Judge Andrew P. Napolitano from Creators Syndicate https://www.creators.com/read/judge-napolitano Creators Syndicate is an international syndication company that represents cartoonists and columnists of the highest caliber. en Sun, 20 Sep 2020 15:50:05 -0700 https://www.creators.com/ http://blogs.law.harvard.edu/tech/rss Judge Andrew P. Napolitano from Creators Syndicate https://cdn.creators.com/features/judge-andrew-p-napolitano-thumb.jpg https://www.creators.com/read/judge-napolitano c5b4c2f0fc2b6d47c07c5b301999126c A Constitution of Some Authority for 09/17/2020 https://www.creators.com/read/judge-napolitano/09/20/a-constitution-of-some-authority Thu, 17 Sep 2020 00:00:00 -0700 <p></p><p>A federal court in Pennsylvania this week has become the first in the nation to rule that the lockdown, social distancing and essential workplace regulations imposed by Gov. Tom Wolf are unconstitutional.</p> <p>The judge found that the governor's orders were so inconsistent, so bereft of any rational basis or scientific model, and so ignorant of the Constitution the governor swore to uphold that he invalidated all of them.<p>Updated: Thu Sep 17, 2020</p> 7804fcc72d4c79dd869aa50ec7ac3693 Trump Attacks the Military for 09/10/2020 https://www.creators.com/read/judge-napolitano/09/20/trump-attacks-the-military Thu, 10 Sep 2020 00:00:00 -0700 <p></p><p>I was appalled at the allegations against President Donald Trump leveled in a recent article in The Atlantic. The article claimed that the president referred to American soldiers killed in World War I and buried in France as "losers" and "suckers." It also offered that the president is disdainful in general of military personnel who have been captured by the enemy or killed in combat.</p> <p>The article cited four anonymous sources, each of whom claimed to be physically close enough to the president to have heard him make these awful statements. Fox News and CNN have both independently confirmed the accuracy of the allegations.<p>Updated: Thu Sep 10, 2020</p> 220458d3eb9f04b1c3872aa14bbfb801 Has President Trump Incited Violence? for 09/03/2020 https://www.creators.com/read/judge-napolitano/09/20/has-president-trump-incited-violence Thu, 03 Sep 2020 00:00:00 -0700 <p></p><p>All states have laws that prohibit assault and destruction of others' property. States and the federal government also have laws that prohibit bystanders from encouraging others to engage in violence. The latter is known as incitement.</p> <p>When violence has erupted in American streets between groups supporting President Donald Trump and those opposed to him &#8212; and he encouraged his supporters to be "much tougher" than the other side and to "hit back" &#8212; did his use of intemperate words incite violence?<p>Updated: Thu Sep 03, 2020</p> d0f2260962d572b85a99865178bd78fe Sell the Postal Service! for 08/27/2020 https://www.creators.com/read/judge-napolitano/08/20/sell-the-postal-service Thu, 27 Aug 2020 00:00:00 -0700 <p></p><p>"<i>Neither snow nor rain nor heat nor gloom of night stays these couriers from the swift completion of their appointed rounds.</i>" &#8212; Unofficial motto of the United States Postal Service</p> <p>The United States Postal Service &#8212; formerly the Post Office &#8212; is an American institution rooted in the Constitution. To the framers, the idea that the federal government would be in the thankless business of carrying mail from city to city defied their Madisonian ideas of limited government. But they feared that rival states would take over delivery of the mails. So, they reluctantly made it a federal apparatus.<p>Updated: Thu Aug 27, 2020</p> 7e6143e67c1ee5b07e78dd6e5c68575a All Spying All the Time for 08/20/2020 https://www.creators.com/read/judge-napolitano/08/20/all-spying-all-the-time Thu, 20 Aug 2020 00:00:00 -0700 <p></p><p>During this summer of madness in Portland, Oregon, and sadness over COVID-19, two below-the-radar events occurred implicating the insatiable appetite of the United States government to spy on everyone in America. Regular readers of this column know that the feds have been wearing away at our privacy rights using a multitude of means. Yet, these two below-the-fold events this summer have caught the feds flatfooted.