Biblical Principles of Law by Herbert W. Titus
Herb Titus wrote Biblical Principles of Law, a digital book available fromLawMart.com, which explores the biblical and historical roots of the common law relating to contracts, property, torts and crimes, and compares the biblical/historical view with modern legal trends.
American’s Heritage: Constitutional Liberty by Herbert W. Titus
Herb Titus wrote American’s Heritage: Constitutional Liberty, a digital book available from LawMart.com, which explores the biblical and historical roots of constitutional law in America, and compares the biblical/historical view with modern legal trends.

 

Bill Olson & Herb Titus Articles on Building the Resistance to Same Sex Marriage (Summer 2015)

Reconsidering the U.S. Supreme Court’s Authority to Mandate Same-Sex Marriage (May 27, 2015)

The Fourteenth Amendment Does Not Mandate Same-Sex Marriage (June 6, 2015)

Same-Sex Marriage: Efforts to Have Justices Ginsburg and Kagan Recuse Take a Troubling Turn (June 19. 2015)

Obergefell v. Hodges: Illegitimate, Unlawful, and a Fraud on the American People (June 27, 2015)

An Open Letter: The Duty of the States to Seek Rehearing of Obergefell (July 17, 2015)

Obergefell: Draft Petition for Rehearing (July 17, 2015)

Refusal to Issue a Same-Sex Marriage License is a Civic Duty (September 4, 2015)

 

The Unconstitutional Trial of Donald J. Trump

The Bull Elephant ran the article we wrote with Patrick M. McSweeney on the several ways in which the Senate Trial of President Trump violates the U.S. Constitution.   We address:  Article I, § 3, clause 7; Article II, § 4; Article I, § 3, clause 6; Article I, § 9, clause 3; and Article I, § 5, clause 2.

Link to article


Article: Overcoming the Court’s Abdication in Texas v. Pennsylvania

With Pat McSweeney, Bill Olson wrote this article in Western Journal suggesting a way to circumvent the Supreme Court's dismissal of Texas' original action challenging the  changes in election law unconstitutionally imposed by the Pennsylvania State Supreme Court.

Link to article


Washington Times Op Ed -- "State legislatures have absolute authority to select electors"

The Washington Times published an op ed written by Bill Olson and Pat McSweeney demonstrating the plenary authority of state legislatures to appoint electors.  The piece explains that state certifications of votes are no impediment to a state legislatures power.  And, legislatures may act without the call of the Governor.  It is entitled "State legislatures have absolute authority to select electors."


Paper:  The Constitutional Duty of State Legislatures in a Contested Presidential Election

Today, Bill Olson and Virginia attorney Pat McSweeney released a paper they co-authored entitled "The Constitutional Duty of State Legislatures in a Contested Presidential Election."  The paper discusses in depth the provisions of the U.S. Constitution which vest total responsibility and power on state legislatures to select electors.  This power includes the duty to ensure the integrity of a Presidential election, particularly when there is demonstrated fraud, corruption and foreign intrigue.  The Western Journal  published that article here:  Link to article


ARTICLE: COVID-19: Distancing is no solution to a spiritual problem

Today Herb Titus and I wrote an article carried in The American Thinker on the missing spiritual dimension in addressing the Corona Virus.  Here is just a bit:  "We know from Daniel 2:17 that “the Most High rules in the kingdom of men.”  But we must come to the Lord on His terms, not ours.  He has the power to remove temporal judgments from the people, but repeatedly in Scripture we see His precondition of repentance -- a change of mind, and a change of behavior.  See 2 Peter 3."

Link to article


Article: Schumer's SCOTUS Comments Were Designed To Mislead the Public

The Western Journal published an article by Herb Titus and Bill Olson about the rant by Senate Minority Leader Chuck Schumer against Justices Gorsuch and Kavanaugh. This article focused on what may have been the real purpose of the attack --- to rally leftists to the pro-abortion cause by misrepresenting to the the rabidly pro-abortion crowd and their friends around the country about what a repeal of Roe v. Wade could mean.

Link to article


NY State Rifle & Pistol Assn. v. City of NY:  Oral Argument in First Gun Case to Reach SCOTUS since Heller & McDonald

Prior to the December 2, 2019 oral argument in New York Rifle & Pistol Association, we provided this analysis.


The "Con-Con" Con: The Dangerous Proposal for States to Apply for an Article V Constitutional Convention

Today, Bill Olson and Herb Titus co-authored a paper explaining the serious dangers associated with the calling of an Article V Constitutional Convention. The paper addressed two false premises underlying the proposal: 1. The problem of big government is found in the text of the U.S. Constitution, which can be corrected by changing the words of the document. 2. The only remedy to the problem of an out-of-control federal government is changing the Constitutional text. Additionally, our paper addressed the two false assurances being offered by those demanding that state legislatures put at risk all of our constitutional protections: 1. There is no danger of a Runaway Convention. 2. A small minority of the State Legislatures can stop bad proposals from being ratified.

Link to paper


American Thinker: Why Did Michael Cohen Plead Guilty to Campaign Finance Crimes That Aren't Campaign Finance Crimes?

Jeremiah Morgan wrote this interesting take on why Michael Cohen would plead guilty to a non-crime. First, he explains why there is no campaign finance law violation here, and then discusses how this case provides a precedent to support the ever-increasing criminalization of politics in America.

Link to article


Article: Rob Olson & Herb Titus on SCOTUS Upholding Travel Ban

American Thinker published our analysis of the Trump v. Hawaii decision, issued yesterday.

Link to article


Article: Rob Olson & Herb Titus on SCOTUS Setback to Police State Surveillance

American Thinker published our analysis of the Carpenter v. United States decision, issued yesterday.

