Andrew P. Napolitano

“I prefer the tumult of liberty to the quiet of servitude.” ~ Thomas Jefferson (1743-1826) It wasn’t until 1969 that the Supreme Court’s modern First Amendment jurisprudence made it clear that whenever there is a clash between the government and a person over the constitutionality of the person’s speech, the courts will give every benefit and draw every … Continue reading “Julian Assange Is Free!”

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 front and center in a debate over the U.S. involvement in Ukraine. Sadly, … Continue reading “Does the Constitution Apply to Biden’s War in Ukraine?”

Can an idea be dangerous? Can a dangerous idea be expressed? Can the government punish ideas it deems to be dangerous? These are not questions one regularly asks in America because of our rich tradition of protecting the freedom of speech from infringement by the government. Yet, we appear to be on the cusp of … Continue reading “Free Speech For Me But Not For Thee”

When James Madison was a member of Congress in 1791 and charged with drafting the Bill of Rights, he made two grammatical demands. One was that the word “the” precede “freedom of speech” in the First Amendment, and the other was a command in the Ninth Amendment that the “rights retained by the people,” rights … Continue reading “What Ever Happened to the Freedom of Speech?”

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”