</p> <p>Here is the backstory.<p>Updated: Thu Aug 20, 2020</p> c673fe305eefa40a7475e9c468cafd99 Only Congress Can Spend Federal Monies for 08/13/2020 https://www.creators.com/read/judge-napolitano/08/20/only-congress-can-spend-federal-monies Thu, 13 Aug 2020 00:00:00 -0700 <p></p><p>"<i>No Money shall be drawn from the Treasury, but in consequence of Appropriations made by Law.</i>" &#8212; U.S. Constitution, Article I, section 9</p> <p>Congress and the White House have been at loggerheads for weeks on the next phase of federal aid to those suffering financially and who lost jobs because of governor-mandated lockdown orders in response to the COVID-19 pandemic. At last count, more than 30 million Americans who had full-time jobs a year ago are today unemployed.<p>Updated: Thu Aug 13, 2020</p> 5dfb52c359aeacdeb39566b9b052f7ab Spying on Journalists for 08/06/2020 https://www.creators.com/read/judge-napolitano/08/20/spying-on-journalists Thu, 06 Aug 2020 00:00:00 -0700 <p></p><p>Last week, this column argued that the only constitutional role for armed federal forces in Portland, Oregon, was to assist U.S. marshals in protecting federal property and personnel there &#8212; in this case, the federal courthouse and those who come to it. The column also argued that under the U.S. Constitution, the feds have no lawful role in policing streets unless requested to do so by the governor or legislature of any state.</p> <p>In Portland's case, the governor of Oregon and the mayor of Portland both asked acting Secretary of Homeland Security Chad Wolf to bring his forces home. He agreed to do so when Oregon's governor offered to beef up security at the federal courthouse.<p>Updated: Thu Aug 06, 2020</p> 85592812c8131b0deeec749c7ce403aa Freedom and Political Dissent for 07/30/2020 https://www.creators.com/read/judge-napolitano/07/20/freedom-and-political-dissent Thu, 30 Jul 2020 00:00:00 -0700 <p></p><p>Two weeks ago, this column offered a brief history of the freedom of speech in America. The essence of the column was that all public speech is lawful when there is time for more speech to challenge it and that the remedy for hate speech is not censorship, but more speech.</p> <p>Last week, this column addressed the unconstitutional behavior of federal agents in Portland, Oregon, most of whom are out among peaceful demonstrators interfering with free speech, travel and assembly.<p>Updated: Thu Jul 30, 2020</p> 681af0b667bccc090adeda3e9bbf0bc4 How Totalitarianism Begins for 07/22/2020 https://www.creators.com/read/judge-napolitano/07/20/how-totalitarianism-begins Wed, 22 Jul 2020 00:00:00 -0700 <p></p><p><i>"The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own consciences."</i> &#8212; C.S. Lewis (1898-1963)</p> <p>Serious issues are implicating personal liberty and public safety in Portland, Oregon. The police are not enforcing local and state laws. They are refraining from doing so because they have been so instructed by elected public officials.<p>Updated: Wed Jul 22, 2020</p> a8882e0ef3165133dda129cf53b1019b A Brief History of the Freedom of Speech in America for 07/16/2020 https://www.creators.com/read/judge-napolitano/07/20/a-brief-history-of-the-freedom-of-speech-in-america Thu, 16 Jul 2020 00:00:00 -0700 <p></p><p><i>"I disagree with what you say but will defend to the death your right to say it."</i> &#8212; Voltaire (1694-1778)</p> <p>When Thomas Jefferson wrote the Declaration of Independence, he included in it a list of the colonists' grievances with the British government. Notably absent were any complaints that the British government infringed upon the freedom of speech.