It is unconstitutional to hold an adult as a minor that provided the requisite paperwork for instance. That hasn’t even been dealt with yet. They did that in several documented cases. Also, from a constitutional assessment the courts determined that they can not be treated as one entity but must be treated individually under the law. What parts of the constitution do you disagree with or what parts of being treated individually as required by Texas law (as determined by the appeals court and the Texas Supreme court) don’t you understand? The courts ruled on the basis of those two items, and the Texas statutes are clear on individual due process which did not happen in the initial hearing. Two upper courts determined that. All laws are looked at as written and then if the upper courts had upheld the unlawful ruling, then the flds folks would have had the opportunity to challenge the laws as constitutional or not. So far, the Texas law is constitutional but the court actions did not abide by the law in a constitutional manner.
This is pretty clear to me. From day one, many of us said you cannot treat all 400 plus cases as one case. You have a constitutional right to individual due process.
CPS operations have been up held for decades now as following due process since the adult is not held, only the child is removed from the potential threat while the accused is investigated.
As far as holding adults as well as the question of individual due process, again, been addressed, the secretive nature of the FLDS worked against them, and it was not until well after the action that the individuals in question were fully determined to be adults with verified documentation. In this particular situation, given the realities of what was known that day, and they people they were dealing with, the authorities made the best call, and the proper one. It is easy for us to sit in judgment not having the reponsiabilty to act and the power of hindsight. I would suggest tracking down the account from the Sheriff of that day, for that the point where any judgement will be made from.
Was CPS hasty, perhaps, but it is a large case, and any question of due process with adults is again after the fact. perhaps if the FLDS was a little more trustworthy things could have been different. Of course they are blameless in all of this, I tend to forget that.
Anyways, it is not a disagreement with the Constitution, it is acknowledgment that the definition of what is and isn't “Constitutional” also has to take in account local and state law plus any years of precedent. until something is fully challenged, as long as the activity has survived court challenge, in this case the ability of a CPS agency to remove children from potential danger, it is constitutional.
The courts, so far, have made decisions only within the framework of a statute. There have been no Constitutional decisions outside of your vivid imagination.