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 Tue, 31 Mar 2020 14:36:44 -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 ac8d08eca30d48044c642c7c09d350fc Beware a Government of Fear for 03/26/2020 https://www.creators.com/read/judge-napolitano/03/20/beware-a-government-of-fear Thu, 26 Mar 2020 00:00:00 -0700 <p></p><p><i>"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety."</i> &#8212; Benjamin Franklin (1706-1790)</p> <p>One of my Fox colleagues recently sent me an email attachment of a painting of the framers signing the Constitution of the United States. Except in this version, George Washington &#8212; who presided at the Constitutional Convention &#8212; looks at James Madison &#8212; who was the scrivener at the Convention &#8212; and says, "None of this counts if people get sick, right?"<p>Updated: Thu Mar 26, 2020</p> 127dcd624566cefbae7e905a7cb6b183 Freedom in a Time of Madness for 03/19/2020 https://www.creators.com/read/judge-napolitano/03/20/freedom-in-a-time-of-madness Thu, 19 Mar 2020 00:00:00 -0700 <p></p><p><i>"The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances."</i> &#8212; Ex parte Milligan, U.S. Supreme Court (1866)</p> <p>During the Civil War, when President Abraham Lincoln thought it expedient to silence those in the northern states who challenged his wartime decisions by incarcerating them in military prisons in the name of public safety, he was rebuked by a unanimous Supreme Court. The essence of the rebuke is that no matter the state of difficulties &#8212; whether war or pestilence &#8212; the Constitution protects our natural rights, and its provisions are to be upheld when they pinch as well as when they comfort.<p>Updated: Thu Mar 19, 2020</p> 8411b4a93c53f1453fd2135eec67392f Can the Government Restrict Travel to Protect Public Health? for 03/12/2020 https://www.creators.com/read/judge-napolitano/03/20/can-the-government-restrict-travel-to-protect-public-health Thu, 12 Mar 2020 00:00:00 -0700 <p></p><p>The issue of whether government in America can quarantine persons against their will, ostensibly for their own health and that of others with whom they may come in contact, requires a dual analysis &#8212; one of the powers of the federal government and the other of the powers of the states. For constitutional analysis purposes, since local and regional governments derive their powers from the states in which they are located, the analysis of state powers pertains to them as well. </p> <p>We begin our analysis with the observation of the truism that freedom is the default position. The language of the Declaration of Independence, as well as various amendments in the Bill of Rights, unambiguously reflects the views that those who wrote, ratified and amended the Constitution recognized that our rights &#8212; to think, speak, publish, worship, defend ourselves, travel, own property, be left alone &#8212; are natural to our humanity.<p>Updated: Thu Mar 12, 2020</p> 9bd04c07261274d5472c92c2bd26bacf Repeal the Patriot Act for 03/05/2020 https://www.creators.com/read/judge-napolitano/03/20/repeal-the-patriot-act-a32bb Thu, 05 Mar 2020 00:00:00 -0800 <p></p><p>I have been writing for years about the dangers to human freedom that come from government mass surveillance. The United States was born in a defiant reaction to government surveillance. In the decade preceding the signing of the Declaration of Independence, the villains were the Stamp Act and the Writs of Assistance Act. Today, the villain is the Patriot Act.</p> <p>Here is the backstory.<p>Updated: Thu Mar 05, 2020</p> d6aa77880f196fc3c717a092b3efec02 Punishing the Free Speech of Julian Assange for 02/27/2020 https://www.creators.com/read/judge-napolitano/02/20/punishing-the-free-speech-of-julian-assange Thu, 27 Feb 2020 00:00:00 -0800 <p></p><p><i>"Congress shall make no law... abridging the freedom of speech."</i> &#8212; First Amendment to the U.S. Constitution</p> <p>In the oral argument of the famous U.S. Supreme Court cases known collectively as the Pentagon Papers Case, the late Justice William O. Douglas asked a government lawyer if the Department of Justice views the "no law" language in the First Amendment to mean literally no law. The setting was an appeal of the Nixon administration's temporarily successful efforts to bar The New York Times and The Washington Post from publishing documents stolen from the Department of Defense by a civilian employee, Daniel Ellsberg.