America: Republic or Democracy?

Michael Harless Publications

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.

Comments Filed for Free Speech Coalition Regarding IRS Regulation of Excess Benefit Transactions

Michael Harless Nonprofit Law

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

Michael Harless Appearances

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. There is, however, an alternative strategy available at the state level, without overruling Roe v. Wade and its progeny. Read More

Executive Orders: Additional Information

Michael Harless Executive Orders

Includes the following information: names of presidential directives, executive orders by president, national emergency declarations, currently effective presidentially-declared states of national emergency, and constitutional provisions for emergency powers.

The Art of Presidential Usurpation

Michael Harless Publications

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.

Michael Harless Constitutional Law, U. S. Supreme Court

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 insisting that there were still meaningful constitutional limits on Congressional delegation of powers, and the dissent contending that the doctrine was no longer taken seriously as a limit on Congressional power. Read More

State of North Dakota v. Family Life Services, Inc., et al. (Opinion)

Michael Harless Constitutional Law, North Dakota Supreme Court

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 the approval of the trial judge violated Family Life Services’ First Amendment rights of freedom of religion.

Bill Olson Appears on the O’Reilly Factor

Michael Harless Appearances, Executive Orders, Press Coverage

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 of 1906).

ATA v. Giani

Michael Harless Nonprofit Law, U. S. Supreme Court

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 was joined by 47 co-amici.

Chenoweth, et al. v. Clinton, et al.

Michael Harless Constitutional Law, U. S. Supreme Court

Today we filed an amicus curiae brief in the U.S. Supreme Court on behalf of eight members of Congress (Hon. John T. Doolittle, Hon. George Radanovich, Hon. Tom Tancredo, Hon. Bob Stump, Hon. Barbara Cubin, Hon. Tom A. Coburn, Hon. Wally Herger, and Hon. John E. Perterson) and four nonprofit organizations (Lincoln Institute for Research and Education, Gun Owners Foundation, Citizens United Foundation, and Concerned Women for America). Read More

Executive Order Study Press Coverage

Michael Harless Executive Orders

The Cato Institute study co-authored by Bill Olson, “Executive Orders and National Emergencies: How Presidents Have Come to ‘Run the Country’ by Usurping Legislative Power,” was quoted in this Enter Stage Right article “Congress Must Seize Back the Law-making Power.”