Link to article


Article: Bill Olson & Herb Titus on "Supreme Court's Masterpiece Cakeshop Decision Kicks the Can Down the Road"

Restoring Liberty published our analysis of the Masterpiece Cakeshop decision, issued yesterday.

Link to article


Article: "Judicial Imperialism vs. America: Report from The Immigration Front"

Today, www.VDARE.com ran our article giving our lengthy overview of the litigation around the country against the Trump Executive Orders on Immigration.

Link to article


Article: Herbert W. Titus on "Judge Posner's Emporium"

Today Herb Titus wrote a powerful critique of 7th Circuit Judge Richard Posner's astonishing concurring opinion in Hively v. Ivy Tech Community College, issued April 4, 2017.  That case determined that discrimination based on "sex" really means "sexual orientation" --- irrespective of what Congress meant when it enacted Title VII of the 1964 Civil Rights Act.  The article was published by the Judicial Action Group.

Link to article


Article: Overstepping Authority: 9th Circuit Judges Substitute Their Policy Preferences for That of Trump's

Today, CNSNews ran our article discussing yesterday's decision of the Motions Panel of the 9th Circuit Court of Appeals denying the Trump Administration's Motion for Stay of the Temporary Restraining Order.

Link to article


Article on CNS News: 'Justice' Neil Gorsuch? Some Cause for Concern

Today, CNS News republished our article with Larry Pratt on Judge Neil Gorsuch.

Link to article


Article in American Thinker: Judge Neil Gorsuch: Some Cause for Concern

Today the American Thinker published an article by Bill Olson and Larry Pratt, Executive Director Emeritus of Gun Owners of America, evaluating Judge Neil Gorsuch as a U.S. Supreme Court Justice.

Link to article


Article: Is Trump America's Jephthah?

Today, the Judicial Action Group published Herb Titus's article entitled "Is Trump America's Jephthah?"

Link to article


Article: "Manuel v. Joliet: Blocking the Courthouse Door to Victims of Police Misconduct"

This morning, the American Thinker published Jeremiah Morgan’s article about the amicus brief we filed in Manuel v. City of Joliet.  The U.S. Supreme Court will hear oral argument in this case on Wednesday, October 5.  The article explains why victims of police misconduct should be able to bring a Fourth Amendment based suit when police fabricate evidence to obtain an indictment.

Link to article


Book: 'Defining Drugs: How Government Became the Arbiter of Pharmaceutical Fact"

Bill Olson was honored to write the Foreword for the re-issuance of what may prove to be the most important book ever written questioning the authority of the federal government over the sale and use of pharmaceuticals.  Professor of Pharmacy Richard Henry Parrish II originally wrote his book, "Defining Drugs:  How Government Became the Arbiter of Pharmaceutical Fact" in 2003. Now issued in paperback with a new Introduction and new Foreword, Professor Parrish has charted the growing evidence of corruption in the FDA and FTC, and those agencies' lawless assertion of power over all aspects of all substances and devices in any way related to healthcare.  This book is even more important now than when first written.

Link to book on Transaction (publisher's site)

Link to book on Amazon


Legal Policy Paper: The Constitutional Case for an Interstate Border Compact

Today, we authored a paper entitled "The Constitutional Case for an Interstate Border Compact" for the United States Justice Foundation.  Even though President Obama is hostile to national immigration law, the states could step in and take the lead.  One way that they could assume this responsibility is entering into an "interstate border compact" as authorized by the U.S. Constitution.

Sadly, the U.S. Supreme Court has badly misunderstood the source of the national government's power to control immigration.  It is inherent in the sovereignty of a nation and also inherent in the sovereignty of each state --- not sourced in the U.S. Constitution.  That document only empowers Congress to establish a "uniform rule of naturalization"  -- which defines citizenship, not immigration.

Link to paper


Article: "'PC' Politics Drove ABA's Proposed Rules Change -- A push for new classes of "harassment" in professional ethics reflects hubris and elitism"

We were grateful that the National Law Journal published the fourth article in the U.S. Justice Foundation's series on the proposed ABA Ethics Changes.  This Op Ed was the lead in the National Law Journals email to subscribers sent out on August 8, 2016.

We reproduce here a couple of paragraphs from our article:

"The American Bar Association is on the verge of making ­sweeping changes in its Model Rules of Professional Conduct, rules in no way designed to regulate professional ethics, but rather to compel lawyers to embrace social justice to make them 'better people'....

"Lest anyone think the ABA was focused on improving legal ethics, consider the utopian goal that the ABA set for itself. At the top of the committee's final report appeared this quote from the president's February testimony: 'Lawyers have a unique position in society as professionals responsible for making our society better.… [W]e are the standard by which all should aspire.' Another ­witness testified: 'Lawyers are the foundation of American government, the ­justice system, and society in general.' Such hubris!

"Legal ethics should be predicated on preserving the integrity of the lawyers and the tribunals before which they practice. Defining 'misconduct' to include violating today's notion of 'political correctness' in no way relates to the ethics of the legal profession.

"Will the ABA succeed in politicizing legal ethics? By 'enhancing diversity,' professional ethics will be used to homogenize the legal profession around the lexicon of liberal identity politics in a quixotic effort to root out bias, as defined by an increasingly coercive secular, leftist, legal elite."

Link to article


Article: Exposing the Extreme Liberal Slant of a Quasi-Governmental Power: The ABA

CNSNews.com published the third article in the U.S. Justice Foundation's expose on the American Bar Association.  This article focused on the quasi-governmental role that the ABA plays --- in reviewing federal judges and in recommending changes to the Model Rules of Practice, a/k/a "ethics."

