President Bush’s declaration of a national state of emergency invokes stand-by powers contained in Executive Order, No. 12656 issued by President Ronald W. Reagan. Attached is a synopsis of the Executive Order as well as the Executive Order itself.
Executive Orders and Proclamations Declaring National Emergencies
President Wilson was the first President to declare a national emergency, on February 5, 1917. Franklin Delano Roosevelt, Harry S Truman, Richard M. Nixon, James E. Carter, Ronald W. Reagan, George H.W. Bush, William J. Clinton, and George Walker Bush have all issued national emergency declarations.
Contrasting Views on Preserving Civil Liberties in the Aftermath of an Attack
We assembled some quotations from founding fathers and current political figures which present a sharp contrast as to whether Americans need be concerned about the preservation of our civil liberties.
Michael New v. United States — Petition for Certiorari
On Monday, September 10, 2001, nearly six years after he refused to put on the United Nations uniform and to submit to the command and control of a foreign military officer, Michael New has taken his fight for justice to the United States Supreme Court.
At the heart of his appeal is New’s right to his day in court. In a petition for writ of certiorari, New is asking the High Court to overrule
J. Barrett Hyman, M.D. v. The City of Louisville, et al.
The City of Louisville and Jefferson County, Kentucky, enacted ordinances to prohibit discrimination based on “sexual orientation” and “gender identity.” J. Barrett Hyman, M.D. held Biblical and constitutional objections to complying with these ordinances in his practice of obstetrics and gynecology, and his suit to have them declared unlawful was dismissed by the trial court.
“Unveiling Donor Lists Unpopular”
Bill Olson was quoted today by the Arkansas Democrat-Gazette describing how a letter circulated by the Free Speech Coalition stalled momentum for a bill requiring the disclosure of contributors to nonprofit organizations.
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
New Postmaster General
Bill Olson was quoted today on trafficworld.com discussing the Postal Service’s new Postmaster General.
Comments Filed for Free Speech Coalition Regarding IRS Regulation of Excess Benefit Transactions
Our firm filed comments on behalf of the Free Speech Coalition, Inc. with the Internal Revenue Service regarding IRS temporary regulations relating to excise taxes on excess benefit transactions under section 4958 of the Internal Revenue Code. These comments were discussed on the front page of the April 30, 2001 issue of EOTR (Exempt Organization Tax Review) Weekly
Herb Titus Testifies before South Carolina Legislature on Right to Life
Leaders of the pro-life movement in America commonly believe that the only constitutionally sound strategy for restoring the right to life is to take action at the national level. Thus, they have urged the election of pro-life presidents and members of Congress to secure the appointment of pro-life Supreme Court justices, and if necessary, a pro-life amendment to the United States Constitution.
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.
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.
Browner, et al. v. American Trucking Associations, et al.
Our firm filed an amicus curiae brief in this case, which comes on a petition for a writ of certiorari to the U.S. Court of Appeals for the District of Columbia, where a bare majority ruled that Section 109 of the clean air act violated Article I, Section 1, of the United States Constitution which vests legislative power in Congress. The case generated a number of opinions, the majority
State of North Dakota v. Family Life Services, Inc., et al. (Opinion)
Today, the Supreme Court of North Dakota unanimously reversed a Cass County District Court order that would have dismantled and reconstituted the board of directors of Family Life Services, a Christian pro-life ministry in the Fargo-Morehead community. North Dakota’s high court ruled that the lower court’s order turning Family Life Services over to persons whose religious views met with
Bill Olson Appears on the O’Reilly Factor
Today, Bill Olson was a guest of Bill O’Reilly (The O’Reilly Factor, Fox News) to discuss President Clinton’s abuse of Executive Orders. He discussed the Separation of Powers issue, current states of national emergency, the Permanent Striker Replacement Executive Order (No. 12954), and the Grand Staircase-Escalante Monument Proclamation (No. 6920 issued under the Antiquities Act
Executive Order Study Quoted
The Cato Institute study on executive orders, co-authored by Bill Olson, was quoted in the PERC report “End of the Road?” by Shannon Fitzsimmons.
State of North Dakota v. Family Life Services, Inc., et al. (Reply Brief)
The Attorney General of North Dakota filed a responsive brief to our initial brief in this case. Our firm filed this reply brief to the Attorney Gerneral’s brief.
The statement of the issues in this case from the various parties are also available here.
ATA v. Giani
Our firm filed the brief of Free Speech Defense and Education Fund as amici curiae in support of petitioner in American Target Advertising, Inc. v. Francine A. Giani, Division Director, Utah Division of Consumer Protection in the United States Supreme Court. The brief argues that Utah’s Charitable Solicitations Act is unconstitutional. The Free Speech Defense and Education Fund
Free Speech Coalition
Human Events wrote an article about our work for The Free Speech Coalition.
Boy Scout Brief (on the Merits)
Our firm filed a second brief in the United States Supreme Court in the Boy Scout case — this time after certiorari was granted — on the merits of the Boy Scouts’ arguments for reversal.