Don't miss Judge Napolitano LIVE at the RPI 2024 DC Conference! “Every move you makeAnd every vow you breakEvery smile you fakeEvery claim you stakeI’ll be watching you.” -- “Every Breath You Take,” song by The Police The Fourth Amendment to the U.S. Constitution...
Andrew P. Napolitano
The FBI ‘Visits’ Scott Ritter
by Andrew P. Napolitano | Aug 15, 2024 | Featured Articles
Among the lesser-known holes in the Constitution cut by the Patriot Act of 2001 was the destruction of the “wall” between federal law enforcement and federal spies. The wall was erected in the Foreign Intelligence Surveillance Act of 1978, which statutorily limited...
Khalid Sheikh Mohammed and the Problem of Torture
by Andrew P. Napolitano | Aug 8, 2024 | Featured Articles
In the months following the attacks of 9/11, the government laid the blame for orchestrating them on Osama bin Ladin. Then, after it murdered bin Ladin, the government decided that the true mastermind was Khalid Sheikh Mohammed. By the time of bin Ladin’s death,...
When Presidents Kill
by Andrew P. Napolitano | Aug 1, 2024 | Featured Articles
Sometime before he withdrew from the presidential race, President Joe Biden secretly reaffirmed his own self-willed and self-created authority to kill persons in other countries, so long as the CIA and its military counterparts have “near certainty” that the target of...
Freedom’s Extinction
by Andrew P. Napolitano | Jul 25, 2024 | Featured Articles
“Freedom is always just one generation away from extinction.”-- Ronald Reagan (1911-2004) In December 1776, just six months after the Declaration of Independence had been signed and a year and a half into the Revolutionary War, Thomas Paine sensed a desperation...
Taking Rights Seriously
by Andrew P. Napolitano | Jul 18, 2024 | Featured Articles
“If all mankind minus one were of one opinion,and only one person were of the contrary opinion,Mankind would be no more justifiedIn silencing that one person,Than he, if he had the power,Would be justified in silencing mankind.”-- John Stuart Mill (1806-1873) The...
Holes In the Constitution
by Andrew P. Napolitano | Jul 11, 2024 | Featured Articles
In his famous dissent in Olmstead v. United States, Supreme Court Justice Louis Brandeis in 1928 called the right to be left alone the most comprehensive of rights and the right most valued by civilized men. He was referring to the right to be left alone from the...
Twilight’s Last Gleaming
by Andrew P. Napolitano | Jul 4, 2024 | Featured Articles
When a presidential debate devolves into an argument over golf scores and afterward the public argues about the candidates’ mental acuity or personal honesty, when the question for voters is who is the sharper debater rather than who would be more faithful to the...
Julian Assange Is Free!
by Andrew P. Napolitano | Jun 27, 2024 | Featured Articles
“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...
What If It’s Dangerous to Be Right When the Government Is Wrong?
by Andrew P. Napolitano | Jun 20, 2024 | Featured Articles
What if the government is a myth? What if it doesn’t produce what we pay it for? What if it fails to safeguard our lives, liberties and property from its own agents? What if nothing changes after these failures and after elections? What if we’re stuck with it? What if...
War and the Constitution
by Andrew P. Napolitano | Jun 13, 2024 | Featured Articles
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...
War and Indifference
by Andrew P. Napolitano | Jun 6, 2024 | Featured Articles
Which is more destructive to personal liberty, a government that engages in secret wars or a public and news media that are indifferent to it? In the current American toxic stew of anti-Russian hatred and beating of war drums -- in President Joe Biden’s America -- we...
American Caesar and Constitutional Indifference
by Andrew P. Napolitano | May 31, 2024 | Featured Articles
A recent column in The Economist magazine asking if America is dictator-proof got me to thinking if our constitutional guarantees are secure. Stated differently: Can the custodians of our constitutional norms be trusted to restrain a deliberate attempt to ignore,...
The Tyranny of the Majority
by Andrew P. Napolitano | May 23, 2024 | Featured Articles
“Which is better -- to be ruled by one tyrant three thousand miles away or by three thousand tyrants one mile away?”-- Rev. Mather Byles (1706-1788) Does it really matter if the instrument curtailing liberty is a monarch or a popularly elected legislature? This...
Free Speech For Me But Not For Thee
by Andrew P. Napolitano | May 16, 2024 | Featured Articles
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...
Is Your Car Spying on You?
by Andrew P. Napolitano | May 9, 2024 | Featured Articles
I predict future happiness for Americans,if they can prevent the government fromwasting the labors of the people underthe pretense of taking care of them.-- Thomas Jefferson (1743-1826) Last week, Sens. Ron Wyden of Oregon and Edward Markey of Massachusetts revealed...
What Ever Happened to the Freedom of Speech?
by Andrew P. Napolitano | May 2, 2024 | Featured Articles
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...
Killing the Constitution
by Andrew P. Napolitano | Apr 25, 2024 | Featured Articles
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...
The Right to Assembly
by Andrew P. Napolitano | Apr 18, 2024 | Featured Articles
Last week, the Supreme Court effectively abolished the right to assembly in three Southern states. By refusing to hear an appeal of a speaker accused of being liable for what a protester did in an audience the speaker addressed, the court exposed all protest...
The CIA Wants More Power to Spy on Americans!
by Andrew P. Napolitano | Apr 11, 2024 | Featured Articles
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...
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