Link to article


Article: "The ABA Plan to Politically Purify the Legal Profession"

The second article in our series on the ABA proposed ethics rules for the U.S. Justice Foundation was published by the Federalist Society and posted on its Blog.

Link to article


Article: "The ABA's Plan to Impose Political Correctness on the Practice of Law"

The U.S. Justice Foundation engaged our firm to publish a series of articles exposing the "politically correct" ethics proposals being considered by the American Bar Association at its annual meeting in San Francisco.  The American Thinker published the first article in the series.

Link to article


Article: Whole Woman's Health: Justice Thomas Exposes the Court's Corrupt Abortion Jurisprudence
Article: Justice Thomas Exposes Supreme Court's Corrupt Abortion Jurisprudence
Article: Whole Woman's Health: Justice Thomas Exposes the Court's Corrupt Abortion Jurisprudence

Our article discussing the flawed logic of the Supreme Court's decision in Whole Woman's Health, and extolling the excellent dissent by Justice Clarence Thomas was published by The American Thinker, and run by CNS News and Restoring Liberty.

Link to American Thinker article

Link to CNS News article

Link to Restorting Liberty article


Article: Peruta v. County of San Diego: Ninth Circuit Ignores Second Amendment to Uphold Ban on Concealed Carry

The American Thinker ran our article on the Ninth Circuit's en banc June 9, 2016 decision in Peruta v. San Diego.

Link to article


Article: Obama's Transgender Bathroom Decree Appears to Violate Multiple Federal Laws
Article: Obama's Threat to Defund Schools Over Trans Bathroom Issue Violates Federal Law

Our article explaining the illegality of the Obama transgender bathroom directive was published by the Western Journalism Center, CNSNews.com and has been picked up by Yahoo News, and Lucianne.Com.

Link to Western Journalism article
Link to CNS News article


Article: “Drive a Car — Waive Your Constitutional Rights”

CNS News carried our article discussing our recent amicus brief in Birchfield v. North Dakota, supporting the right to refuse warrantless breath and blood tests at traffic stops.

Link to article


Article: "How 1 Question from Justice Clarence Thomas Stunned Supreme Court Observers"

The Western Journalism Center carried our article discussing Justice Clarence Thomas' use of our amicus brief in his questioning in the Voisine case.

Link to article


USJF Paper on Trump Immigration Proposal

Our firm was asked by the U.S. Justice Foundation to prepare a legal evaluation of the Donald Trump proposal to temporarily ban immigration from Muslim countries.  Our report, concluding that there is substantial legal authority and precedent for that proposal, was released today.

Link to USJF Paper on Trump Immigration Proposal


Article: "Federal Court to Decide Marine's Religious Freedom"

The Western Journalism Center published our article about our brief in the case of Sterling v. United States, filed in the U.S. Court of Appeals for the Armed Forces on December 28, 2015.

Link to article


Article: Court Drives Stake Into Heart of Obama Amnesty Plan

The Western Journalism Center published our summary of the decision of the U.S. Court of Appeals for the Fifth Circuit rejecting Obama's deferred action plan, in Texas v. United States.

Link to article


Supreme Court of Mississippi Justice Cites Our Article Attacking Obergefell Decision

Presiding Justice Jess H. Dickinson issued a Separate Written Statement Objecting to a Court order, in which he cites to and quotes from an article we wrote reacting to the U.S. Supreme Court's decision in Obergefell.

"And, according to an article co-authored by Herbert W. Titus, who taught constitutional law for more than a quarter of a century and concluded his academic career as the Founding Dean of Regent Law School:

'There is simply no other way to say it.

'The Supreme Court’s decision today redefining marriage to include couples of the same sex is wholly illegitimate and unlawful. A nullity. Worthy only to be disobeyed.  Anyone who says otherwise—that the rule of law requires recognition of same-sex marriage—is committing a fraud. And any State official—like Governor Robert Bentley of Alabama—who says that his oath of office requires unconditional obedience to the Supreme Court’s mandate to issue same-sex couples licenses to marry is mistaking his oath to the Constitution as if it were an oath of absolute obedience to five justices who happen to be sitting on the nation’s highest court.' "  [Footnote:  Herbert W. Titus & William J. Olson, Obergefell v. Hodges: Illegitimate, Unlawful, and a Fraud on the American People, Western Journalism, June 26, 2015 (last visited Nov. 3, 2015).]

Link to Court Order and Separate Written Statement


Biblical Principles of Law by Herbert W. Titus
Herb Titus wrote Biblical Principles of Law, a digital book available fromLawMart.com, which explores the biblical and historical roots of the common law relating to contracts, property, torts and crimes, and compares the biblical/historical view with modern legal trends.
American's Heritage: Constitutional Liberty by Herbert W. Titus
Herb Titus wrote American's Heritage: Constitutional Liberty, a digital book available from LawMart.com, which explores the biblical and historical roots of constitutional law in America, and compares the biblical/historical view with modern legal trends.


Bill Olson & Herb Titus Articles on Building the Resistance to Same Sex Marriage (Summer 2015)

Reconsidering the U.S. Supreme Court's Authority to Mandate Same-Sex Marriage (May 27, 2015)

The Fourteenth Amendment Does Not Mandate Same-Sex Marriage (June 6, 2015)

Same-Sex Marriage: Efforts to Have Justices Ginsburg and Kagan Recuse Take a Troubling Turn (June 19. 2015)

Obergefell v. Hodges: Illegitimate, Unlawful, and a Fraud on the American People (June 27, 2015)

An Open Letter: The Duty of the States to Seek Rehearing of Obergefell (July 17, 2015)

Obergefell: Draft Petition for Rehearing (July 17, 2015)

Refusal to Issue a Same-Sex Marriage License is a Civic Duty (September 4, 2015)


Article: "More Government than America Needs or Wants"

Homeopathy 4 Everyone ("World's No. 1 Homeopathy Medical Journal") published our article explaining the latest chapter in the FDA and FTC's war against homeopathic medicine. The article was written by Bill Olson and Jeremiah Morgan.

