Jon Rowe has written a retraction of his charge that Herb Titus, former head of the Regent University law school, is a Christian reconstructionist. Titus took the time to write him directly and dispute that those are his views. The post caught my eye because I had conversations with Perry Willis, a frequent commenter here, and Jim Babka, the talk show host whose show I was on recently, about Titus. Both are friends with Titus, and his name came up in conversation with each of them, quite unconnected with each other and months apart. I told Perry months ago that I was under the same impression that Titus was a reconstructionist, but he told me that was not true, that Titus is more libertarian-leaning than I thought. Jon’s post garnered a response from Babka, and I commented as well.
While I take all of them at their word that Titus is not a reconstructionist, I still think he has some views that are decidedly non-libertarian and quite dangerous. For instance, he argues that the 14th amendment does not incorporate any of the bill of rights as binding on the states. Can you even imagine the authoritarian laws that would follow if that doctrine were accepted? He is also the author of the Constitution Restoration Act, which I consider to be a very dangerous piece of legislation that would break down the separation of powers purely for the cause of political demagoguery.
As a side note, I am always skeptical when I see someone describe themselves as a “constitutionalist”. The Constitution Party, headed by Howard Phillips, is anything but libertarian. They may talk like libertarians in their zeal against “big government”, but when it comes to individuals rights, they are enthusiastic supporters of “morals legislation” that intrudes on the private choices of consenting adults. They are strongly for anti-pornography laws and harshly anti-gay rights, including seeking to take away the court’s jurisdiction to overturn state sodomy laws. And in case after case, they are far more interested in the “rights” of states (which do not have rights, only authorities) than in the rights of individuals. Theirs is a distortion of the principles of freedom, despite their empty rhetoric.