<p>Updated: Thu Feb 27, 2020</p> 4f57dff6798a382b5c3969f3bf7c5e7d The Curious Case of Roger Stone for 02/20/2020 https://www.creators.com/read/judge-napolitano/02/20/the-curious-case-of-roger-stone Thu, 20 Feb 2020 00:00:00 -0800 <p></p><p>Roger Stone is a gifted political consultant known for going the distance for his clients. He has worked for such marquee names as Richard Nixon, Ronald Reagan, Tom Kean and Donald Trump. His expertise is the lawful destruction of the opposition candidacy &#8212; what is known in the trade as opposition research. In that process, he has made enemies, some of whom have sought to destroy him.</p> <p>That process of destruction began a year ago, when he was ordered out of the bedroom that he shared with his wife, and out of their home at 5:30 in the morning by no less than 23 federal agents carrying assault weapons. Behind his home on a Fort Lauderdale canal was a government boat filled with federal agents. Above his home was a government helicopter also filled with feds. All of this was captured in real time by CNN, which the feds had unlawfully tipped off about the coming raid.<p>Updated: Thu Feb 20, 2020</p> e38066edf0d1e48802ec625e9b4b2f07 A Primer on Domestic Spying for 02/13/2020 https://www.creators.com/read/judge-napolitano/02/20/a-primer-on-domestic-spying Thu, 13 Feb 2020 00:00:00 -0800 <p></p><p><i>"The Framers ... conferred, as against the Government, the right to be let alone &#8212; the most comprehensive of rights, and the right most valued by civilized men."</i> &#8212; Justice Louis Brandeis (1856-1941)</p> <p>While we were all consumed by impeachment, a pernicious piece of legislation was slowly and silently making its way through Congress. It is a renewal of Section 215 of the Patriot Act.<p>Updated: Thu Feb 13, 2020</p> a9fe6fccb51b0676a9d93eebdfdf39c1 Acquitted But Not Exonerated for 02/06/2020 https://www.creators.com/read/judge-napolitano/02/20/acquitted-but-not-exonerated Thu, 06 Feb 2020 00:00:00 -0800 <p></p><p><i>"The party told you to reject the evidence of your eyes and ears. It was their final, most essential command."</i> &#8212; George Orwell, "1984"</p> <p><p>Updated: Thu Feb 06, 2020</p> 7d886c21eb561516cda442be70e75f31 A Primer on the Separation of Powers for 01/30/2020 https://www.creators.com/read/judge-napolitano/01/20/a-primer-on-the-separation-of-powers Thu, 30 Jan 2020 00:00:00 -0800 <p></p><p>The president of the United States is on trial in the Senate. It is an impeachment trial and, thus far, has consisted of remarks made by impeachment managers from the House of Representatives, who have argued that the president should be removed from office for abuse of power and contempt of Congress, and the president's lawyers, who have argued that he did not abuse power or behave contemptuously, and even if he did, those are not impeachable offenses.</p> <p>These arguments often rely on differing views of the relationship between the three branches of the federal government. That relationship is called the separation of powers.<p>Updated: Thu Jan 30, 2020</p> a90880dbe3b0807fbca54fdd1d774c93 What Does It Take to Remove a President? for 01/23/2020 https://www.creators.com/read/judge-napolitano/01/20/what-does-it-take-to-remove-a-president Thu, 23 Jan 2020 00:00:00 -0800 <p></p><p>I don't blame President Donald Trump for his angst and bitterness over his impeachment by the House of Representatives. In his mind, he has done "nothing wrong" and not acted outside the constitutional powers vested in him, and so his impeachment should not have come to pass. He believes that the president can legally extract personal concessions from the recipients of foreign aid, and he also believes that he can legally order his subordinates to ignore congressional subpoenas.</p> <p>Hence, his public denunciations of his Senate trial as a charade, a joke and a hoax. His trial is not a charade or a joke or a hoax. It is deadly serious business based on well-established constitutional norms.