Another Teacher Rape of a Young Boy, Another Future Child Support Claim

By Alan W. Cohen

It seems like it happens every year. Some loco female teacher go gaga over a young boy, and is found out only when a child results. It happened again this week, when it was reported:

“Marissa A. Mowry, 25, was arrested by the Hillsborough County Sheriffs Office and taken to the county’s jail, Fox 13 reported.

Mowry reportedly started a sexual relationship with an 11-year-old boy in 2014 when she was 22, police said, adding that the relationship went on until the boy was 14.

In October 2014, Mowry gave birth to a child who is now 3, deputies said.

Mowry is facing sexual battery and sexual assault charges. The Hillsborough County Sheriffs Office Child Protective Division is also investigating the incident, WFLA added.”

Here’s the bad news for that boy. In just four years, he will be a legal adult, and that same rapist will likely go after him for child support and win. Yes, being the victim of a rape is no defense to child support. That was something that was decided in the family courts more than 25 years ago when a Wisconsin Court of Appeals found that a being raped as a minor was no defense to paternity, that the resulting child was the innocent one, and all children deserve to be supported. Period. All 50 states have adopted this principle, as has our federal government. All that matters is that the sperm hits the egg.

A more immoral statement has never been spoken. And that is what our nation has turned into, a land where right is wrong and wrong is right, where the Natural Law that Aristotle spoke of, is turned completely on its head. The Roman senator Cicero distinguished between the laws of nature and the law of man. The law of nature was moral and incorruptible, while the law of man changes with the wind, the will of the mob against the rights of the individual.

What we have in America, and have had for more than 150 years, is man made law trumping natural law. As I explain in my new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce, the Founders of our great nation believed in the Natural Law, that, as stated in the Declaration of Independence, “we were endowed by Our Creator with certain unalienable rights” including the Right to Parent and the Right to Marry, rights that are forever entwined in Religious Liberty. When our Supreme Court, beginning in 1833, turned away from individual liberty in favor of majority rule, it turned against Natural Law. As Locke once said, Natural Law is right reason, that is purely ethical. Our Founders agreed, finding that government had no authority under the Constitution to compel anyone to do anything when it came to how to raise their children.

In 1888, the Supreme Court rejected the Founders and adopted a bastardized version of English marriage law that was based on the canons of the Anglican Church, forcing all Americans to adhere to what was, in England, a voluntary choice. The government was thus free to compel individuals to adhere to its rules, one being that a husband must support his children or be subject to state determined punishment. In 1973, the Supreme Court ruled that children had no right to financial support from their fathers, but if a state required fathers to support their children, it could not discriminate based on marital status. The federal government pounced, and issued laws requiring all fathers to support their children until age 18, creating an immense bureaucracy that puts the IRS to shame, to enforce that edict.

So, for this now 14-year-old boy, who will be forever traumatized, the rape is not over. It will continue for the next 15 years thanks to the federal government and the Supreme Court.

Alan W. Cohen is retired after more than 25 years as an attorney practicing Family Law. He is also the author of America Solved: A New Family for the 21st Century, a scathing review of what he calls The Child Support System.

Recent Past Blogs:

RIP: Herma Hill Kay, Creator of No-Fault Divorce, Destroyer of Traditional Marriage

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Three Important Lessons I Learned from Georgetown Professor Randy Barnett

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New Copy of the Declaration of Independence Brings Out the Crazies

By Alan W. Cohen

There is no doubt that certain people in high places want to cast doubt on anything that is America, particularly our founding. But this latest pronouncement coming from two Harvard professors is over the top nuts.

You may have heard on the news that someone in Great Britain discovered a parchment document purported to be an original copy, meaning a true hand written copy of the Declaration of Independence. Assuming that it is a true document, and no one has explained how it could be a true document, what is different from the original? Are there passages different? No. Does the document contain different words? No. Did different people sign the document? No.

So what is the big deal? It turns out that the order of signatures are different. So what? We all know how the Declaration came to be. Continental Congress met and each colony voted. The Declaration went through the mill until all thirteen colonies voted to consent. So, now two Harvard professors are claiming that there is some special meaning to the order of the signatures. In the original, the signers were organized by their newly founded states. In this new copy, they are randomly signed. Before getting into the weeds of what that difference might signify, lets imagine that this document is authentic. How would it have come about? After signing the original, the Continental Congress needed to spread the word, and that required copies. Since no copy machines were then available, scribes copied the document by hand, and then asked the signers to redo their respective John Hancocks. Therefore, there was no purpose behind the order of signatures for the copies. The scribes probably had to chase down the signors, who just signed somewhere on the page.

But two Harvard professors have declared some hidden meaning behind this difference, that it must mean that federalism is a fiction. Alas, the Founders signed as one nation, not as a collection of states. And,  your point is? Doesn’t the Constitution begin We the People of the United States? Of course, it is from the people. The Declaration itself is about alienable rights and the pursuit of happiness, not of the states, but of the people who live in those states. Those same people divvied up authority between the federal and state governments, reserving those inalienable rights for themselves.  That is what we call federalism.

