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Clay Page

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The Law and Childhood Obesity?
7/27/2011 6:00:16 AM

On the table during a debate on Wednesday was the issue of childhood obesity and at what point, if any, the government should step in and remove a minor from his or her family.

“If you saw a child that was underfed and you didn’t call CPS, that wouldn’t be acceptable,” Roth said. She argues that it shouldn’t be any different in the case of an overweight minor.

Has intervention on the part of the state, the actions of which are supposed to be subject to control by the people, become so common place that when we hear of a child that was rescued by the intervention of the state, we cheer?

Often times in cases where the state has intervened, minor`s have been subject to treatment at home that deserved intervention and rescue. The situation warranted intervention for safety sake and protection from imminent danger. The question becomes, how far is this level of control taken? Who oversees the actions of the ones who intervene? Is the judgement of the court always correct?

Where issues of child obesity are involved or other situations where imminent danger of harm is not threatened, has the court system and the state the right to extricate children from the home by force?

The author of The Judicial Accountability Initiative Law, (JAIL), Ronald Branson`s mission challenges the self proclaimed right of the state to enter a private domain to abduce a child, from a Constitutional standpoint.

In their representative challenge, the people's statement and petition of grievance against the Judiciary in part states, `We impute the judiciary's breach of its duty, where its adherence to written procedure and law has degraded to such a degree, that the outcome and resolution of cases in these forums has become probabilistic at best, and oligarchically complicit at its worst.`

In other words, the charge is that courts are overstepping their bounds and not abiding by the Constitutional Rule of Law in favor of enforcing state statute.

In your opinion, has the court system gone too far? What is your viewpoint?

Click Here To View Article/Video of discussion.

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