1267. |
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The problems
with HB06-1267 and its progenitors
seem to be obvious to everyone but
Senator Mitchell and his compatriots.
Again, if you would like to comment
on this bill, child support enforcement,
or paternity fraud problems, do
a REPLY ALL to this message. *Charles
E. Corry, Ph.D., F.G.S.A.* |
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