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Judge Napolitano
Judge Andrew P. Napolitano
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What If the Government Rejects the Constitution?


What if the government never took the Constitution seriously? What if the same generation — in some cases the same human beings — that wrote in the First Amendment, "Congress shall make no law ... abridging the freedom of speech," also enacted the Alien and Sedition Acts, which made it a crime to criticize the government? What if the feds don't regard the Constitution as the Supreme Law of the Land?

What if the government regards the Constitution as merely a guideline to be referred to from time to time, or a myth to be foisted upon the voters, but not as a historic delegation of power that lawfully limits the federal government? What if Congress knows that most of what it regulates puts it outside the confines of the Constitution, but it does whatever it can get away with? What if the feds don't think that the Constitution was written to keep them off the people's backs?

What if there's no substantial difference between the two major political parties? What if the same political mentality that gave us the Patriot Act, with its federal agent-written search warrants that permit unconstitutional spying on us, also gave us Obamacare, with its mandate to buy health insurance, even if we don't want or need it? What if both political parties love power more than freedom? What if both parties have used the Commerce Clause in the Constitution to stretch the power of the federal government far beyond its constitutionally ordained boundaries and well beyond the plain meaning of words?

What if both parties love war because the public is more docile during war and permits higher taxes and more federal theft of freedom from individuals and power from the states? What if none of these recent wars has made us freer or safer, but just poorer?

What if Congress bribed the states with cash in return for their enacting legislation that Congress likes, but cannot lawfully enact? What if Congress went to all states in the union and offered them cash to repave their interstate highways, if the states only lowered their speed limits? What if the states took that deal? What if the Supreme Court approved this bribery and then Congress did it again and again? What if this bribery were a way for Congress to get around the few constitutional limitations that Congress acknowledges?

What if Congress believes that it can spend tax dollars on anything it pleases and tie any strings it wants to that spending? What if Congress uses its taxing and spending power to regulate anything it wants to control, whether authorized by the Constitution or not? What if anyone other than members of Congress offered state legislatures cash in return for favorable legislation? What if Congress wrote laws that let it break laws that ordinary people would be prosecuted for breaking?

What if the Declaration of Independence says that the government derives its powers from the consent of the governed? What if the government claims to derive powers from some other source that it will not — because it cannot — name? What if we never gave the government the power to spy on us, to print worthless cash, to kill in our names, to force us to buy health insurance or to waste our money by telling us that exercise is good and sugar is bad?

What if we never gave the government the power to bribe the poor with welfare or the middle class with tax breaks or the rich with bailouts or the states with cash? What if we don't consent to what has become of the government? What if the Constitution has been tacitly amended by the consent of both political parties, whereby instead of ratifying amendments, all three branches of government merely look the other way when the government violates the Constitution? What if the president cannot constitutionally bomb whatever country he wants? What if the Congress cannot constitutionally exempt its members from the laws that govern the rest of us? What if the courts cannot constitutionally invent a right to kill babies in the womb?

What if the federal government is out of control, no matter which party controls it? What if there is only harmony on Capitol Hill when government is growing and personal liberty is shrinking? What if the presidential race this fall will not be between good and evil, between right and left, between free markets and central planning or even between constitutional government and Big Government; but only about how much bigger Big Government should get?

What if enough is enough? What do we do about it? What if it's too late?

Andrew P.

Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written six books on the U.S. Constitution. The most recent is "It Is Dangerous To Be Right When the Government Is Wrong: The Case for Personal Freedom." To find out more about Judge Napolitano and to read features by other Creators Syndicate writers and cartoonists, visit




21 Comments | Post Comment
What if not even people know that the foregoing is not in their best interest overall and willingly, "freely," happily vote for and support all this? What if the vote is controlled as well?

If the latter is the case, the Constitution is meaningless and freedom is only freedom to do as those in power direct ... and it is a sad day.
Comment: #1
Posted by: pax4pax
Thu Apr 12, 2012 5:37 AM
There will be no American or white people left.. Obama would make sure no white women would be left to have white babys For some reason Obama hates white ppl and wants us all gone... Obama is so full of hate and revenge its driving him insane.
Comment: #2
Posted by: bsfurg
Thu Apr 12, 2012 5:42 AM
Dear Judge Napolitano,

Is it not timely... appropriate and wise that you step into politics... to help raise up the political beast into one that serves the people.... Ron Paul and yourself would make a formidable team....even in wings...MANY would listen to your ideas...which are ripe for the awakening population... Just Sayin'...;-)