<p>Updated: Thu Jan 23, 2020</p> 16f2c936e686aa7d411d9c4f1ea23885 A Tangled Web of Deception for 01/16/2020 https://www.creators.com/read/judge-napolitano/01/20/a-tangled-web-of-deception Thu, 16 Jan 2020 00:00:00 -0800 <p></p><p>When witnesses testify in a courtroom and offer varying, contradictory or even unlawful explanations of the events under scrutiny, juries tend not to believe them. The same is now happening with the Trump administration's defense of its killing Iranian Maj. Gen. Qassem Soleimani by the use of an unmanned drone while he was being driven peacefully along a public highway in Iraq two weeks ago. Why the shifting justifications?</p> <p>Here is the backstory.<p>Updated: Thu Jan 16, 2020</p> 84559f16e1ee89c26e7c9f5ff7e8b9ed A Lawless Political Assassination for 01/09/2020 https://www.creators.com/read/judge-napolitano/01/20/a-lawless-political-assassination Thu, 09 Jan 2020 00:00:00 -0800 <p></p><p><i>"America ... goes not abroad in search of monsters to destroy."</i> &#8212; President John Quincy Adams (1767-1848)</p> <p>Last week, President Donald Trump ordered the U.S. military to invade a then-friendly country without the knowledge or consent of its government and assassinate a visiting foreign government official. The victim was the head of Iran's military and intelligence. The formerly friendly country is Iraq. The killing of the general and his companions was carried out by the use of an unmanned drone. The general was not engaged in an act of violence at the time he was killed, nor were any of his companions. They were driving on a public highway in a van.<p>Updated: Thu Jan 09, 2020</p> c0ccf62f827d2c46e3519865a8254b30 Office Pool 2020 for 01/02/2020 https://www.creators.com/read/judge-napolitano/12/19/office-pool-2020 Thu, 02 Jan 2020 00:00:00 -0800 <p></p><p>1) In 2020, President Donald Trump will...</p> <p>a. start a war with Iran.<p>Updated: Thu Jan 02, 2020</p> 609529b8357bb7c17e72ea004a19e3b5 Christmas in America for 12/25/2019 https://www.creators.com/read/judge-napolitano/12/19/christmas-in-america Wed, 25 Dec 2019 00:00:00 -0800 <p></p><p>What if Christmas is a core value of belief in a personal God who lived among us and His freely given promise of eternal salvation that no believer should reject or apologize for? What if Christmas is the rebirth of Christ in the hearts of all believers? What if Christmas is the potential rebirth of Christ in every heart that will have Him, whether a believer or not?</p> <p><span class="column--highlighted-text">What if Jesus Christ was born about 2,000 years ago in Bethlehem? </span>What if He is true God and true man? What if this is a mystery and a miracle? What if this came about as part of God's plan for the salvation of all people? What if Jesus was sent into the world to atone for our sins by offering Himself as a sacrifice? What if He was sinless? What if His life was the most critical turning point in human history? What if the reason we live is that He died?<p>Updated: Wed Dec 25, 2019</p> 4740e414252264c838f67dba04c4df2c Shall Anyone Be Above the Law? for 12/19/2019 https://www.creators.com/read/judge-napolitano/12/19/shall-anyone-be-above-the-law Thu, 19 Dec 2019 00:00:00 -0800 <p></p><p>The rule of law is a cornerstone of American democracy and is integral to the Constitution. It stands for the principles that no person is beneath the laws' protections. No person is above the laws' requirements. And the laws apply equally to all people. That is the theory of the rule of law.</p> <p>In practice, as the power of the federal government has grown almost exponentially since 1789 and the power of the presidency has grown with it, presidents have claimed immunity from the need to comply with the law while in office. They have also claimed immunity from the consequences of the failure to comply with the law.<p>Updated: Thu Dec 19, 2019</p> 00d7d69a6de9d1a928f05b6c59c6461a What's Wrong with FISA? for 12/12/2019 https://www.creators.com/read/judge-napolitano/12/19/whats-wrong-with-fisa Thu, 12 Dec 2019 00:00:00 -0800 <p></p><p>Congress enacted the Foreign Intelligence Surveillance Act in 1978 in response to the unlawful surveillance of Americans by the FBI and the CIA during the Watergate era. President Richard Nixon &#8212; who famously quipped after leaving office that "when the president does it, that means that it is not illegal" &#8212; used the FBI and the CIA to spy on his political opponents.