I am beginning to wonder what they are smoking at Harvard.

Alan W. Cohen is an author and blogger, retired from the practice of law after 25 years. His new book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce is available on Amazon.

Read Past Blogs:

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Three Important Lessons I Learned from Georgetown Professor Randy Barnett

By Alan W. Cohen

The one thing I learned while I was in college was that scholars are pretty much set in their ways, and are rarely open to new ideas, especially if those new ideas challenge their entire way of thinking. At 57, I was pretty set in my ways. I had attended a top journalism and law school, had practiced in my field for more than 25 years, writing and teaching seminars. I thought I knew it all, or at least had a firm grasp. I had just published my book, America Solved, my attempt to reverse the destructive federal  child support policies of the past fifty years.

That was almost a year ago. I had been a converted Democrat, and time had transformed me into a Libertarian, with Reason Magazine as my bible. That is where I learned about Randy Barnett and his new book, Our Republican Constitution, and it was in that book that I learned the three important lessons that would lead me to my book, Private Vows: The Case for Ending State Regulation of Marriage and Divorce.

Lesson One: When in law school, I was taught that the source of fundamental rights was the Constitution. It made sense. We have First Amendment rights to free speech, etc. Yet, as are most Americans, I didn’t quite understand the source of those rights not specifically mentioned, especially the Right to Privacy. Practicing in family law, I relied on two of those rights not enumerated, the Right to Parent and the Right to Marry. I accepted those rights because the Supreme Court recognized them as fundamental, although I held on to the view of Mr. Justice Goldberg that those rights exist in the Ninth Amendment. Randy Barnett taught me, however, that the source of these rights lay not in the Constitution, but what was written in the Declaration of Independence. The People have inalienable rights. They transfer some authority to state government, where their elected servants administer their appointed duties for the public good. The People also transfer some to the federal government, i.e., the Constitution, to protect them from foreign intrusion. But since those rights are inalienable, the People lack the ability to transfer, or give up those rights, and thus any act of state or federal legislatures that violate those fundamental rights is void at is inception. Suddenly, it all made sense. The Bill of Rights does not confer rights. It defends them. Congress shall make no law …

Lesson Two:  Elections are based on majority rule, and it has been drilled into us that the view of that majority that should prevail.  We are constantly bombarded from the left and the right, each claiming that their view is correct because they represent the majority. What I learned from Randy Barnett, however, is it that the Constitution is not We the People as the majority, but We the People as a collection of  individuals. As an amateur historian, I recall the folly of the Kansas-Nebraska Act, based on a theory that one group of people could vote to enslave another.  The same question applies to those majority who would restrict the Right to Marry. In 2015, in Obergefell v. Hodges, the Supreme Court made a finding that marriage in America began as a purely private affair, and then evolved. My book,  Private Vows, answers the question of how that happened. But I could not have accomplished that goal without this lesson that I learned from Randy Barnett. Since We the People is a collection of individuals endowed with inalienable rights, and since one of those rights is the Right to Marry, the People could not transfer to their elected representatives the authority to restrict that right. Therefore, state regulation of marriage and divorce is unconstitutional, as are federal laws that impact the Right to Parent.

Lesson Three: Whether it be the current state action to void the Trump Travel Ban or during the Civil Rights Era, where George Wallace and his fellow segregationists so argued, the idea of State’s Rights always intrigued me. Yet, Randy Barnett taught me that State’s Rights is a fiction. States don’t have rights. The Tenth Amendment recognizes that the people did not give complete authority to the federal government. Elected state officials have authority, and that authority is limited to what is specifically conferred. For Private Vows,  Barnett made me fully appreciate that the Tenth Amendment is not a source of authority for what the Supreme Court as recently as 2013 declared, that domestic relations was traditionally left to the states to regulate. Barnett taught me that tradition is not a Constitutional argument. We have to look to our Founding Documents.  Rather, the Declaration of Independence instructs us that the People have the inalienable right to marry, to parent, and to the Pursuit of Happiness. States do not have the authority to regulate marriage and divorce because the Constitution gives the the People’s elected servants no such authority, and any act to interfere in purely private acts is void at its inception.

Thank you Randy Barnett for teaching this old dog a new trick, and I will be forever grateful. You have given me a greater appreciation of the wisdom of our Founders than I thought possible. My personal goal is to share what I learned from you, and to broadcast it for the better of the people of the United States of America.

Alan W. Cohen is a graduate of the University of Missouri-Columbia School of Journalism and the Washington University (St. Louis) School of Law. Now a full-time author and blogger, he practiced Family Law in the St. Louis area for more than 25 years. His books are available on Amazon.

