•  
  •  
 

Document Type

Article

Abstract

(Excerpt)

Why are the requisites for federal constitutional child caretakers largely left to state lawmakers? Both Supreme Court and congressional explanations, when offered, fail to justify the extreme deference and the resulting significant interstate variations as to who is a parent for federal constitutional parental childcare purposes. These very broad variations in who possesses fundamental federal constitutional rights are unique to the childcare setting, causing many problems for children and those who care for them. These problems would be mitigated if child caretakers, like the criminally accused, gun owners, and abortion seekers, were more precisely defined by federal lawmakers. The Supreme Court, not Congress, should provide more precise definitions. New cases should address the open questions that forestall complete uniformity as to who constitutes a federal constitutional parental child caretaker. This Article explores the questions that implicate biological, functional, and contractual legal parents, and how such a resolution by the Supreme Court would benefit child caretakers, their children, and the country overall.

Share

COinS
 
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.