The Constitution proposes that one of the functions of the central government is to PROMOTE the general welfare of the populance (note - not PROVIDE as is stated for common defense) This axiom mandates neither that the central government be the sole agent working for the common good, nor that it should be in a position to DECIDE what is in fact the common good. I say again that if you propose that Elian's Miami relatives were justified in a criminal act because they did so under the belief that they were acting in the child's best interests then must sanction the right of some person or agency to decide the same for YOUR child, over and above your pleas to retain custody. To fail to agree with this is to propose that your self-righteousnes places you in a position over and above those you seek to bind to your political and moral beliefs, thus nullifying the declaration that "all men are created equal".