Easter Message: Why Religion is Vital to Maintaining Our Liberty

By Alan W. Cohen

As American Christians near the Easter holiday, it is important to recognize the vital role of religion preserving our liberty. No, I am not talking about our Judeo-Christian heritage. I am talking about all religions.

Our sixth president, and last founding father, John Quincy Adams, once said that religion is nothing more than ethics, and ethics is how we choose to live our lives. Belief in a higher being means recognizing that there is something greater than ourselves, that we are not the center of the universe, a concept that seems lost in many in the younger generation. Religion provides us with the mirror that we truly require to look beyond our own immediate needs, to see our own behaviors, and how it might affect others. I for one am not a religious person, but I live my life by a a credo born of my Jewish faith. I believe that I live righteously, and do what is best for my family, my community and my country. I live everyday thinking how I might accomplish that goal, and my writings, especially my books America Solved, and my February 2017 publication of Private Vows, are my personal evidence of that enterprise. And it is the goal of this blog to better America by seeing it return to the liberty that we lost in the battle over slavery in America as I explained in my introductory post.

Religion teaches us that we must join together for the common good, but it is our personal behavior, our minute by minute interactions with others that is penultimate for freedom to operate. We must have empathy for the rights of others, rights guaranteed to us in the Declaration of Independence. Think about it. Wouldn’t it be nice if those leftist bots that protest the free speech of others on college campuses would grasp that concept? Perhaps, they need to go to church to learn about respect because they certainly hadn’t yet learned it, especially respect for those elders who choose to share their life experiences to better the younger generation.

And so, for my Christian brothers and sisters, enjoy your Easter holiday, and consider how you are working to preserve and protect the rights of others to do practice their faith in the freest nation in the history of the world.

Alan W. Cohen graduated from the University of Missouri-Columbia Journalism School and the Washington University (St. Louis) School of Law. He has retired after practicing family law in the St. Louis area for more than 25 years.

Can Millennials Save Marriage in America? Studies Say Yes.

By Alan W. Cohen

In my 25 years as a family law attorney, I witnessed an increasing parade of lost souls seeking happiness, never realizing, as Aristotle tells us, that happiness takes a lifetime to achieve. The Declaration of Independence guarantees the right to pursue happiness. It does not guarantee it.  As I explain in my book, America Solved, published in 2015, marriage is a learned skill, cultivated over generations, a skill that has been lost to the false promises of government that made them believe that it was the solution that all their ills, and that they would find solace in a compassionate court system that would bring them comfort and joy.

As I explain in my new book,  Private Vows , the court system was never intended to fix anything. It was intended to deter people, mostly men, from failing to meet their legal obligations, knowing that society was well suited to deter women from doing so. It is, and has been for almost two generations, ill-fitted and ill-suited for the times, becoming divorce factories, churning out sausage that, as H.L. Mencken said of legislation, no one of weak stomach should see be made. Family courts have become, as one lawyer-advertiser accurately describes, little fiefdoms, with judges, under the guise of judicial discretion, applying laws arbitrarily and punishing people capriciously, not to achieve some greater public policy of right and wrong, but to fit their personal whims, much to the distress of those litigants that find themselves in the cross hairs.

In a recent article from P.J.Media, provides some hope. It turns out that millennials are fed up with the status of the family unit as it has become today, and yearn for the stability of the past, the Leave it to Beaver world of stay-at-home moms and worker dads. While they agree that women should have a choice to enter the workforce, millennials crave the world where their children come home to a loving parent, not wailing away in some day care.  As I explain in America Solved, young men and women today are completely confused as to what they were supposed to do. Mind you, the post-war generation is a singular time in history. At our founding we were an agrarian society, where husbands and wives worked side by side, and their children were charged with helping out in any way they could. In the Gilded Age, women took on roles in sweat shops alongside their children to supplement the family income.  They knew that for their marriage to work, they must be all in.

As I explain in Private Vows, the Founders never intended for government to have a role in family matters. As the Supreme Court said in 2015, marriage began in America as a purely private affair, and then morphed into what we have today. The Founders intended for people to have the freedom to make their own life decisions without government interference that is both unconstitutional and unconscionable. Thus, those millennials that seek to restore the sanctity of what they see as traditional marriage, they must seek the wisdom of the Founders, and join to rid themselves of the tyranny of government interference in their inalienable right to the Pursuit of Happiness.

As I explain in America Solved,  government does not solve the problem; government is the problem. As I explain in Private Vows, everything the courts have said for the past 150 years about marital duties and rights is a blatant misinterpretation of what we call the common law. Nothing in the Constitution gives the state, and especially the federal government, the authority to force their views upon us when it comes to the family. Marriage under English law was a contract, and contracts are about voluntary action, and that is what our Founders prescribed.

Alan W. Cohen is a graduate of the University of Missouri-Columbia School of Journalism and the Washington University (St. Louis) School of Law. His books are available on Amazon.