Andrew P. Napolitano

When Trump’s failed Iran war comes home

A failed war does not end when the drones stop flying. It creates a new danger: a government that refuses to admit defeat and a president who, having failed abroad, seeks muscular victories elsewhere.

September 9, 2026

Khalid Sheikh Mohammed ruling exposes torture’s cost in 9/11 case

The recent suppression of Khalid Sheikh Mohammed's torture-tainted confessions at Guantanamo Bay is far more than a victory for a defendant. It is a victory for the Constitution.

September 2, 2026

Twilight’s last gleaming

There is a point in the decline of republics when the problem is no longer that the government breaks its own laws.

August 26, 2026

ICE should get a warrant before policing social media speech

When a government agency comes to an internet service provider demanding information about Americans because of what they've said on social media, the provider should discard the demand

August 19, 2026

Police cameras threaten the right to be left alone

The rapid spread of public surveillance cameras represents something far more consequential than a new piece of police technology.

August 12, 2026

The normalcy of American wars

The war in Iran is unlawful and unconstitutional, but in post-World War II America, it is normal. Here is the backstory.

August 5, 2026

Why the Senate should reject Todd Blanche for attorney general

Deputy Attorney General Todd Blanche is not qualified to be the attorney general of the United States.

July 29, 2026

The American presidency and perpetual war

One of the defining failures of modern American government has been the steady erosion of Congress' constitutional authority over war.

July 22, 2026

The United States of America unrecognizable at 250

Many of us who monitor federal excess are fearful of out-of-control democracy, which is what we have in America today.

July 1, 2026

Constitutional indifference fueled America’s leviathan government

Since its inception, the government of the United States has inexorably exceeded its powers under the Constitution.

June 24, 2026

The United States of America: A republic or an empire?

The Declaration of Independence of July 4, 1776, embraces two value sets. The first is natural rights, and the second is limited government.

June 17, 2026

Battle over Section 702 symbolic of authoritarians versus constitutionalists

When President Trump appointed an obviously unqualified friend, a homebuilder executive, to serve as acting director of national intelligence, he inadvertently drew attention to Section 702 of FISA.

June 10, 2026

Gitmo and torture revisited

America's longest current criminal prosecution is in its 15th year, on its fifth judge, and still has no trial date.

June 3, 2026

Government spying turns every American into a suspect

Some recent legal challenges to the Department of Homeland Security's surveillance of Americans have revealed truly terrifying behavior by the government.

May 27, 2026

Do we still have a Constitution?

This week, President Trump announced that he plans to give away tax dollars without congressional or judicial authorization to friends and allies who he believes were mistreated by President Biden.

May 20, 2026

U.S. military has ended over 190 lives in the Caribbean, Pacific

"It is forbidden to kill; therefore all murderers are punished unless they kill in large numbers and to the sound of trumpets."

May 13, 2026

The Comey indictment and free speech

In 200-plus years of interpreting the free speech clause of the First Amendment, the courts have narrowed and expanded its scope.

May 6, 2026

Trump’s surveillance state

The Fourth Amendment protects all people from warrantless government searches and seizures of their persons, houses, papers and effects.

April 29, 2026

A secret act of judicial tyranny

In a famous Supreme Court one-liner, Justice William J. Brennan Jr. is reputed to have said that the Constitution means whatever any five of us say it means.

April 22, 2026

FISA 702 expands government surveillance power at expense of constitutional privacy

When the Bill of Rights was being crafted, it was left to James Madison to articulate the values that would insulate the inalienable rights of all people from government negating freedom.

April 15, 2026