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okay today is day 9 and we are wrapping

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up the 14th amendment we dealt with the

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new process pulse last time and this

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time we're wrapping up with the equal

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protection clause the two most powerful

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things we have in our arsenal and so

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this is the Fourteenth Amendment part

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two so very quickly we're going to walk

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through the outline you've already seen

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this outline in the last class and I'm

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going to show you where we're you know

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today and where we're completing it

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so we dealt with the due process clause

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and that's why you see that line now the

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next thing is the equal protection

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clause the part of that section one of

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the Fourteenth Amendment and remember

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the other sections of the Fourteenth

0:48

Amendment no longer apply because

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they've dealt with individuals being

0:53

prohibited from certain things because

0:56

they served in the Confederacy and all

0:58

of those people are long since passed

1:00

away so we're only dealing with section

1:02

1 so we're going to talk about equal

1:05

protection what means where it comes

1:07

from how it applies we're going to

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clarify again that it applies to all

1:12

persons not just citizens we're going to

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talk about how equal protection is under

1:19

mental to the concept of freedom it's

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one of the fundamental principles of how

1:22

we in the course ensure freedom and the

1:26

concept existed long before the 14th

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amendment was ratified and it's

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something that the federal courts have

1:32

sought to implement long before the

1:36

Fourteenth Amendment but the Fourteenth

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Amendment applies that concept

1:39

specifically to the states so they have

1:42

to comply with it as well it deals with

1:46

classifications or how we group people

1:49

and treat those groups differently than

1:51

other groups and this is a legitimate

1:53

function of government we have to be

1:56

able to categorize people and provide

1:59

benefits or hotel certain activities

2:02

with certain groups there are criminal

2:04

groups there are law-abiding groups for

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instance we have to be able to treat

2:08

people who are within that curve

2:11

group differently than we do people who

2:14

are within the law-abiding group so that

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in many cases is a natural normal and

2:19

perfectly acceptable classification but

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there are other classifications they're

2:23

not and we'll talk about this term

2:27

invidious and what it means and how the

2:29

court uses it you'll see it all the time

2:31

in equal protection cases we'll

2:34

understand how the court has said that

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the rights must be the same for meri pet

2:39

for married and unmarried alike and

2:42

basically what they're saying is the

2:43

classification of marital status cannot

2:46

be used to discriminate against people

2:48

in many many situations and so we're

2:53

going to we're going to suggest based on

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what the supreme court has we paint very

2:57

clearly said and that is that fit

3:00

parents are the only applicable or

3:03

acceptable class when it comes to equal

3:05

protection of parental rights we're

3:09

going to show how your criminal rights

3:11

are not tied to the marriage now 100

3:13

years or more ago it was a very common

3:16

concept that rights to be a parent were

3:19

directly tied to the marriage and we had

3:21

things called bastardy laws that

3:24

prohibited children and parents from

3:26

having rights to one another yes they

3:28

were the children who were conceived out

3:30

of wedlock those ideas have changed and

3:33

we'll show you how and why and make the

3:36

clear argument that your parental rights

3:39

cannot be connected to your marriage

3:42

therefore dissolving your marriage

3:44

cannot be the basis for depriving you of

3:47

those rights we'll talk about Stanley

3:49

versus Illinois it's another cases that

3:52

get into how the treatment the courts

3:55

are required to treat single parents the

3:58

same as married parents so they can't

3:59

discriminate against single parents and

4:01

that means your rights are yours

4:03

individually each parent has those

4:05

rights individually they don't belong to

4:07

the marriage and we'll talk about the

4:09

bastardy laws and how those were

4:11

overturned by the United States Supreme

4:12

Court that's what we're going to do

4:14

first is we are going to practice when a

4:20

judge

4:22

is keeping your child from you okay okay

4:28

okay I checked your honor to the court's

4:31

jurisdiction to issue orders in

4:34

violation of the Fourth and Fifth

4:35

Amendment I have a right to privacy and

4:40

this disorder constitutes A's

4:44

unwarranted search into my private

4:47

business

4:47

the court has failed to meet the

4:49

constitutional requirements to order a

4:51

search further in this order constitutes

4:54

an illegal seizure of my person it

4:58

forces me to be restrained in a certain

5:01

place I objected that further because

5:04

the court is seeking to punish me with

5:07

deprivation of a fundamental liberty

5:10

interest the court invokes Fifth

5:12

Amendment criminal protections and I

5:16

assert my Fifth Amendment right not to

5:18

be compelled to testify and not to have

5:21

that fundamental liberty interest in any

5:27

way objection your honor objection your

5:39

honor

5:39

assert objection asserting that I have

5:42

something to hide as a violation of my

5:44

constitutional right I wish to have he

5:47

stricken from the record your honor my

5:54

only love definitely your honor this is

5:57

not about what's in the best interest to

6:00

decide what is in the best interest of

6:02

the children and we have privacy rights

6:05

as an individual that is free from

6:07

government interference and our private

6:09

lives we have it as adults our children

6:12

have it Anaya sir on my behalf and my

6:15

child's to have the action your honor

6:19

argumentative and flama Torrey you

6:23

cannot sit here in violation of the

6:25

Fifth Amendment and tell me I have a

6:28

problem for asserting my acosta see

6:30

right and my child at this point done

6:33

just go at the attorney the other

6:35

attorney

6:35

ha I'm not going to let you the parent

6:37

keep talking so the judges go to the

6:40

attorney and say please proceed with

6:42

what we're here for today

7:02

Your Honor I would like to file the

7:05

recognition error on the field in

7:10

violation of my Fourth Amendment rights

7:12

my child's Fourth Amendment rights is

7:14

constitutes a and unwarranted either of

7:17

my child the farmer I've already ruled

7:22

on this I understand that you test

7:23

records that lets you reject your

7:26

objection I also have overruled your

7:29

objections I believe that we have the

7:31

authority according to statute you know

7:34

if not showing me you can have anything

7:36

for me to consider not following statute

7:40

your honor life objecting that you have

7:43

not met the constitutional bar to

7:46

intervene statute alone is not

7:48

sufficient to provide the court

7:50

jurisdiction to act versus dragonboat

7:54

tells us that the court must have a

7:56

finding of fact on the record that

8:00

provides some basis for the courts

8:03

action and that that basis must include

8:06

a balancing test of all of their rights

8:08

involved and so there they must apply

8:12

these standards even if it costs more or

8:15

if it's more burdensome 1/4 so they

8:18

cannot say that hey we kneel with

8:19

thousands of these divorce cases we

8:21

can't possibly apply this level of

8:23

scrutiny to everyone

8:24

well they don't get to say that they

8:26

must apply the proper levels of scrutiny

8:28

if they're going to going through the

8:30

proper rights and you are learning how

8:32

to hold them accountable

8:33

to that