Essentially, these are the nuts and bolts of HB1. Suppose that a couple with kids are living over seas and become divorced. The one without custody of the children, an American citizen, later returns to his/her home in Idaho. The one remaining overseas, seeks and is granted a massive support order against the American who has no representation in that foreign land. With HB1 in place, the parent living in Idaho will become completely subject to the foreign ruling.
Representative Ken Andrus voted against the bill. When I asked him why, he told me his research indicated that Idaho already has reciprocity agreements with these foreign countries and through these agreements, we can and do facilitate the collection of child support payments for Idaho families and the payment of child support by Idaho deadbeats. He further stated that this bill is all about the United Nations and Obama forcing us to do it their way.Some of you may be confused because a few weeks ago, I challenged Andrus pretty strongly. I will explain it to you as I explained it to him. If he falls down while taking Constitutionally correct actions, I will be there to lift him. That is what I am doing today. Ken did the right thing and he has my gratitude. Great job my friend.
But, when a law maker Constitutionally lays down… well, you know me.
Senator Jim Guthrie spoke with me about his vote. He began by stating that this law makes it easier for us to collect out of state and out of country child support. Using his best intentions as a guide, he voted yes.Daniel Webster said that the Constitution was written to protect us against the dangers of good intentions.
Misguided good intentions caused Guthrie to take his eye off the ball and he missed the critical question. When asked about Constitutional authority for federal intervention in matters of our state, he said, “I cannot quote article and section”. Then he justified his statement by saying that the Constitution is “open to interpretation”.
Thomas Jefferson taught us how to understand the Constitution. He said, “Carry ourselves back to the time when the Constitution was adopted, recollect the spirit manifested in the debates, and instead of trying what meaning may be squeezed out of the text or invented against it, conform to the probable one in which it was passed”. The Constitution is written in simple and clear English so as to be easily understood by common men. Try it, you’ll like it.
Guthrie circled around and stated that “the bill is not unconstitutional”. Again, I asked the question about Constitutional authority in support of this bill. His reply was a long uncomfortable silence. I thanked him for his time and hung up the phone.
I also reached out to Representative Kelley Packer who has not responded. No surprise there.
Guthrie and Packer, a majority of the House and nearly all of Senate ignored the Constitution and voted their good intentions. Let us examine the damage as it relates to Article 1 of the Idaho Constitution.
Section 1 is violated when people are forced, without consent or compensation, to fund the bribe that the federal government will pay Idaho for its sniveling compliance to federal mandate.
Section 2 is violated because the people lose the right to alter, reform or abolish the foreign government that now shackles us.
Section 3 is violated because the federal mandate that brought us this trouble has no Constitutional authority and therefore, Idaho has knowingly and purposely violated the Constitution of the United States.
Section 4 is violated because foreign law often has no requirement to protect religious liberty.
Section 5 is violated because Habeas Corpus cannot be made a requirement of foreign governments that now control us.
Section 7 is violated because a Trial by Jury cannot happen when foreign law is mandated here but decided elsewhere.
Section 8 is violated because foreign laws are not bound by our requirement for Prosecutions Only by Indictment or Information.
Section 10 is violated because Idaho citizens will have no right to petition the controlling government for redress of grievances.
Section 13 is violated because the right to a speedy trial will be lost when foreign government has all the power.
In Idaho’s own Declaration of Rights, nine of the first thirteen enumerated rights have been sold cheaply by our Governor, a majority of our legislature, and two thirds of the representation in my district.
I can provide an even longer list of violations of the Constitution of the United States but considering my limited space, I submit only this. Article 1 Section 10; “No state shall enter into any treaty…”. Due to criminal legislators, Idaho is now a signatory of the Hague Treaty.
During my conversation with Guthrie, he stated, “I have not memorized the Constitution like you”. My answer to him applies to all legislators and to all people… “You are a Senator, don’t you think it’s time you start?”