Andrew P. Napolitano

In the last days of East Germany, when government officials detected that their power was unraveling, they ratcheted up enforcement of the nation’s reporting laws. The reporting laws made it a felony to know of a crime and fail to report it. It was also a crime to tell the person of whose crime you … Continue reading “Killing the Constitution”

Americans need to be aware of the unbridled propensity of federal intelligence agencies to spy on all of us without search warrants as required by the Fourth Amendment to the U.S. Constitution. These agencies believe that the Fourth Amendment – which protects the individual right to privacy – only regulates law enforcement and does not … Continue reading “The CIA Wants More Power To Spy on Americans”

“Congress shall make no law … abridging the freedom of speech.” ~ First Amendment to the U.S. Constitution When James Madison set about to draft the Bill of Rights – the first 10 amendments to the U.S. Constitution – he was articulating what lawyers and philosophers and judges call “negative rights.” A positive right grants a privilege, like a driver’s … Continue reading “Can Congress Ban TikTok?”

As the pre-trial hearings in the case of Khalid Shaikh Mohammed and others who are charged with masterminding the 9/11 attacks proceed at the Guantanamo Bay Naval Base in Cuba, the government continues to stumble with its own witnesses. In hearings last week, government lawyers tried to demonstrate that statements the defendants made to CIA … Continue reading “The Torturers’ Poor Memories”

Just as a fictional emperor paid his tailors a fortune for clothes that no one could see, and then marched naked in a grand public procession while his subjects roared with laughter, so, too, is President Joe Biden attempting to march clothed with the Constitution he dishonors. He will have the same fate as the … Continue reading “The Emperor’s New Clothes: Biden’s Illegal War in Yemen”

When the Trump administration obtained an indictment of Edward Snowden for violation of the Espionage Act of 1917, many of us who believe that the Fourth Amendment means what it says were deeply critical of the government, and we remain so today. Snowden is the former CIA and National Security Agency operative – he was … Continue reading “A Great Man in Moscow”

The Biden administration is killing people, openly in Ukraine and Gaza and secretly around the world. It has continued to use the killing machinery crafted by President George W. Bush, expanded by President Barack Obama and employed by President Donald Trump. These presidents have used drones and other unmanned projectiles to target persons in foreign … Continue reading “Unconstitutional Killings”

When President George W. Bush formulated the concept of an American Devil’s Island in Cuba, he did so heedless of the damage to the Constitution his experiment in torture and confinement without end would bring about. Bush made the case that torture and confinement at the U.S. Naval Base at Guantanamo Bay would allow the … Continue reading “Guantanamo: A Constitutional Debacle”

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? Can the United States legally attack an ally? These questions should be critical to a public debate over the U.S. military involvement in Ukraine and … Continue reading “Biden, War, and the Constitution”

The savage attacks Hamas inflicted upon the Israeli military and civilian population last week are utterly without justification, but not without explanation. The Arab/Israeli bloodlust has been going on since the end of World War I, most pointedly since 1947 when Zionist militias used violence to force 750,000 Palestinians from their villages and ancient homeland. … Continue reading “The Gathering Storm of Rage”