</p> <p>The stated reason was national security. Nixon claimed that foreign agents physically present in the U.S. agitated and aggravated his political opponents to produce the great public unrest in America in the late 1960s and early 1970s, and thus diminished Americans' appetite for fighting the Vietnam War. There was, of course, no evidence to support that view, but the neocons in Congress and the military-industrial complex supported it even after Nixon left office.<p>Updated: Thu Dec 12, 2019</p> 93de98469d0541db0ed0de4fd77a0a97 The Supreme Court and the Right to Keep and Bear Arms for 12/05/2019 https://www.creators.com/read/judge-napolitano/12/19/the-supreme-court-and-the-right-to-keep-and-bear-arms Thu, 05 Dec 2019 00:00:00 -0800 <p></p><p>In a 2008 case called District of Columbia v. Heller, and again in a 2010 case called McDonald v. City of Chicago, the Supreme Court interpreted the Second Amendment.</p> <p>That amendment was written, the court ruled in both cases, to mandate the obligation of the federal government, as well as cities and states, to recognize, respect and permit the exercise of the right to self-defense, using the same level of technology as might be used against someone in the home. Stated differently, the high court twice held in the past 11 years that the right to own and keep and &#8212; if necessary &#8212; to use a gun in the home is a personal pre-political right.<p>Updated: Thu Dec 05, 2019</p> 388ec7b0c4bdd2ade269c485d8575dd5 For What Should We Be Thankful? for 11/28/2019 https://www.creators.com/read/judge-napolitano/11/19/for-what-should-we-be-thankful-29cfb Thu, 28 Nov 2019 00:00:00 -0800 <p></p><p>What if the government's true goal is to perpetuate itself? What if the real levers of governmental power are pulled by agents and diplomats and by bureaucrats and central bankers behind the scenes? What if they stay in power no matter who is elected president or which political party controls either house of Congress?</p> <p>What if the frequent public displays of adversity between Republicans and Democrats are just a facade and a charade? What if both major political parties agree on the transcendental issues of our day?<p>Updated: Thu Nov 28, 2019</p> 25450d70d9e3d2624affe5a892b96590 The Dangers of an Imperial Presidency for 11/21/2019 https://www.creators.com/read/judge-napolitano/11/19/the-dangers-of-an-imperial-presidency Thu, 21 Nov 2019 00:00:00 -0800 <p></p><p>Throughout the House of Representatives' impeachment inquiry, President Donald Trump has been pushing Attorney General William Barr to make a public statement on the president's behalf. He wants Barr to state publicly that even if the president did what congressional Democrats claim &#8212; conditioning the release of $391 million in vital military and financial aid to Ukraine upon the announcement of a Ukrainian government investigation of former Vice President Joe Biden &#8212; such behavior did not constitute impeachable offenses.</p> <p>The attorney general, to his credit, has declined to comply with the president's wishes. But he did stir the pot earlier this week with a partisan speech on the nature of the modern American presidency. That speech &#8212; by its assertion that liberals have neutered the presidency or shackled it in chains &#8212; must have been written in an alternate reality.<p>Updated: Thu Nov 21, 2019</p> 7bcac818fac3a5554eb57c7e59c3ec4e Is Ignorance of the Constitution Trump's Defense? for 11/14/2019 https://www.creators.com/read/judge-napolitano/11/19/is-ignorance-of-the-constitution-trumps-defense Thu, 14 Nov 2019 00:00:00 -0800 <p></p><p>"Well, when the president does it, that means that it is not illegal." &#8212; Richard M. Nixon (1913-1994)</p> <p>As public hearings on impeachment begin this week, we will see the case for and the case against impeaching President Donald Trump. The facts are largely undisputed, but each side has its version of them.<p>Updated: Thu Nov 14, 2019</p>