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2/5/2009 4:57:16 PM
Home School Legal Defense Association
HSLDA: Justice Candidate a Threat to Parental Rights

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From the HSLDA E-lert Service...
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HSLDA: Justice Candidate a Threat to Parental Rights

Dear HSLDA Members and Friends:

David Ogden has been nominated by President Barack Obama to the
position of deputy attorney general of the United States, the second
highest position in the Justice Department. His hearings are
scheduled for today, February 5, 2009.

Home School Legal Defense Association urges all of its members to
immediately telephone both U.S. senators from your state to oppose the
nomination of David Ogden.

The most important reason to oppose Ogden's nomination is his belief
that the rules found in the UN Convention on the Rights of the Child
(http://www.hslda.org/elink.asp?id=6077)
are already binding on the United States under the doctrines of
international law.

In the Supreme Court case of Roper v. Simmons, 543 U.S. 551 (2005),
Ogden argued in a brief that the rules banning the juvenile death
penalty contained in the UN Convention on the Rights of the Child were
customary norms of international law "binding on all states."

For background information on this doctrine, see Michael Farris'
article, "A Deeper Understanding of the Threat of International Law"
in the November/December 2007 Home School Court Report
(http://www.hslda.org/elink.asp?id=6078 ).

This means that Ogden believes that the legal rules contained in the
UN Convention on the Rights of the Child are already binding on the
United States, even though this treaty has never been sent to the U.S.
Senate for ratification.

Homeschoolers have long understood the dangers of this international
treaty, which contains the core principle that the government may
decide what it believes is best for each child without any proof of
wrongdoing by the child's parents. Ogden promoted the use of this UN
treaty in the Supreme Court to reach the conclusion that America's
courts have the power to overrule state law, using international law
as their guidepost for constitutional interpretation. Unfortunately,
he was successful in doing so in the Roper case.

It also means that Ogden is a proven advocate for the position that
international law should be used to interpret the Constitution of the
United States and bind the decisions of our elected officials.


If this weren't enough, Ogden has a history of representing Playboy
and other purveyors of pornography in high-profile legal cases. He
also challenged the legality of using filters on library computers to
protect children from seeing pornography. It would be hard to imagine
how Ogden would faithfully enforce the nation's pornography laws if he
is placed in this position at the Justice Department.

The United States Senate needs to understand right now that the
American public will not countenance the idea of the nation being led
by people who believe that international law trumps American law.

Please call both of your U.S. Senators today to register your
opposition to David Ogden.

Sincerely,

Michael P. Farris
HSLDA Chairman

Contact your senators now >>
http://www.hslda.org/elink.asp?id=6079

Note: It would be best to call the local offices of your senators in
your state, as phone lines on Capitol Hill are tied up by voters
concerned about pending economic incentive legislation.

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-> Can you look at the clouds and tell the direction of the wind?

An interesting phenomenon of wind is that it can blow in multiple
directions at the same time, at different heights from the ground.
But usually there is a prevailing wind. HSLDA watches the gusts
and monitors the prevailing trends of change in the legal climate
of home education. So no matter which way the wind is blowing,
we're there to protect your family.

More reasons to join HSLDA...
http://www.hslda.org/elink.asp?id=1938

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