Large Text Medium Text Small Text

Policy Center

Print this article

The Buckeye Institute's 1851 Center for Constitutional Law

About the 1851 Center

Maurice A. Thompson is the Director of the Buckeye Institute's 1851 Center for Constitutional Law, a Center dedicated to protecting the constitutional rights of Ohioans from government abuse. Prior to coming to the Buckeye Institute, Mr. Thompson was an attorney for the Sam Adams Foundation in Chicago. In addition, he has practiced privately in Ohio and Illinois, and clerked for the Ohio judiciary.

Mr. Thompson has litigated constitutional issues related to property rights, voting rights, regulation, taxation, corporate welfare, search and seizures and smoking bans. He is also the author of Presuming Liberty, using Ohio’s Constitution to Limit Government, and Defending Liberty in Ohio, a Roadmap for Protecting Freedom and Limiting Government With the State Constitution.

Mr. Thompson is a regular guest on state and national radio programs, and frequently lectures on natural rights law, constitutionalism, individual rights, education policy, healthcare policy, and property rights.

Mr. Thompson is a native Ohioan. He undertook undergraduate studies in economics and philosophy at Miami University in Oxford, Ohio, and studied law at Case Western Reserve University in Cleveland, Ohio.

Education:

The 1851 Center's first publication, Presuming Liberty: Using Ohio's Constitution to Limit Government, draws on several unique provisions of the Ohio Constitution and precedents by the Ohio Supreme Court to make the case that, when in doubt, Ohio's Constitutional Controversies must be resolved in favor of individual rights.

Our Clients, Cases and Causes

Stowers v. Ohio Department of Agriculture

The 1851 Center for Constitutional Law has brought legal action against the Ohio Department of Agriculture (ODA) and the Lorain County Health Department for violating the constitutional rights of John and Jacqueline Stowers of LaGrange, Ohio. The Stowers operate an organic food cooperative called Manna Storehouse. On December 1, 2008, ODA and Lorain County Health Department agents forcefully raided the Stowers' home and unlawfully seized the family's personal food supply, cell phones and personal computers. The 1851 Center seeks to halt future similar raids. The complaint was filed in Lorain County Court of Common Pleas.

More information about this case is available here.

COAST vs. Cincinnati

On May 21st, 2009, the 1851 Center filed a detailed complaint against the City of Cincinnati for harassing petitioners who opposed the creation of an expensive taxpayer-subsidized trolley system. Both the motion for a temporary restraining order and the verified complaint are available online.

Miller v. Acorn

In October 2008, the 1851 Center filed a state RICO action against the Association of Community Organizations for Reform Now (ACORN) on behalf of Jennifer Miller and Kimberly Grant of Warren County. The filing alleges ACORN engaged in a pattern of corrupt activity that amounts to organized crime. Plaintiffs Jennifer Miller of Mason, Ohio and Kimberly Grant of Loveland, allege that ACORN's actions deprive them of the right to participate in an honest and effective elections process. The suit seeks ACORN's dissolution as a legal entity, the revocation of any licenses in Ohio, and an injunction against fraudulent voter registration and other illegal activities. The complaint was filed in Warren County Court of Common Pleas.

More information about this case is available here.

Buckeye Institute Challenges Magistrate Recommendations in Voting Rights Case Against ACORN

Ohio Grocers' Association vs. Ohio Tax Commissioner

On May 26 the Buckeye Institute's 1851 Center for Constitutional Law filed an amicus brief before the Ohio Supreme Court on behalf of the Ohio Grocer's Association. The Brief argues that because the Ohio Constitution prohibits a sales tax on food, because Ohio's Commercial Activities Tax taxes grocers based upon the amount of food they sell, and because Ohio grocers, like any business, pass the tax on to Ohio consumers, the CAT, as applied to food, is an unconstitutional sales tax on food.

York Masons

The 1851 Center is co-counsel on a case pending before the Ohio Supreme Court where the City of Cincinnati demolished a private home that was the meeting place for the York Masons, an African-American charitable organization. The suit alleges the city of Cincinnati did not inform the York Masons it would be destroying the home, even though it was in contact with the York Masons on other matters. The case seeks a declaration that this practice was unconstitutional and compensation for the destroyed property. Further, the suit seeks an order declaring the York Masons are not responsible for over $40,000 in demolition costs the city is seeking to collect.

Toledo Charter Schools

The 1851 Center issued a lengthy legal notice to Toledo City Council, as well as the City of Toledo Planning Commission and Legal Department advising that Council's proposed onerous "minimum facility requirements" on small, specialized charter schools violates the Ohio Constitution. The 1851 Center will file suit against the city of Toledo if Council implements these unnecessary and burdensome regulations.

The Drees Company v. Hamilton Township, Ohio

On January 23, 2009, the 1851 Center filed an amicus brief with the Warren County Court of Common Pleas, arguing that Ohio townships, which do not have the power to levy taxes, cannot levy back-door taxes on new homeowners and developers merely by labeling those taxes as "impact fees."