This article was reprinted in the following publications:

https://hpathy.com/homeopathy-papers/more-government-than-america-needs-or-wants/

http://joemiller.us/2015/10/more-government-than-america-needs-or-wants


Symposium -- King v. Burwell SCOTUScare

Today, we were asked to participate in an on-line symposium sponsored by Casetext on today's King v. Burwell decision.

Link to article


California Gun Rules Challenged In Court

Discusses our brief in Harris v. Silvester.  California forces its residents to wait 10 days after a purchase before a lawful buyer may acquire a lawful firearm.

Link to article


"Journalist Shield Laws: A Constitutional Conundrum" by Bill Olson, Herb Titus, and Robert Olson

Today, the American Thinker published our article entitled "Journalist Shield Laws: A Constitutional Conundrum." The article was prepared at the request of the United States Justice Foundation in connection with a Symposium it is co-sponsoring on the First Amendment which is taking place later today at the National Press Club in Washington, D.C. At the Symposium, more than a dozen journalists will assemble, each of whom at one point in his career has chosen to spend time in jail rather than divulge the identify of a source.

To address the problem of government efforts to force the disclosure of sources, members of Congress over the years have introduced several variations of a federal "shield law" designed to protect persons considered to be "journalists." However, there is a thorny Constitutional problem as to who qualifies as a "journalist." In the case Branzburg v. Hayes, the Supreme Court refused to recognize a "reporters' privilege," for several reasons, including its concern that it could not grant special First Amendment press protections to a limited class of persons that was denied to everyone else.

Indeed, every Supreme Court case that had addressed the scope of the First Amendment's protection of "the press" makes clear that it applies to everyone - not just members of the institutional media.

Our article stressed the flaw in a federal shield law which protects only the institutional media and then leaves it up to federal judges to decide on a case-by-case basis when free press principles will be applied and when they will be ignored.

Link to Article


Article Examining our Brief Opposing Deliberate IRS Misreading of Obamacare Statute

In this article, we reviewed our arguments in the Supreme Court in King v. Burwell.

Link to article


Article: Jackson v. San Francisco: Lawyers File Brief Standing Up for Gun Owners in San Francisco

Bill Olson's article for Western Journalism Center explained the status of the Jackson v. San Francisco case and the brief our firm filed in support of rehearing by the Ninth Circuit.

Link to article


American Thinker publishes article --- The Wurie Case: Restoring the Property Basis of the Fourth Amendment

This morning, the American Thinker published an article by Robert Olson, Herb Titus, and Bill Olson about the property rights basis of the Fourth Amendment and how it bears on the U.S. Supreme Court's consideration of warrantless searches of cell phones. We previously filed an amicus brief in the case addressing this issue -- United States v. Wurie.

Link to article


Our American Thinker Article Rebutting U.S. Department of Justice White Paper Supporting Presidential Authority to Kill American Citizens Off the Battlefield

This morning, the American Thinker published an article by Herb Titus and Bill Olson refuting the President's claims of authority to kill American citizens off the battlefield.

Our article is a legal rebuttal of the U.S. Department of Justice's White Paper purporting to defend President Obama's position.

Link to article


U.S. v. Jones: Reviving the Property Foundation of the Fourth Amendment

Case Western Reserve University School of Law Journal of Law, Technology & the Internet

Herb Titus and Bill Olson co-authored a law review article which explains the importance of the victory won in the Supreme Court case, U.S. v. Antoine Jones. This law review article is based on an amicus brief our firm filed in that case, urging the court to return to its traditional property basis of the search and seizure language of the Fourth Amendment, and the Court's decision in that case.

We urged the Court to reject modern case law involving a right of privacy, which has proven a flimsy barrier to government snooping. This article was published in Volume 3, No. 2 of the Case Western Reserve University School of Law's Journal of Law, Technology and the Internet.

Link to article


Herbert W. Titus, Abortion is NOT Legal!

Herb Titus co-authored this article in 2012 -- Abortion is NOT Legal!

Link to article


Bill Olson & Herb Titus Article Explains Fourth Amendment Significance of Clapper v. Amnesty International

Today both the U.S. Justice Foundation and the Western Center for Journalism published an article by Bill Olson & Herb Titus on the implications of Clapper v. Amnesty International which was argued this morning in the U.S. Supreme Court. On September 24, 2012, our firm filed an amicus brief in the case, which involves the FISA Amendments Act of 2008.

Our firm has been focused for some time on the critical need to return to the historic meaning of the Fourth Amendment as a means to re-establish the authority of the people over their government. This article explains how the Clapper case could build on the property principles argued in anotheramicus brief we filed, which were articulated on January 23, 2012 by the Supreme Court in its decision in U.S. v. Antoine Jones.

The article appeared under two different titles:

"Supreme Court To Decide If President Can Watch Americans’ Every Move"

"SCOTUS to Decide if POTUS Can Cow Americans, Crush Their Spirit, and Put Terror in Every Heart"


"Arizona v. United States: Reading the Tea Leaves of Oral Argument" by Herb Titus and Bill Olson

Herb Titus and Bill Olson wrote the article "Arizona v. United States: Reading the Tea Leaves of Oral Argument" published on AmericanThinker.com today. An excerpt from the article follows:

"Justices Scalia and Kennedy's questions seemed to track our brief's line of reasoning, asking whether Arizona had the power to exclude aliens who are not legally in the country. If so, then Arizona's policy of enforcement by attrition is perfectly permissible, General Verrilli's claims to the contrary notwithstanding. If Arizona has retained its inherent sovereign authority to defend its internal borders, except as specifically limited by the Constitution, then not one of the four contested provisions of the state's immigration law is preempted by federal law."