<p>Updated: Thu Jul 16, 2020</p> 3f1804b90d9e1fc2bc1c3e3ca6c2312e Personal Liberty Squeezed in a Vise for 07/09/2020 https://www.creators.com/read/judge-napolitano/07/20/personal-liberty-squeezed-in-a-vise Thu, 09 Jul 2020 00:00:00 -0700 <p></p><p>Last week, this column addressed the expectation of revolution and the exhilaration of freedom that pervaded the 13 colonies during the summer of 1776. This summer in America, we are approaching the end of a civilized and free society as we have known it.</p> <p>The freedom to walk outside without worrying for your life and the reliance that constitutional freedoms are guarantees that the government will honor have dissipated. The effects are anarchy in the streets and a loss of liberty for everyone.<p>Updated: Thu Jul 09, 2020</p> 3e2cc0b477610acd8c4eb33e2b8d4145 When In the Course of Human Events for 07/02/2020 https://www.creators.com/read/judge-napolitano/07/20/when-in-the-course-of-human-events Thu, 02 Jul 2020 00:00:00 -0700 <p></p><p><i>"Government requires make-believe. Make believe that the king is divine, make believe that he can do no wrong or make believe that the voice of the people is the voice of God. Make believe that the people have a voice or make believe that the representatives of the people are the people. Make believe that governors are the servants of the people. Make believe that all men are created equal or make believe that they are not."</i> &#8212; Edmund S. Morgan (1916-2013)</p> <p>In the summer of 1776, revolution was in the air. Congress was meeting in Philadelphia, and it was impatient. Bloody skirmishes between colonial militias and British troops were upsetting the countryside. More British troops were on their way. Congress sensed it needed to do something. It wanted to vote for secession from Great Britain, and it needed a compelling document setting forth the reasons for doing so.<p>Updated: Thu Jul 02, 2020</p> c05fa095d84c97bb9217036605825ba6 The Afterlife of America's Original Sin for 06/25/2020 https://www.creators.com/read/judge-napolitano/06/20/the-afterlife-of-americas-original-sin Thu, 25 Jun 2020 00:00:00 -0700 <p></p><p>"Those who cannot remember the past are condemned to repeat it." &#8212; George Santayana</p> <p>I am amazed at the efforts around the country to remove and destroy painful mementos of our history. One would think that historical figures need to be perceived as perfect to survive the winds of change that buffet their statues and portraits, and the employment of their names. Some of this is decent and civilized. Some of it is misguided and violent. All of it is unnecessary.<p>Updated: Thu Jun 25, 2020</p> 4df2fad034c9b97aec955f50a67d2196 The First Freedom for 06/18/2020 https://www.creators.com/read/judge-napolitano/06/20/the-first-freedom-a8eb7 Thu, 18 Jun 2020 00:00:00 -0700 <p></p><p>Here is a pop quiz on the Constitution. What is the first freedom protected by the Bill of Rights? If you guessed speech or press, then you are close. The first protected freedom is religion. The two religion clauses in the First Amendment keep the government out of our pockets for religious purposes and out of our churches for all purposes. That was, at least, the intent of the framers.</p> <p>The tyrannical behavior of many state governors, who have issued executive orders purporting to regulate private behavior on private property &#8212; even religious behavior in houses of worship &#8212; and in the process have enforced these orders as if they were laws, has ignored this. In America, governors do not write laws; only legislatures do. There are no pandemic or public health or emergency exceptions in the Constitution.<p>Updated: Thu Jun 18, 2020</p> 71e7740029bddaf48edcd0070c542a50 A Knee on Our Throats for 06/11/2020 https://www.creators.com/read/judge-napolitano/06/20/a-knee-on-our-throats Thu, 11 Jun 2020 00:00:00 -0700 <p></p><p>For two months now, most of America has endured a government-imposed lockdown. I hate to use that word &#8212; lockdown &#8212; as it connotes locking prisoners into their cells during prison disturbances. But it is the word that the government itself uses when referring to its orders of confinement.