Friday, May 13, 2016

Schooling and the 5th amendment

Amendment V

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
 I don't hesitate to say that I believe that forced schooling violates the Due Process clause in the 5th (and 14th - more on that in a future post) amendment. That's the part of the amendment that states:
nor be deprived of life, liberty, or property, without due process of law
Children are being forced into environments that clearly take away liberty. They are not given an opportunity to state their case against having their rights taken from them, and they are never presented with opportunities to avoid the harm caused by the process. They are ultimately being held against their will in government-run institutions.

Technically speaking, there are ways to avoid schooling. Unfortunately, they are not properly presented and the children never seem to have a say. Many places have requirements that you specifically have to inform them if you will not subject children to our mental prison system. Additionally, numerous localities have passed truancy laws. These laws essentially state that it is a criminal offense for any child refuse to hand over their personal liberties. Truancy laws are clearly unconstitutional, but I have to admit that it would be difficult to convince Supreme Court justices of this obvious reality when embracing the schools is currently mandatory to reach the position.

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