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	<title>Comments on: Are Parents Constitutional?</title>
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	<link>http://xrlq.com/2006/11/28/are-parents-constitutional/</link>
	<description>Politische Kommentare mit Snarkenremarken</description>
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		<title>By: triticale</title>
		<link>http://xrlq.com/2006/11/28/are-parents-constitutional/comment-page-1/#comment-114602</link>
		<dc:creator>triticale</dc:creator>
		<pubDate>Fri, 01 Dec 2006 17:05:52 +0000</pubDate>
		<guid isPermaLink="false">http://xrlq.com/2006/11/28/are-parents-constitutional/#comment-114602</guid>
		<description>Oh, it&#039;s definitely a Just Cause issue.

Child: How come I gotta rake the lawn?

Parent: Just &#039;Cause I say so.</description>
		<content:encoded><![CDATA[<p>Oh, it&#8217;s definitely a Just Cause issue.</p>
<p>Child: How come I gotta rake the lawn?</p>
<p>Parent: Just &#8216;Cause I say so.</p>
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		<title>By: Electric Venom &#187; Blog Archive &#187; Snark Hunt - Week 19</title>
		<link>http://xrlq.com/2006/11/28/are-parents-constitutional/comment-page-1/#comment-114184</link>
		<dc:creator>Electric Venom &#187; Blog Archive &#187; Snark Hunt - Week 19</dc:creator>
		<pubDate>Wed, 29 Nov 2006 22:22:24 +0000</pubDate>
		<guid isPermaLink="false">http://xrlq.com/2006/11/28/are-parents-constitutional/#comment-114184</guid>
		<description>[...] Whoa, parents withheld allowance when a teen didn&#8217;t do his chores? Can&#8217;t walk all over them. Can&#8217;t sneak around them. Can&#8217;t get through to them. Better obscure them. [...]</description>
		<content:encoded><![CDATA[<p>[...] Whoa, parents withheld allowance when a teen didn&#8217;t do his chores? Can&#8217;t walk all over them. Can&#8217;t sneak around them. Can&#8217;t get through to them. Better obscure them. [...]</p>
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		<title>By: nk</title>
		<link>http://xrlq.com/2006/11/28/are-parents-constitutional/comment-page-1/#comment-114181</link>
		<dc:creator>nk</dc:creator>
		<pubDate>Wed, 29 Nov 2006 21:43:24 +0000</pubDate>
		<guid isPermaLink="false">http://xrlq.com/2006/11/28/are-parents-constitutional/#comment-114181</guid>
		<description>I thought Xrlq made a very decent argument for original intent.  Even Justice Scalia&#039;s &quot;[Contitutional provisions] should not be read either strictly or liberally -- they should be read fairly&quot; and Justice Thomas&#039;s &quot;every word should be given meaning&quot; lead to what we think are absurd interpretations of the 13th Amendment.  Or does anybody here think that we can sell convicts down the river?</description>
		<content:encoded><![CDATA[<p>I thought Xrlq made a very decent argument for original intent.  Even Justice Scalia&#8217;s &#8220;[Contitutional provisions] should not be read either strictly or liberally &#8212; they should be read fairly&#8221; and Justice Thomas&#8217;s &#8220;every word should be given meaning&#8221; lead to what we think are absurd interpretations of the 13th Amendment.  Or does anybody here think that we can sell convicts down the river?</p>
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		<title>By: Lance</title>
		<link>http://xrlq.com/2006/11/28/are-parents-constitutional/comment-page-1/#comment-114174</link>
		<dc:creator>Lance</dc:creator>
		<pubDate>Wed, 29 Nov 2006 19:04:26 +0000</pubDate>
		<guid isPermaLink="false">http://xrlq.com/2006/11/28/are-parents-constitutional/#comment-114174</guid>
		<description>&lt;blockquote cite=&quot;Oh, c’mon. You know as well as I do that if any circuit were really to rule that way, it would be the Ninth!&quot;&gt;

I especially don&#039;t like that you may be right about that. In fact that is what makes it especially galling, unfair and beneath contempt. There are limits to acceptable satire and hitting too close to the mark is definitely beyond the pale!