Link to article


Memorandum for Delegate Bob Marshall on H.B. 1160 — A bill to Prevent Virginia from Aiding the U.S. Military in the Detention of Virginians under the National Defense Authorization Act of 2012

Herb Titus wrote a memorandum for Delegate Bob Marshall on H.B. 1160 — A bill to Prevent Virginia from Aiding the U.S. Military in the Detention of Virginians under the National Defense Authorization Act of 2012. The memorandum discusses the interplay between Virginia H.B. 1160 and the federal law that it addresses, the National Defense Authorization Act of 2012.

Delegate Bob Marshall sent this legal analysis of H.B. 1160 to Governor Bob McDonnell, as discussed in this Washington Post blog article "Del. Marshall, again, urges McDonnell to sign detention bill" by Anita Kumar.

Link to memorandum


"United States v. Jones Is Rebuilding The Property Foundation Of The Fourth Amendment" by Bill Olson and Herb Titus

Bill Olson and Herb Titus wrote the article "United States v. Jones Is Rebuilding The Property Foundation Of The Fourth Amendment" published by the Western Center for Journalism today. The article discusses today's Supreme Court decision in the case of United States v. Antoine Jones, which re-examined the foundations of the Fourth Amendment, and did much to reverse several decades of erosion of the people's protection against unlawful searches and seizures. Our firm filed two Supreme Court amicus briefs in this case, an amicus brief on the petition for writ of certiorari and an amicus brief on the merits.

Link to article


"The Proposed Enemy Expatriation Act: Sending American Citizens into Exile" by Herb Titus and Bill Olson

Herb Titus and Bill Olson wrote the article "The Proposed Enemy Expatriation Act: Sending American Citizens into Exile" published on AmericanThinker.com today. An excerpt from the article follows:

"Introduced as S. 1698 in the Senate and as H.R. 3166 in the House of Representatives, the Enemy Expatriation Act is expressly designed to 'add engaging or supporting hostilities against the United States to the list of acts for which United States nationals would lose their nationality.' These bills are inconsistent with current law and Supreme Court precedent. They appear to be tailored to cow the American people, without regard for the 14th-Amendment guarantee prohibiting Congress from divesting an American citizen of his citizenship."

Link to article


Herb Titus Law Review Article, "The Don't Ask, Don't Tell Repeal: Breaching the Constitutional Ramparts" (December 27, 2011)

In a hard hitting essay first published in the Fall 2011 issue of the William & Mary Journal of Women in the Law, Herb Titus critically tracks the process by which the 111th Congress repealed "Don’t Ask Don’t Tell." Titus maintains that from start to finish, the Democratic leadership chose to bring about repeal, utilizing an unconstitutional strategy that breached House rules, divested Congress of its legislative powers, and upended the legislative process by entrusting unelected bureaucrats with the power to prescribe the rules of governing sexual behavior in the nation’s land and naval forces. Titus concludes that, by disregarding the constitutional principles of separation of powers, checks and balances, and federalism, an irresponsible legislature has set a precedent that will threaten powers reserved to the States over their own militia, and increase the unconstitutional law-making powers already usurped by the courts.

The article's first publisher, The William & Mary Journal of Women and the Law, was established in 1993 "to provide a forum for scholarly debate on gender-related legal issues."

Link to article


"The Budget Control Act Of 2011 Violates Constitutional Order" by Herb Titus and Bill Olson

Herb Titus and Bill Olson wrote the article "The Budget Control Act Of 2011 Violates Constitutional Order" published on AmericanThinker.com today.

Link to article


"Feigning Powerlessness to Retain Power" by Bill Olson

Bill Olson wrote the article "Feigning Powerlessness to Retain Power" published on AmericanThinker.com today discussing House Republicans and the "Cut, Cap, and Balance" proposal.

Link to article


Federal Trade Commission v. Daniel Chapter One A Story of Government Suppression of Alternative Medicine

Bill Olson and Herb Titus wrote "Federal Trade Commission v. Daniel Chapter One, A Story of Government Suppression of Alternative Medicine" which covers our firms representation of Daniel Chapter One, a historical perspective of the attack on alternative medicine, the federal assault on dietary supplements and alternative medicine, the story of Daniel Chapter One, and the litigation proceedings of the FTC’s abusive campaign against Daniel Chapter One.

Link to story

 


Articles on Iowa Supreme Court's Opinion Purporting to Redefine Marriage to Include Same-Sex Couples

Herb Titus recently wrote two "op ed" articles arguing that the Iowa Governor has a constitutional duty not to enforce the Iowa Supreme Court's opinion that the state constitution requires that the state's law defining marriage must be redefined to include same-sex couples.

April 24, 2009 in the Des Moines Register

May 3, 2009 in the Sioux City Journal


BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney's Guide

On behalf of Gun Owners Foundation, our firm authored “BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney's Guide” on July 4, 2007. The guide is intended to provide a procedural overview for attorneys unfamiliar with civil forfeiture law as it applies to firearms, including what to expect from the BATF, and how to go about recovering seized assets.
This manual has been revised as of January 30, 2009.

Link to guide


Evaluating Negotiated Services Agreements for Market Dominant Products Under PAEA

Bill Olson co-authored “Evaluating Negotiated Services Agreements for Market Dominant Products Under PAEA,” a paper presented by co-author John Haldi, Ph.D. at the 27th Annual Eastern Conference, Advanced Workshop in Regulation and Competition, Skytop, Pennsylvania (May 15, 2008).