Shine On

~ Philip
Comment: #3
Posted by: Philip
Thu Apr 12, 2012 5:44 AM
what if america was smart enough to elect Ron Paul
Comment: #4
Posted by: forrest
Thu Apr 12, 2012 5:55 AM
The election is where we do something!!! If that fails I would think the same views of the founding fathers may spread through this country like wildfire!!! Remember what the Japanese Admiral Yamamoto said about attacking the U.S.A.!!! Attacks on our country from within or without...What's the difference to patriots?
Comment: #5
Posted by: Dan
Thu Apr 12, 2012 6:17 AM
If you look at Connecticut you can see where some of this has already happened and been buried. I am still trying to get attention to the Un-Constitutinal Compacts in CT and the reprecussions it has created here in CT.
(protestcasino on facebook)
Comment: #6
Posted by: Caryn Talyosef
Thu Apr 12, 2012 6:26 AM
many people forget that and as we speak...there is NOTHING But air stopping the us federal government from doing that NOW..we sadly take what rights & liberties we have for much for being "enlightened and educated huh ?
Comment: #7
Posted by: caniacsteve
Thu Apr 12, 2012 6:34 AM
What if the judicial branch did their job ? after all they are not elected, but are appointed.
Comment: #8
Posted by: colie pitts
Thu Apr 12, 2012 7:54 AM
Then it's time to light the torches.
Comment: #9
Posted by: dustjunky
Thu Apr 12, 2012 8:37 AM
Sadly this is all true and has been for 2 decades at least. And well this is why I sit back and wait patiently on armageddon. The day when I will truelly and finally be free of governement ans societies ever over reaching laws into my private affairs. Thinking in this day and age of ever getting the voting population to awaken is well a waste of time with the level of indoctrination on both sides going on in the schools and the fact that you cant just simplly get the news from a reporter theses days without thier Ideological bent being woven into every sentence in their report. THis country is ultimatly doomed to the ashes of history gone way of the greeks of history and romans. All because slowly and incrementially we have traded one king 3000 miles away for 3000 kings a mile away. Heres to the 12/21/2012 myth and hoping it isnt a long wait as this nation is unsavable.
Comment: #10
Posted by: steve
Thu Apr 12, 2012 9:43 AM
Hatred for any race is bad!
OBAMA is not BLACK or WHITE! He is bi-racial. He had a WHITE MOTHER and BLACK FATHER. He was raised by his WHITE GRANDPARENTS. He did not have a bad life and now he shows his true colors! He shows, in many ways, his hatred for WOMEN and WHITES and yes, ALSO BLACK people. I cannot say African American, because my feeling is that if you were born in this country, then you are neither race, but American. My heritage is Danish and Irish. My mother was born in Kobenhaven, Danmark. We, in this country, say Copenhagen, Denmark. My father's ancestors came from Ireland. Therefore, I am part Danish & part Irish through heritage, but I am AMERICAN and will be an AMERICAN til the day I pass on to another world. Our president has an uncle who is black and he has not once sent a helping hand to this man who resides in Mass. What type of person is this man, who is our President, who could care less about "HIS OWN FAMILY"????
Comment: #11
Posted by: Barbara
Thu Apr 12, 2012 10:04 AM
Texas will probably secede from the Union... Texas is bound to the constitution, not to the president neither to congress... so, if the federal government rejects the constitution... say bye, bye to Texas...
Comment: #12
Posted by: Apollo
Thu Apr 12, 2012 10:13 AM
Texas will probably secede from the Union... Texas is bound to the constitution, not to the president neither to congress... so, if the federal government rejects the constitution... say bye, bye to Texas...
Comment: #13
Posted by: Apollo
Thu Apr 12, 2012 10:13 AM
What if it's not too late to reverse the momentum?
What if we can expose the manipulation of media AND government not with incredulous anger but calmly with facts?
What if we learn to put facts in simple statement to inspire thought?
What if everyone who believes in resurrecting personal freedoms can convince one other person to join in that thought?
What if those who have "learned" instant rejection of anything with even a small tangential connection to Fox News stopped?
What if this article went viral and opened the eyes of millions?
What if everyone reading this who agrees determines it's too late and does nothing?
Comment: #14
Posted by: PRevere
Thu Apr 12, 2012 10:27 AM
I think I know what the Founding Fathers would say if the answers to all of the Judge's "hypothetical" questions reflects the sorry and pessimistic state of affairs in this country. It would involve and active and hearty use of the Second Amendment. Ooh - I better not utter or spell that out more explicitly. That might get me on a "special list" with the powers that be in this nation. Never mind that that their own EXPLICIT instructions called for such action in the face of domestic despotism.
Comment: #15
Posted by: Jay
Thu Apr 12, 2012 10:38 AM
They need to be sentenced to life in prison or hung for TREASON to the United States as they would have been in the founding days if they committed treason.
Comment: #16
Posted by: Andrew
Thu Apr 12, 2012 12:37 PM
Re: bsfurg

your retarded..he doesn't hate any color he hates all non-elites. your just being racist when the facts show they are hurting ALL poor people not just white or black stop making it about race you fucking morons.
Comment: #17
Posted by: Andrew
Thu Apr 12, 2012 12:39 PM
Re: Apollo

according to the patriot act if ANY STATE tries to SECEDE they can cut off your airway, and road block your state in so you can't go it up its all in the patriot act.

our nation is passing laws to make this a military state filled with prison labor forces doing the manufacturing for cheap while we get paid cheap to do service labor jobs.
Comment: #18
Posted by: Andrew
Thu Apr 12, 2012 12:49 PM
What if The people of this nation were less dependent on the government? What if we could run our cars off fuel we made at home? Or power our houses with solar panels by greening the homes and living mostly off net? But kept the net as an option? What if because we were less dependent on the government they would need us as much as we need them? Because: we do need them. But they need us more.

What if the bailout was given to the American people so they could own paid for homes, instead of giving enough money for $100,000 for every man woman and child in this nation to banks who then repossessed citizens' dwellings instead?

What if the American people decided to believe in our constitutional rights and love this nation because those three values of Life, Liberty, And ("individually decided") pursuits of happiness were undeniable in definition, and a citizen had the right to stand up for them?
If we start with finding what ‘we the people' agree on, we will have a good chance finding the solution.
So…What's everyone's opinion of how those three words should be interpreted? Cause I'd like to start there.
Comment: #19
Posted by: Timothy Brown
Fri Apr 13, 2012 9:59 PM
The winds of Change are shifting and Obama is burning the Constitution to ward off the chill...
Comment: #20
Posted by: Mary
Sat Apr 14, 2012 1:55 AM
Re: steve (#10)
How about 10 decades?
Comment: #21
Posted by: Jim
Sun Apr 15, 2012 6:14 PM
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