Ohio Department of Health v. Zeno's Victorian Village

On September 16, 2009, the 1851 Center filed legal action challenging the constitutionality and enforcement of the Ohio smoking ban. Filed on behalf of Columbus tavern Zeno's Victorian Village, the action also seeks an injunction to prevent the Ohio Attorney General from seizing the tavern and its assets to collect on smoking ban citations.

Legislative Testimony

Unsettled by the 1851 Center's explanation that HB 3's mortgage modification features are unconstitutional, at the next hearing, the Ohio General Assembly called in its own expert: left of center Capital University Law Professor James Ferriell. To the chagrin of the HB 3's sponsors, Mr. Ferriell backed up the 1851 Center's conclusions: allowing judges to rewrited mortgage contracts violates the Ohio Constitution. Read his testimony.

Ohio House Bill 3 (Home Foreclosures) - Interested Party Testimony (3/11/09)

Sample Legislation and Petition Language

Estate Tax Initiative Petition Sample

1851 Center in the News

Ohio Department of Health v. Zeno's Victorian Village

WBNS 10TV: Bar Challenges State Smoking Ban

Home Foreclosure Prevention Act

Gongwer News Service: House Foreclosure Bill Draws Conflicting Views Over Letting Judges Modify Mortgage Terms

News Release: 1851 Center Advises House Committee Modifying Mortgage Contracts Unconstitutional

Miller v. ACORN

Human Events: Ohio Secretary of State Linked to ACORN, Project Vote

American Spectator: ACORN's Tangled Money Tree

Middletown Journal: ACORN sued on behalf of 2 Warren County voters

WCPO TV-9: Lawsuit Filed Against ACORN In Warren County

WCMH TV-4: ACORN Defends Efforts Amid Voter-Fraud Allegations

WKYC Cleveland: Ohio think tank sues ACORN over voter registration

Canada Free Press: ACORN Faces "RICO" Lawsuit in Ohio

Cincinnati Enquirer: Voter fraud battle heats up

Cleveland Plain Dealer: Vote-fraud-seeding ACORN deserves a good cracking

ACORN Watch: RICO suit filed in Ohio

WKRC TV-12: Group Files Suit Against Acorn

Human Events: Rico Lawsuit Seeks Acorn Dissolution

Associated Press: Buckeye Institute sues ACORN under racketeering law

Stowers v. Ohio Department of Agriculture

Boose speaks for LaGrange family

Cleveland Plain Dealer: Manna Storehouse asks court to rule sheriff's search illegal

Elyria Chronicle-Telegraph: Couple sue over raid on organic food co-op

Lorain Morning Journal: Duo suing over armed raid: Experience 'traumatic' for Manna Storehouse owners

Gongwer News Service: Lawsuit Alleges 'Police-State Tactics' in Armed Raid at Organic Food Cooperative

World Net Daily: Armed officers raid home, hold mom, kids for 6 hours

Cleveland Plain Dealer: Manna Storehouse wants county to return $10,000 in seized food

COAST vs. Cincinnati

Cincinnati Enquirer: Petition Foes Say Streetcar Drive Going Well

1851 Center on the Radio

Home Foreclosure Prevention Act

The Brian Wilson Show - 1370 WSPD-AM, Toledo (3/19/2009)

The Bob Conners Morning Show - 610 WTVN-AM, Columbus (3/13/2009)

Toledo Charter Schools

The Brian Wilson Show - 1370 WSPD-AM, Toledo (1/13/2009)

Stowers v. Ohio Department of Agriculture

The Alex Jones Show (1/14/2009)

The Mike McConnell Show - 700 WLW-AM, Cincinnati (12/18/2008)

The Bob Frantz Show - 1100 WTAM-AM, Cleveland (12/19/2008)

The Brian Wilson Show - 1370 WSPD-AM, Toledo (12/17/2008)

Miller v. ACORN

The Bob Conners Morning Show - 610 WTVN-AM, Columbus (10/15/2008)

The Rush Limbaugh Show (10/14/2008)

Other Radio Interviews

The Bob Conners Morning Show (on taxes)- 610 WTVN-AM, Columbus (5/13/2009)

Case Suggestions

If you have a case suggestion or if you believe your constitutional rights have been violated by the government please contact mthompson@buckeyeinstitute.org.

Help Defend Freedom in Ohio

Our clients receive free legal representation thanks to the generosity of our donors. If you would like to make a donation to the Buckeye Institute's 1851 Center for Constitutional Law, please visit our online contribution site or contact CLaire Kittle at (614) 224-4422 or ckittle@buckeyeinstitute.org.

Could not get daily article counts: You have an error in your SQL syntax; check the manual that corresponds to your MySQL server version for the right syntax to use near '' at line 1