Link to article


The Constitutional Case Against Congressional ‘Earmarks’

The unconstitutional practice of congressional earmarks as a violation of the separation of powers and the prohibition against titles of nobility was the topic of an article by Herb Titus, published in the April 2008 issue of the Perspective, a monthly public policy journal of the Oklahoma Council of Public Affairs, headquartered in Oklahoma City.

Link to article


USA Today Op-Ed Defending Second Amendment

Today, the day after oral argument in the Heller case in which we filed an amicus brief, Herb Titus and Bill Olson were asked to write an op-ed piece for USA Today.

The USA Today editors wrote an editorial entitled "Our View:  Preserve limits on guns" and our counterpoint is entitled "Opposing view:  An unambiguous right."

Link to article


Herbert W. Titus -- A Reply to Professor Michael J. Deboer

Herb Titus addresses how the Bible informs the law administered by civil government in Liberty University Law Review, Vol. 2, Issue 2, Article 7.

Link to article


Herb Titus on The Bible and American Law

Herb Titus addresses this topic in Liberty University Law Review Volume 2, Issue 2, Article 3.

Link to article


Herb Titus article "Oklahoma at 100: Thanks be to God" – Tulsa Today

Tulsa Today reprinted an edited version of Herb Titus' article originally published in the August 2007 issue of Perspective, a publication of the Oklahoma Council of Public Affairs.

Link to article


BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney's Guide

On behalf of Gun Owners Foundation, our firm authored “BATF Firearm Civil Forfeiture Procedures and Policies: An Attorney's Guide.” The guide is intended to provide a procedural overview for attorneys unfamiliar with civil forfeiture law as it applies to firearms, including what to expect from the BATF, and how to go about recovering seized assets.
This manual has been revised as of January 30, 2009.

Link to guide

 


Economic Imperatives that Drive Further De-averaging of Postal Rates

A  paper by John Haldi, Ph.D. and William J. Olson entitled "Economic Imperatives that Drive Further De-averaging of Postal Rates" was presented today by Dr. Haldi at the 15th Conference on Postal Delivery and Economics in Semmering, Austria.

Link to site


Firm’s FOIA Litigation Against Social Security Administration Leads to Release of U.S. - Mexico Totalization Agreement

In response to our firm’s still-pending FOIA lawsuit on behalf of TREA Senior Citizens League (TSCL) in the U.S. District Court for the District of Columbia, the Social Security Administration (“SSA”) finally released the “U.S.-Mexico Social Security Totalization Agreement," hand-delivering it to the firm in late December 2006.

This is the first known release of the Mexican Totalization Agreement to the public.  Previously even members of Congress have been denied access to this Agreement.  The Agreement now can be downloaded from this link:http://www.lawandfreedom/site/publications/us_mex_tot_agreement.pdf

This document release followed a 3-1/2 year effort in which we filed a series of FOIA requests for TSCL seeking documents relating to the Agreement (even prior to its finalization with Mexico) with both the State Department and the SSA.  The Mexican Totalization Agreement was formally signed in June 2004, but has not yet been submitted by President Bush to Congress.

The agreement, if allowed to go into effect, reportedly could result in illegal Mexican workers being paid billions of dollars in Social Security benefits, bankrupting an already strained Social Security Trust Fund.

Commenting on the lawsuit, Congressman Walter Jones (R-NC) stated:  "I applaud the persistent efforts of TREA Senior Citizens League to try to get documents from the U.S. Government about the U.S.‑Mexico Social Security Totalization Agreement.  The American people are finally beginning to get some of the information regarding this Agreement that they have been seeking for so long."


"The Constitution and the High Court: The Case for Constitutional Fidelity"

A paper by Herb Titus, "The Constitution and the High Court:  The Case for Constitutional Fidelity," was published in the Fall 2006 edition of The Christian Lawyer.  (The paper begins on page 5 of the PDF.)

Link to paper


Paper Demonstrates Threat to Second Amendment Rights Posed by Recent Supreme Court Reliance on International Law

In July, 2006, our firm prepared a paper entitled “Assessing the Threat to Second Amendment Rights Posed by the U.S. Supreme Court's Use of Foreign Law In Constitutional Interpretation”  which was published by Gun Owners Foundation.

The paper critically analyzes two recent Supreme Court cases (Roper v.Simmons, and Lawrence v. Texas) in which the Court has relied on international law to sustain constitutional challenges.  In Roper, the Court overturned a Missouri law permitting capital punishment for 16 and 17 year olds, and in Lawrence, the Court overturned a Texas law prohibiting certain homosexual acts primarily because of foreign authorities.  Additionally, the paper reviews the pros and cons of relying on such foreign sources in other areas.  Recently, the United Nations has been pursuing a goal of eliminating all private ownership of firearms world-wide.

If the Court continues to base its constitutional decisions on foreign law, the American people may find their Second Amendment right to keep and bear arms seriously undermined because of trends in countries which have had historic hostility to private firearms ownership and because of the U.N.’s penchant to restrict firearms possession and use to government officials.

Link to paper


Birthright Citizenship Study Re-Released: "Children Born in the United States to Aliens Should Not, by Constitutional Right, Be U.S. Citizens"

A legal analysis of Birthright Citizenship, written by Bill Olson, Herb Titus and Alan Woll, was re-released by U.S. Border Control today. The paper, "Children Born in the United States to Aliens Should Not, by Constitutional Right, Be U.S. Citizens" was originally published in January 2001,and then updated in March 2003. The House of Representatives is expected to be considering legislation on this topic in the near future.

