Andrew P. Napolitano
Articles by Andrew P. Napolitano
What if government is the negation of liberty?
What if liberty and democracy are opposites? What if the principle underlying liberty is to restrain the government to maximize individual autonomy? Published July 19, 2023
Governments hate and fear the exercise of natural rights
The world is filled with self-evident truths -- truisms -- that philosophers, lawyers and judges know need not be proved. Published July 12, 2023
Independence Day 2023: Our out-of-control democracy
Does it really matter if the instrument curtailing liberty is a monarch or a popularly elected legislature? Published July 5, 2023
Congress has not declared war on Russia, but it has authorized use of U.S. forces against it
Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional, legal and moral requirements that must first be met before war is waged? Published June 28, 2023
No warrant? No problem
In 1928, Supreme Court Justice Louis Brandeis characterized the values underlying the Fourth Amendment to the Constitution as embracing the uniquely American right, which he called the right to be let alone. Published June 21, 2023
The case against Donald Trump
It gives me no joy to write about prosecuting former President Donald Trump. Published June 14, 2023
State secrets undermine due process: First, Fifth and Sixth amendments violated
In a public courtroom in the United States in which a high-level criminal case is being tried, the prosecutors are permitted to press a buzzer on their table in the midst of an argument to the court by defense counsel. Published June 7, 2023
Government attacks free will when it assaults property rights
Last week, the Supreme Court, in a surprising display of unanimity, upheld the traditional values underlying property rights when it prevented the Environmental Protection Agency from regulating mud puddles. Published May 31, 2023
FISA Court’s warrants are lawful but profoundly unconstitutional
In response to President Richard Nixon's unlawful use of the FBI and the CIA to spy on his domestic political opponents in the early 1970s, Congress enacted the Foreign Intelligence Surveillance Act. It limits all domestic surveillance not for law enforcement purposes to the procedures set forth in the act. Published May 24, 2023
The feds and their Big Tech copycats spy on unsuspecting Americans
The federal government recently revealed that at least 50 U.S. government personnel working in 10 foreign countries have had their mobile devices hacked by unknown parties that employed software known as "zero-click." Published May 17, 2023
The Constitution, Congress and government debt
What would you do if you were driving a vehicle and came upon a traffic light that had both red and green lights on? Published May 10, 2023
Constitution might as well be abandoned if amendments are not upheld
Last week, FBI officials boasted that in 2022, their agents had spied on only 120,000 Americans without search warrants. Under the Constitution, that number should be zero. Published May 3, 2023
Bush created a moral monstrosity in Afghanistan, and Biden is replicating it in Ukraine
The empire-building debacle of the nearly 20-year U.S. occupation of Afghanistan is a lesson unlearned by the government. Published April 26, 2023
Criminal or hero?: Secrecy vs. Jack Teixeira’s truth
The arrest last week of 21-year-old Air National Guardsman Jack Teixeira on charges of espionage has sparked a debate in the intelligence community about whether his behavior is criminal or heroic. Published April 19, 2023
The Pentagon Papers, again
Does the government work for us, or do we work for the government? Published April 12, 2023
Taking Easter seriously: Freedom is essential means to unite with truth
When American colonists were oppressed by British governance, the word most frequently uttered in pamphlets, editorials and sermons was not "safety" or "taxes"; it was "freedom." Published April 5, 2023
Trump’s antics could get him locked up at Manhattan arraignment
After processing what he heard on cable television, former President Donald Trump publicly announced two weeks ago that he would be arrested by the New York Police Department. Published March 29, 2023
Federal bank bailout: What happens when firefighters are the arsonists?
In the past week, two top 20 American banks have failed. A bank failure occurs when government regulators determine that the current and likely demand for a return of deposits cannot be met. Published March 22, 2023
Defending Jan. 6 defendants: What happens when government breaks its own laws?
Five members of the Proud Boys are on trial for sedition in federal court in Washington. Sedition is a conspiracy to overthrow the federal government by the use of force. Published March 15, 2023
Spying in plain sight: Section 702 of FISA shouldn’t be reauthorized
Last week, the Biden administration asked Congress to permit its agents to continue to spy on Americans without a search warrant. Published March 8, 2023
