Wednesday, November 28, 2012

Abortion Is NOT Legal!

by Herbert W. Titus, JD, and Christine Ross 

The mainstream media tell us that the Supreme Court legalized abortion with its Roe v. Wade decision in 1973. The media also tell us that there is nothing we can do about it because Roe v. Wade is the “law of the land.”
Nothing could be further from the truth. Abortion is not legal in America! Recognition of this fact is the first step for the pro-life movement in its campaign to turn back the murderous scourge on innocent babies. Indeed, heart disease (738,781 deaths per year) is not the number one cause of death in the United States - abortion is, at well over a million deaths per year.
Article VI of our nation’s founding document declares that “[t]his Constitution, and the laws of the United States.. .made in pursuance thereof; and all treaties…made…under the authority of the United States shall be the supreme law of the land.”
What is clearly missing from this Constitutional list of supreme laws is a court opinion. This was not an oversight. Our Constitution’s writers knew that a court opinion could never be law; much less the supreme law of the land. This is especially true if that court opinion contradicted the Constitution itself.
As can be plainly seen from the Constitutional text, a statute enacted by Congress is the supreme law of the land only if made “pursuant to” (in conformity with) the Constitution. If a statute passed by the people’s representatives is not law unless it conforms to the Constitution, then how can a court opinion decided by unelected judges be given a higher status?
When Chief Justice John Marshall established judicial review-the right of the court to review a statute to see if it conformed to the Constitution-he said that the written Constitution was just as binding on the courts as it was on Congress. Marshall, then, did not establish the supremacy of judges over the Constitution-but the supremacy of the Constitution over Congress, the President and the courts.
Our Founding Fathers resoundingly rejected the idea of judicial supremacy. They did not empower judges to usurp a power, rightfully belonging to the people and thereby become a law unto themselves. That is why they put the Constitution in writing-so that the original founding laws and principles would not be mistaken or forgotten. In this way they believed that the Constitution would become the fixed law of the land.
Just a little more than 100 years ago, the American people knew that Supreme Court opinions did not become the law for the whole country, but bound only the parties to the case. That is why Abraham Lincoln rejected the Supreme Court’s decision in the infamous Dred Scott case. Lincoln knew that even though the Court declared-in the name of the Constitution that black people had no rights that white people were bound to respect, that ruling was not the law of the land.
What has happened to America since the days of Lincoln?
Things began to change when Oliver Wendell Holmes, Jr., ascended to the Supreme Court. He introduced the idea that law changed with changing times, and that it was the business of judges to make the necessary changes.
Holmes’s evolutionary philosophy of law soon transformed the Constitution from a document of fixed rules and principles to one reflecting the latest court pronouncements. In this way, the judges became the nation’s supreme lawmakers, displacing the Congress and legislatures on matters ranging from abortion to pornography.
But judges have no right to make law. Their job is to discover the law, state it and apply it. Their role is like that of an engineer who designs a bridge according to the
discovered laws of the natural world, not according to “laws” that he has made up.
If an engineer should design a bridge contrary to natural law, there is no question that the government officials who employed that engineer would reject his design. So it should be with a court opinion. If it is contrary to the Constitution, then the president, the Congress and the fifty states’ governors and legislators should reject that opinion.
This is what their oath of office demands. The president takes an oath to “preserve, protect and defend the Constitution,” not Supreme Court opinions. Further, Article II, Section 3 states that the president is duty-bound to “take care that the laws be faithfully executed.” Any court opinion that is contrary to the Constitution is, by definition, not law. Therefore, the president must not enforce it.
That was what President Lincoln did with the Dred Scott decision. He refused to enforce it as the law of the land.
That is what presidents today should do about Roe v. Wade. Pursuant to his Constitutional oath, the president should issue a proclamation declaring Roe v. Wade to be illegal, and declaring that the human fetus is a person entitled to the full protection of the right to life by the states.
At the state and local level, the people should insist that the laws that are still on the books be enforced against abortionists. In Virginia, for example, abortion is still a Class 4 felony. While other Virginia statutes have incorporated the Supreme Court’s ruling in Roe v. Wade, those statutes are unconstitutional. They violate Article 1, Section 1 of the Virginia Bill of Rights which denies to the state legislature or any other civil authority any power to deprive the state’s “posterity” (the yet-to-be-born) of their “inherent” rights to “life, liberty, and property.”
In Virginia, then, pro-lifers do not have to change the state law to protect innocent life. They don’t have to look to the president or Congress for action. They don’t have to elect a pro-life governor or state attorney general. They can act now, petitioning their local Commonwealth’s Attorney to prosecute abortionists under the state law and defend the right to life of the preborn under the state Constitution. And if the Commonwealth’s Attorney chooses not to prosecute, then the people can vote him out of office and elect another who will do his prosecutorial duty consistent with his Constitutional oath.

(Data CD with 8 mp3 audio files  
& Hard Cover Book -  God, Man & Law)  

by Herbert W. Titus

Product Overview
It is commonly stated -especially among Christians - that the Bible is the bedrock of the American legal system.   Very few, however, understand how and to what extent the Bible has influenced the formation of American law. 

This Book and the 8 x mp3 audio files on a CD is designed to challenge the reader/listener to develop a Biblical understanding of law, with particular focus on law in the United States of America.

Hard Cover Book

Available for your library, this hard cover book will be invaluable as a reference tool. 

The United States Constitution

                                         CLICK HERE - to visit the Herb

Now more than ever, it is important to understand the fundamental principles upon which this great Nation was built.  

The framers of the constitution, put together a document that had it’s foundation on Godly principles as outlined in the Holy Bible. 

Dr. Herb Titus, as Constitutional and Common Law Scholar, Educator and Bible Teacher, has studied the the Declaration of Independence and the US Constitution for several decades. 

                            CLICK HERE - for more Information or to Buy 

In this six part series, Dr. Titus expounds on the meaning and intent of the document and shows how even today, their principles, if applied, will make America great again. 

Tuesday, November 27, 2012

Common Law, Dominion & Family - 9 Lectures by Dr. Herb Titus.

 Common Law - 3 Lectures

Prior to his association with this firm, Mr. Titus taught constitutional law, common law, and other subjects for nearly thirty years at five different American Bar Association-approved law schools. In 1993, he capped his academic career, having served since 1986 as the founding Dean of the College of Law and Government in Regent University, Virginia Beach, Virginia.

Prior to his academic career, he served as a Trial Attorney and a Special Assistant United States Attorney with the United States Department of Justice in Washington, D.C. and Kansas City, Missouri. Today he is engaged in a general practice with a concentration in constitutional strategy, litigation, and appeals.

Dominion - 3 Lectures 
Dr. Titus holds the J.D. degree (cum laude) from Harvard and the
B.S. degree in Political Science from the

About the Author :    Herb Titus is of counsel to the law firm of William J. Olson, P.C. Mr. Titus has taught constitutional law, common law, and other subjects for nearly 30 years at five different American Bar Association approved law schools. From 1986 to 1993, he served as the founding Dean of the College of Law and Government in Regent University, Virginia Beach, Virginia.

Prior to his academic career, he served as a Trial Attorney and a Special Assistant United States Attorney with the United States

Mr. Titus holds the J.D. degree (cum laude) from Harvard and the B.S. degree in Political Science from the University of Oregon from which he graduated Phi Beta Kappa.

 Family - 3  Lectures

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