Link to paper


Enhancing Competition By Unbundling the Postal Administration

Bill Olson co-authored a paper with postal economist Dr. John Haldi (of Haldi Associates, Inc.) entitled "Enhancing Competition By Unbundling the Postal Administration" which was published in Crew & Kleindorfer, Progress Toward Liberalization of the Postal and Delivery Sector, Springer Science+ Business Media, Inc., 2006, and presented at the Thirteenth Conference on Postal & Delivery Economics, Antwerp, Belgium, June 1 – 4, 2005. http://crri.rutgers.edu/post/index.html The paper presents a possible solution to a recurrent problem associated with reforming postal administrations.

"Attempts to bring the rigors of competition to postal authorities via de-regulation have stumbled repeatedly over the following dilemma: (i) the Universal Service Obligation ("USO") has powerful political support; (ii)the postal monopoly is asserted to be necessary to assure funding of the USO; and (iii)a fully de-regulated government monopoly is unacceptable. The unbundling model presented in this paper offers a solution to this dilemma. Although scope of the existing monopoly over delivery would not be reduced by this proposal, unbundling the upstream portion of the network would reduce substantially the amount of resources protected by the monopoly, while preserving the USO."

Link to paper


Paper on Unbundling the Postal Service

Bill Olson has co-authored a paper with postal economist Dr. John Haldi (of Haldi Associates, Inc.) entitled "Enhancing Competition By Unbundling the Postal Administration" which will be presented at the Thirteenth Conference on Postal & Delivery Economics, Antwerp, Belgium, June 1 – 4, 2005. The paper presents a possible solution to a recurrent problem associated with reforming postal administrations.

"Attempts to bring the rigors of competition to postal authorities via de-regulation have stumbled repeatedly over the following dilemma: (i) the Universal Service Obligation ("USO") has powerful political support; (ii)the postal monopoly is asserted to be necessary to assure funding of the USO; and (iii)a fully de-regulated government monopoly is unacceptable. The unbundling model presented in this paper offers a solution to this dilemma. Although scope of the existing monopoly over delivery would not be reduced by this proposal, unbundling the upstream portion of the network would reduce substantially the amount of resources protected by the monopoly, while preserving the USO."

Link to paper


Postal Service Worksharing

Proceedings from the Eleventh Conference on Postal Delivery and Economics in Toledo, Spain were published in booklet form containing a paper written by John Haldi and Bill Olson called "An Evaluation of USPS Worksharing: Postal Revenues and Costs from Workshared Activities."

Link to booklet


An Evaluation of Postal Service Worksharing: Postal Revenues and Costs from Workshared Activities

Postal economist Dr. John Haldi and Bill Olson have co-authored a groundbreaking evaluation of Postal Service Worksharing. Their paper contains the first comprehensive study of revenues and costs of the Postal Service generated from upstream activities. It was published in Crew & Kleindorfer, Competitive Transformation of the Postal and Delivery Sector, Kluwer Academic Publishers, 2004, and presented in Toledo, Spain in June 4-7, 2003, at the Eleventh "Conference on Postal and Delivery Economics" of the Center for Research in Regulated Industries at Rutgers University.http://crri.rutgers.edu/post/index.html#PAST
An executive summary of the paper is available here.
Their paper comparing revenues and costs draws from draws from two prior papers which they also co-authored which explain the methodology used in greater depth.
Postal Revenues Earned from Workshared Activities
Postal Costs of Workshared Activities

Link to paper


The Assault on Diversity: An Organized Challenge to Racial and Gender Justice

Bill Olson's service as Chairman of the Legal Services Corporation was mentioned in a book by Lee Cokorinos of the Institute for Democracy Studies, entitled The Assault on Diversity, Rowan & Littlefield Publishers, Inc., 2003.

Link to purchase book


An Evaluation of Postal Service Worksharing: Postal Revenues and Costs from Workshared Activities

Postal economist Dr. John Haldi and Bill Olson have co-authored a groundbreaking evaluation of Postal Service Worksharing. Their paper contains the first comprehensive study of revenues and costs of the Postal Service generated from upstream activities. It will be presented in Toledo, Spain in June 4-7, 2003, at the Eleventh "Conference on Postal and Delivery Economics" of the Center for Research in Regulated Industries at Rutgers University.
http://crri.rutgers.edu/post/index.html#PAST

An executive summary of the paper is available here.

Their paper comparing revenues and costs draws from draws from two prior papers which they also co-authored which explain the methodology used in greater depth.
Postal Revenues Earned from Workshared Activities
Postal Costs of Workshared Activities

Link to paper


Bill Olson Article on New York Charitable Solicitation Law

Bill Olson co-authored an article entitled “Making a Bad Law Worse: New York’s Amended Charitable Solicitation Law” with attorney Mark J. Fitzgibbons for The Philanthropy Monthly, Volume 35, Nos. 1 & 2, December 2002.


Making a Bad Law Worse

Bill Olson and Mark Fitzgibbons wrote an article entitled "Making a Bad Law Worse New York's Amended Charitable Solicitation Law" published in Philanthropy Monthly, Volume 35, Nos. 1&2.


English Requirements for New Citizens

One Nation Indivisible recently published a paper, co-authored by Bill Olson, which reviews the history of the requirement that new citizens speak English as part of the naturalization process.

Link to paper


Campaign Finance Reform Legislation is Unconstitutional

A paper by Herb Titus regarding the unconstitutionality of campaign finance reform legislation was inserted into the Congressional Record by Congressman Ron Paul, who described Herb Titus as "one of America's leading constitutional scholars."

Link to paper


Bill Olson and Herb Titus Article on the Need for Anonymity in Politics

Bill Olson and Herb Titus co-authored an article entitled “Protecting Anonymity in Advocacy” for The Philanthropy Monthly, Volume 34, Nos. 3 & 4, January 2002.


