| Our founding fathers were well aware of the | | | | established by which any decision made by the |
| transgression of rights that government can | | | | Supreme Court will override any state or local law. |
| impose. As colonists, they demanded the Rights | | | | I.e. any state law that conflicts with the |
| of Englishmen won some 100 years before. But | | | | constitution, its amendments, or Supreme Court |
| England ignored them for the profits that it could | | | | case law is void. The Supreme Court has clarified |
| extract from the colonies. | | | | and exposed many fundamental rights through its |
| Incensed, we declared independence and insisted | | | | case law - especially with regard to parental rights |
| that "inalienable rights to life, liberty, and the | | | | and has voided hundreds of state laws over time. |
| pursuit of happiness..." existed for all men. Our | | | | When the Constitution was formed essentially |
| government was formed only to secure them - | | | | two jurisdictions of law were put in place for each |
| not to grant them according to its discretion - as | | | | citizen: Federal and those of his State. An |
| this article explains. | | | | understanding (referred to as 'comity') was implied |
| Ratification of our constitution after the American | | | | that the Federal Judiciary will try to respect those |
| Revolution was possible only by adding the Bill of | | | | decisions and judicial procedures of each of the |
| Rights to assure all that there would exist rights | | | | states at least in education, marriage and divorce. |
| that the state could not take away except for | | | | The federal courts will deal principally with federal |
| clear crimes as recognized by one's peers in a | | | | issues. |
| trial. Such rights -inalienable rights- now called | | | | Since the passage of the 14th Amendment and |
| fundamental, constitutional, or civil rights are also | | | | the great intermingling of federal and state issues |
| beyond the vote of the public. Every American | | | | in education, divorce-related issues, and many |
| should know them well and be ever vigilant to | | | | other areas, we should look to our constitutional |
| government's encroachment on them for some | | | | rights to assure ourselves of what we're |
| supposedly 'greater good', because our | | | | ultimately due according to our fundamental rights, |
| fundamental rights are the 'greater good'. | | | | since state rules or laws that may conflict with |
| The Bill of Rights - now identified as the first 10 | | | | them. |
| amendments - were written in clear english so all | | | | Government accountability: |
| would understand their meaning. Nevertheless in | | | | Accountability of our government officials and the |
| enumerating them, our founding fathers feared | | | | ability for us to seek redress to unjust wrongs is |
| that other fundamental rights, not listed, may be | | | | tantamount to preserving our Constitutional rights. |
| lost for lack of inclusion. For this reason the ninth | | | | The Declaration of Independence complained |
| amendment specifically states that such an | | | | about the unaccountability of England's actions to |
| enumeration of our rights shall not be construed | | | | the people of the colonies. |
| to mean there are not other fundamental rights | | | | Also, as stated in Article V of Massachusetts' |
| that the people had an inalienable right to enjoy. | | | | Constitution, " All power residing originally in the |
| As our nation progressed through the Civil War | | | | people, and being derived from them, the several |
| and into the beginning of the 20th Century, more | | | | magistrates and officers of government, vested |
| amendments were added as it became | | | | with authority, whether legislative, executive, or |
| recognized that the state (federal government or | | | | judicial, are substitutes and agents, and are at all |
| state government) was denying rights to classes | | | | times accountable to them.". And as stated in |
| of people that the good conscience of the people | | | | Article XI "Every subject of the commonwealth |
| knew was wrong. Specifically, the 14th | | | | ought to find a certain remedy, by having |
| amendment - born after the Civil War- demanded | | | | recourse to the laws, for all injuries or wrongs |
| that states treat all US citizens equally in regard | | | | which he may receive in his person, property, or |
| to their constitutional rights and that no specific | | | | character. He ought to obtain right and justice |
| group (as blacks) of people could be denied any | | | | freely, and without being obliged to purchase it; |
| of these rights. The 14th amendment made each | | | | completely, and without denial; promptly, and |
| of the states accountable to the U.S. Constitution | | | | without delay; conformably to the laws." Where |
| for each and every one of its citizens. | | | | accountability does not exist -or is operationally |
| Other rights, not explicitly in the Amendments, | | | | stifled- tyranny reigns. |
| but that carry the importance of a fundamental | | | | Today, the state ignores the constitutional rights |
| right - are those arising out of individual cases | | | | of fathers for profit and power. Accountability no |
| decided by the Supreme Court. In fact in the | | | | longer exists under the all-encompassing immunity |
| opening years of the 19th century in the case | | | | laws. |
| Madison vs. Marbury the 'Supremacy Clause' was | | | | |