One of the dumber ideas

So concluded Spacebunny, rightly, in considering the proposed Parental Rights Amendment, the text of which runs thusly:

H.J. Res. 42 Parents’ Rights Constitutional Amendment as introduced by Rep. Pete Hoekstra (MI-02)

Section 1: The liberty of parents to direct the upbringing and education of their children is a fundamental right.

Section 2: Neither the United States nor any state shall infringe upon this right without demonstrating that its governmental interest as applied to the person is of the highest order and not otherwise served.

Section 3: No treaty may be adopted nor shall any source of international law be employed to supersede, modify interpret, or apply to the rights guaranteed by this article.

I think Rep. Hoekstra’s heart is probably in the right place, but has he learned nothing from the abuses of the Interstate Commerce Clause? Trying to pass an amendment like this is nothing but a waste of time, as any time a federal or state agency felt like infringing upon parental rights, they would simply declare that its interest was “of the highest order”. Considering that the courts permitted the Federal government to use Interstate Commerce as an excuse to regulate marijuana grown in California and sold in California, it’s simply not intelligent to leave a loophole large enough to drive an infinite number of state and federal agents through.