Engage: The Journal of the Federalist Society’s Practice Groups (2001 Edition)

Bill Olson co-authored “Clintonian Usurpation by Executive Order” published in Engage: The Journal of the Federalist Society’s Practice Groups― 2001 Edition.


America: Republic or Democracy?

Did our founding fathers intend to create a republic or a democracy? A misunderstanding of the original plan leads to all sorts of other errors, yet presidents, congressmen, and federal judges still view America as a democracy, almost never employing the term republic. Is the principal purpose of government to do the will of the people or to prevent the majority from doing injustice and violence to individuals who may disagree with the majority. The Liberty Committee has published a paper by Herb Titus on this topic of enduring importance.

Link to paper


Engage: The Journal of the Federalist Society's Practice Groups

Bill Olson co-authored "Clintonian Usurpation by Executive Order" published in Engage: The Journal of the Federalist Society's Practice Groups ― 2001 Edition.

Link to article


The Art of Presidential Usurpation (November 2000)

Bill Olson co-authored an article on executive orders, “The Art of Presidential Usurpation,” that was published in the November 2000 issue of USA Today magazine.


The Art of Presidential Usurpation

Bill Olson co-authored an article on executive orders, "The Art of Presidential Usurpation," that was published in the November 2000 issue of USA Today magazine.

Link to article


CATO Study: The Power of a President to Rule by Executive Order

“The problem of presidents’ using executive orders to legislate, usurping the powers of Congress or the states, has grown exponentially with the expansion of government in the 20th century,” William Olson, co-author of a new Cato Institute study on the abuse of executive orders, told the Subcommittee on Legislative and Budget Process of the House Rules Committee today. “This raises fundamental concerns about the separation and division of powers. The Constitution does not provide for the power of a president to rule by executive order.”

Olson co-authored the study, “Executive Orders and National Emergencies: How Presidents Have Come to ‘Run the Country’ by Usurping Legislative Power,” with Alan Woll.

Link to study


Testimony on Executive Orders before the House Rules Committee's Subcommittee on Legislative and Budget Process

Bill Olson was asked to testify before the House Rules Committee's Subcommittee on Legislative and Budget Process. The topic of the hearing was "The Impact of Executive Orders on the Legislative Process: Executive Lawmaking?" Bill Olson also submitted answers to questions before the House Rules Committee's Subcommittee on Legislative and Budget Process.

Link to publication


Memorandum for the President:
Presidential Powers To Use the U.S. Armed Forces To Control Potential Civilian Disturbances

This memorandum is fictional but accurately depicts the broad powers enjoyed by presidents to utilize U.S. military forces to address domestic disturbances.

Link to memorandum


Virginia Regulation of Nonprofits

Bill Olson was a faculty member for a Continuing Legal Education Course entitled "Virginia Regulation of Nonprofits."


IRS Considerations For Nonprofit Organizations

This outline on "IRS Considerations For Nonprofit Organizations" is from the continuing legal education course taught by Bill Olson in November 1998.

Link to outline


Payment of Virginia Taxes and Available Exceptions

This outline on "Payment of Virginia Taxes and Available Exceptions" is from the continuing legal education course taught by Bill Olson in November 1998.

Link to outline


Herb Titus' Law Review Article on God and the Common Law

Herb Titus wrote an article for the Regent University Law Review entitled "God's Revelation: Foundation for the Common Law."

Link to article


The Right to Medical Care Within a Biblical Worldview:
The Declaration of Independence and United States Constitution

Herb Titus gave a presentation in Pittsburgh at a conference on Health Care in Crisis:  A Biblical Response.  This is a transcription of his remarks, published in the "Journal of Biblical Ethics in Medicine."


Legal Service for the Poor: Time for Reform

Bill Olson wrote an essay on improving "Program Monitoring" of the Legal Services Corporation published in the book Legal Service for the Poor: Time for Reform, Douglas J. Besharov, edt., AEI Press, 1990.

 


Mandate for Leadership II: Continuing the Conservative Revolution

Bill Olson served a task force studying Export Controls, and contributed to the chapter written by Wayne A. Abernathy entitled Strategic Trade. This chapter was in a book edited and written by Stuart M. Butler, Michael Sanera, and W. Bruce Weinrod entitled Mandate for Leadership II: Continuing the Conservative Revolution, published by The Heritage Foundation, 1984.


Bill Olson Article on Nonprofit Mail Rates

Bill Olson co-authored an article entitled “Critical Issues Ahead for Non-Profit Mailers” with economist Dr. John Haldi for Fund Raising Management, February 1981.


Bill Olson Article on Postal Law

Bill Olson co-authored an article entitled "The Postal Puzzle” with economist Dr.  John Haldi for The Philanthropy Monthly, Volume 13, No. 5, May 1980


 

Cato Institute Policy Analysis
by William J. Olson and Alan Woll
October 28, 1999

Executive Orders and National Emergencies: How Presidents Have Come to “Run the Country” by Usurping Legislative Power

Full Text of Policy Analysis No. 358 (PDF, 29 pgs, 162 Kb)

 

Testimony on Executive Orders before the House Rules Committee’s Subcommittee on Legislative and Budget Process (October 27, 1999)

Bill Olson was asked to testify before the House Rules Committee’s Subcommittee on Legislative and Budget Process. The topic of the hearing was “The Impact of Executive Orders on the Legislative Process: Executive Lawmaking?” Bill Olson also submitted answers to questions before the House Rules Committee’s Subcommittee on Legislative and Budget Process.

 

Memorandum for the President:
Presidential Powers To Use the U.S. Armed Forces To Control Potential Civilian Disturbances (May 1, 1999)

 

Abe Lincoln Foundation Issues Bulletin:
A Legal Report: Executive Orders and National Emergencies Presidential Power Grab Nearly Unchecked

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