</p> <p>Today, we are the government's prisoners. Wear your mask. Stay at home. Don't go to work. Don't open your business. Don't go to church. And, for heaven's sake, don't gather in any group larger than 25 &#8212; unless it is to speak words of which the government approves.<p>Updated: Thu Jun 11, 2020</p> 40393a7078804f5175c3f1807968ab63 A Perfect Storm for 06/04/2020 https://www.creators.com/read/judge-napolitano/06/20/a-perfect-storm-d20df Thu, 04 Jun 2020 00:00:00 -0700 <p><i>"These are the times that try men's souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country, but he that stands by it now, deserves the love and thanks of man and woman."</i> &#8212; Thomas Paine (1737-1809)</p> <p>Colonial America was filled with summer soldiers and sunshine patriots who wanted triumph over tyranny but were afraid to fight for it. Of course, enough did fight. They won the Revolutionary War and they enacted a Constitution intended to prevent both anarchy and tyranny. </p> <p>Today, we have both.<p>Updated: Thu Jun 04, 2020</p> f6ce29be9c1322f12e392e01d8aa374d The Freedom to Pursue Happiness for 05/28/2020 https://www.creators.com/read/judge-napolitano/05/20/the-freedom-to-pursue-happiness Thu, 28 May 2020 00:00:00 -0700 <p></p><p>The governors of all 50 states, and the mayors of many large cities, have assumed unto themselves the powers to restrict private personal choices and lawful public behavior in an effort to curb the spread of COVID-19.</p> <p>They have done so not by enforcing previously existing legislation but by crafting their own executive orders, styling those orders as if they were laws, using state and local police to enforce those so-called laws and &#8212; presumably when life returns to normal and the courts reopen &#8212; prosecuting the alleged offenders in court.<p>Updated: Thu May 28, 2020</p> 3390ff9441ad8d82c6b553bcbb065fb0 What If the Government Has It Wrong? for 05/21/2020 https://www.creators.com/read/judge-napolitano/05/20/what-if-the-government-has-it-wrong Thu, 21 May 2020 00:00:00 -0700 <p></p><p>What if the government has it wrong &#8212; on the medicine and the law?</p> <p>What if face masks can't stop the COVID-19 virus? What if quarantining the healthy makes no medical sense? What if staying at home for months reduces immunity?<p>Updated: Thu May 21, 2020</p> 1a3afef04ab1c3d3058450a0e28d7679 A Nation of Sheep for 05/14/2020 https://www.creators.com/read/judge-napolitano/05/20/a-nation-of-sheep Thu, 14 May 2020 00:00:00 -0700 <p></p><p><i>"When the people fear the government, there is tyranny. When the government fears the people, there is liberty."</i> &#8212; Thomas Jefferson (1743-1826)</p> <p>To Thomas Jefferson, the fulcrum between the people and the government they have elected was fear. He argued succinctly that the government would only respect liberty if it feared losing power. Today, the relationship between people and government is power. Does the government have the power to tell us how to make personal choices, or do we have the power to tell the government to take a hike?<p>Updated: Thu May 14, 2020</p> 5309b4cb81a8fa945d42b4e70c8092cf Do We Still Have a Constitution? for 05/07/2020 https://www.creators.com/read/judge-napolitano/05/20/do-we-still-have-a-constitution Thu, 07 May 2020 00:00:00 -0700 <p></p><p>I have been taking some heat from friends and colleagues for my steadfast defense of personal liberties and my arguments that the Constitution &#8212; when interpreted in accordance with the plain meaning of its words, and informed by history &#8212; does not permit the government to infringe upon personal freedoms, no matter the emergency or pandemic. For those who agree with me, worry not. We will persevere. For those who trust the government, worry a lot. You are not in good hands.</p> <p>The purpose of the Constitution is to establish the government and to limit it. Some of the limitations are written in the Constitution itself. Most of the limitations that pertain to personal freedoms are found in the Bill of Rights &#8212; the first 10 amendments.<p>Updated: Thu May 07, 2020</p>