Now I go back to Michael and endeavor to plot our revenge. Unfortunately, satire is not my strong suit. Maybe the Sock Puppet King an help me out.&lt;/blockquote&gt;</description>
		<content:encoded><![CDATA[<blockquote cite="Oh, c’mon. You know as well as I do that if any circuit were really to rule that way, it would be the Ninth!">
<p>I especially don&#8217;t like that you may be right about that. In fact that is what makes it especially galling, unfair and beneath contempt. There are limits to acceptable satire and hitting too close to the mark is definitely beyond the pale!</p>
<p>Now I go back to Michael and endeavor to plot our revenge. Unfortunately, satire is not my strong suit. Maybe the Sock Puppet King an help me out.</p></blockquote>
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		<title>By: Quack</title>
		<link>http://xrlq.com/2006/11/28/are-parents-constitutional/comment-page-1/#comment-114173</link>
		<dc:creator>Quack</dc:creator>
		<pubDate>Wed, 29 Nov 2006 19:02:16 +0000</pubDate>
		<guid isPermaLink="false">http://xrlq.com/2006/11/28/are-parents-constitutional/#comment-114173</guid>
		<description>I know this is more of an extreme example to make a point than a serious statement, but you got the premise wrong:

1) Children working for their parents are not subject to the Child labor provisions of the FLSA

2) The &quot;business&quot; likely makes less than $500,000 a year, and is also thus not bound by the FLSA

3) The child makes less than $1400 a year in &quot;wages&quot; and also is exempt under the domestic worker exemption

4) Even if you could stretch things to the point the child was required to be payed minimum wage; room and board is allowed to be considered part of &quot;wages&quot;  So, you have to include that, plus all the clothing and trasnportation provided by the &quot;employer&quot;

See:  Pinocchio v. Geppetto (1883)</description>
		<content:encoded><![CDATA[<p>I know this is more of an extreme example to make a point than a serious statement, but you got the premise wrong:</p>
<p>1) Children working for their parents are not subject to the Child labor provisions of the FLSA</p>
<p>2) The &#8220;business&#8221; likely makes less than $500,000 a year, and is also thus not bound by the FLSA</p>
<p>3) The child makes less than $1400 a year in &#8220;wages&#8221; and also is exempt under the domestic worker exemption</p>
<p>4) Even if you could stretch things to the point the child was required to be payed minimum wage; room and board is allowed to be considered part of &#8220;wages&#8221;  So, you have to include that, plus all the clothing and trasnportation provided by the &#8220;employer&#8221;</p>
<p>See:  Pinocchio v. Geppetto (1883)</p>
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		<title>By: Xrlq</title>
		<link>http://xrlq.com/2006/11/28/are-parents-constitutional/comment-page-1/#comment-114144</link>
		<dc:creator>Xrlq</dc:creator>
		<pubDate>Wed, 29 Nov 2006 17:14:01 +0000</pubDate>
		<guid isPermaLink="false">http://xrlq.com/2006/11/28/are-parents-constitutional/#comment-114144</guid>
		<description>No, I&#039;m saying that anyone who reads the 13th Amendment so hyperliterally as to conclude that it prohibits the draft, will also have to admit that by the same logic, it also bans parenthood.  It&#039;s a reductio ad absurdum (or, to the extent that the original argument about the draft was itself absurd, a reductio ad even-more-absurdum).</description>
		<content:encoded><![CDATA[<p>No, I&#8217;m saying that anyone who reads the 13th Amendment so hyperliterally as to conclude that it prohibits the draft, will also have to admit that by the same logic, it also bans parenthood.  It&#8217;s a reductio ad absurdum (or, to the extent that the original argument about the draft was itself absurd, a reductio ad even-more-absurdum).</p>
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		<title>By: Anwyn</title>
		<link>http://xrlq.com/2006/11/28/are-parents-constitutional/comment-page-1/#comment-114135</link>
		<dc:creator>Anwyn</dc:creator>
		<pubDate>Wed, 29 Nov 2006 15:36:13 +0000</pubDate>
		<guid isPermaLink="false">http://xrlq.com/2006/11/28/are-parents-constitutional/#comment-114135</guid>
		<description>I guess I&#039;m just going to have to admit that this particular sarchasm is too deep for me. Xrlq, you said the plain reading test passed, so are you thus saying that the draft is unconstitutional?

Or am I just being dim?</description>
		<content:encoded><![CDATA[<p>I guess I&#8217;m just going to have to admit that this particular sarchasm is too deep for me. Xrlq, you said the plain reading test passed, so are you thus saying that the draft is unconstitutional?</p>
<p>Or am I just being dim?</p>
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	<item>
		<title>By: SayUncle &#187; SayUncle: Unconstitutional</title>
		<link>http://xrlq.com/2006/11/28/are-parents-constitutional/comment-page-1/#comment-114133</link>
		<dc:creator>SayUncle &#187; SayUncle: Unconstitutional</dc:creator>
		<pubDate>Wed, 29 Nov 2006 15:03:39 +0000</pubDate>
		<guid isPermaLink="false">http://xrlq.com/2006/11/28/are-parents-constitutional/#comment-114133</guid>
		<description>[...] Xrlq brings the snark. Heh. [...]</description>
		<content:encoded><![CDATA[<p>[...] Xrlq brings the snark. Heh. [...]</p>
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	<item>
		<title>By: Xrlq</title>
		<link>http://xrlq.com/2006/11/28/are-parents-constitutional/comment-page-1/#comment-114121</link>
		<dc:creator>Xrlq</dc:creator>
		<pubDate>Wed, 29 Nov 2006 13:43:24 +0000</pubDate>
		<guid isPermaLink="false">http://xrlq.com/2006/11/28/are-parents-constitutional/#comment-114121</guid>
		<description>Michael:

&lt;blockquote&gt;As for the rest of your argument (which is clearly designed to get a rise out of someone making a better argument [cough]Me![cough]), you don&#039;t distinguish between someone who is already a ward of someone else (e.g. prisoner:state::child:parents), and someone who is placed in indentured servitude without just cause.&lt;/blockquote&gt;

The 13th Amendment has no reasonableness / just cause exception, let alone a grandfather clause for slaves already owned prior to its ratification.  Besides, &quot;just cause&quot; can be argued for the draft, as well, at least if it&#039;s used for a legitimate reason rather than the retarded one Charles Rangel is advancing.

&lt;blockquote&gt;IOW, since the parents are already legally bound to care for their wards, and those children are provided for in every freakin&#039; capacity known to man, how can those wards possibly be considered indentured servants? &lt;/blockquote&gt;

The same way drafted soldiers can be.  The state provides a lot of services to them, too.

&lt;blockquote&gt;Based on that definition, Bradley cannot be considered an indentured servant unless and until his parents threaten him with &quot;physical retraint or injury or legal coercion.&quot;  Paying him $20 hardly meets that test, and this line of argument presupposes that, as a ward for whom the parents are required to care for, a child could even be considered a &quot;servant&quot; much less an &quot;indetunred&quot; one.&lt;/blockquote&gt;

If the only consequence is nonpayment of $20, I agree.  However, Bradley&#039;s parents insist they have a right to discipline him more seriously, even to the point of physically restraining him for weeks at a time or, if push comes to shove, enlisting the assistance of the state to herd him into line.  They also dropped hints they may have spanked him on occasion in the past.

Lance:

&lt;blockquote&gt;I agree with Michael. The 9th circuit bit is dirty pool;^)&lt;/blockquote&gt;

Oh, c&#039;mon.  You know as well as I do that if any circuit were really to rule that way, it would be the Ninth!</description>
		<content:encoded><![CDATA[<p>Michael:</p>
<blockquote><p>As for the rest of your argument (which is clearly designed to get a rise out of someone making a better argument [cough]Me![cough]), you don&#8217;t distinguish between someone who is already a ward of someone else (e.g. prisoner:state::child:parents), and someone who is placed in indentured servitude without just cause.</p></blockquote>
<p>The 13th Amendment has no reasonableness / just cause exception, let alone a grandfather clause for slaves already owned prior to its ratification.  Besides, &#8220;just cause&#8221; can be argued for the draft, as well, at least if it&#8217;s used for a legitimate reason rather than the retarded one Charles Rangel is advancing.</p>
<blockquote><p>IOW, since the parents are already legally bound to care for their wards, and those children are provided for in every freakin&#8217; capacity known to man, how can those wards possibly be considered indentured servants? </p></blockquote>
<p>The same way drafted soldiers can be.  The state provides a lot of services to them, too.</p>
<blockquote><p>Based on that definition, Bradley cannot be considered an indentured servant unless and until his parents threaten him with &#8220;physical retraint or injury or legal coercion.&#8221;  Paying him $20 hardly meets that test, and this line of argument presupposes that, as a ward for whom the parents are required to care for, a child could even be considered a &#8220;servant&#8221; much less an &#8220;indetunred&#8221; one.</p></blockquote>
<p>If the only consequence is nonpayment of $20, I agree.  However, Bradley&#8217;s parents insist they have a right to discipline him more seriously, even to the point of physically restraining him for weeks at a time or, if push comes to shove, enlisting the assistance of the state to herd him into line.  They also dropped hints they may have spanked him on occasion in the past.</p>
<p>Lance:</p>
<blockquote><p>I agree with Michael. The 9th circuit bit is dirty pool;^)</p></blockquote>
<p>Oh, c&#8217;mon.  You know as well as I do that if any circuit were really to rule that way, it would be the Ninth!</p>
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		<title>By: Lance</title>
		<link>http://xrlq.com/2006/11/28/are-parents-constitutional/comment-page-1/#comment-114117</link>
		<dc:creator>Lance</dc:creator>
		<pubDate>Wed, 29 Nov 2006 13:36:08 +0000</pubDate>
		<guid isPermaLink="false">http://xrlq.com/2006/11/28/are-parents-constitutional/#comment-114117</guid>
		<description>At the moment I am withholding making any non-definitive, easily excused and run away from judgment on this, but I agree with Michael. The 9th circuit bit is dirty pool;^)</description>
		<content:encoded><![CDATA[<p>At the moment I am withholding making any non-definitive, easily excused and run away from judgment on this, but I agree with Michael. The 9th circuit bit is dirty pool;^)</p>
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