Andrew P. Napolitano

“First they came for the socialists, and I did not speak out – Because I was not a socialist.| Then they came for the trade unionists, and I did not speak out – Because I was not a trade unionist. Then they came for the Jews, and I did not speak out – Because I … Continue reading “Perilous Times for Personal Liberty”

The taxing power in the federal government resides in the Congress. The Constitution states that Congress has the power to “lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts” of the federal government. Indeed, in order to emphasize the location of this power in the Congress, the Constitution also requires that all … Continue reading “Tariffs and the Constitution”

When British kings wanted to dispose of troublesome enemies – real or imagined – they often had them or their colleagues arrested on pretextual charges and then brutally tortured until confessions were extracted. The confessions were then read aloud during so-called trials; and, of course, the defendant was convicted of whatever crime was the subject … Continue reading “Killing the Constitution at Guantánamo”

In 2021, to his credit, President Joe Biden warned the American public against the dangers of zero-click spyware manufactured by an Israeli corporation. Zero-click is unwanted software that can expose the entire contents of one’s mobile or desktop device to prying eyes without tricking one into clicking on to a link. Biden banned its importation … Continue reading “A Republic of Spies”

“Congress shall make no law …abridging the freedom of speech or of the press…” ~ First Amendment to the U.S. Constitution During the oral argument before the Supreme Court in the famous Pentagon Papers case, a fascinating colloquy took place between Justice William O. Douglas and the lawyer for the government. The case was about … Continue reading “TikTok and the Freedom of Speech”

When she was a member of the House of Representatives, Tulsi Gabbard was a fierce defender of personal privacy rights protected by the Fourth Amendment. She consistently opposed permitting federal agents to spy on Americans without search warrants, and she consistently voted against the reauthorization of Section 702 of the Foreign Intelligence Surveillance Act of … Continue reading “Tulsi Gabbard: A Switch in Time?”

During the course of an FBI written response to a Freedom of Information Act request asking about the trade names and suppliers of surveillance software the FBI had purchased, the government has yet again quietly acknowledged its antipathy to constitutional provisions that all of its employees have sworn to uphold. Since we are dealing with … Continue reading “Will Donald Trump Stop Domestic Spying?”

The war in Ukraine is an American war for which the United States government should be ashamed and blamed. It was initiated by President Joe Biden and then-British Prime Minister Boris Johnson, both of whom advised Ukraine President Volodymyr Zelensky that if he rejected a peace treaty that his own government had freely negotiated and … Continue reading “Biden’s Lust for War”

Here’s a pop quiz: When can an Army colonel overrule the Secretary of Defense? It happened last week for probably the first time in modern history. The short answer is: Even in the military, the Secretary of Defense cannot change the rules and procedures for criminal prosecutions and tell military judges how to try cases. … Continue reading “Gitmo Continues To Haunt”

Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional and legal requirements that must first be met before war is waged? These questions should be addressed in a national debate over the U.S. military involvement in Ukraine and Israel. Sadly, there has been no debate. The … Continue reading “War and the Constitution”