Andrew P. Napolitano

Violations of Americans’ freedoms during the COVID-19 pandemic

As the world watches the disastrous ending of America's nearly 20-year occupation of Afghanistan, we cannot lose sight of what is happening here, just below the media radar.

August 18, 2021

Does the United States still have a Constitution?

When interpreted in accordance with the plain meaning of its words, the Constitution does not permit the government to infringe upon personal freedoms, no matter the emergency or pandemic.

August 11, 2021

Freedom in the time of COVID-19 madness

Sadly, we are approaching a time in America during which our elected public officials will assault the liberties we have hired them to protect.

August 4, 2021

Plot to kidnap Gov. Gretchen Whitmer: What happens when the government breaks its own laws?

In October of 2020, 14 people were arrested in Michigan and accused of being participants in a plot to kidnap Gov. Gretchen Whitmer.

July 28, 2021

Trump’s lawsuit against Big Tech likely to fail

Former President Donald J. Trump recently filed a lawsuit in federal district court in Miami against the Big Tech companies that have denied him a platform.

July 21, 2021

Guantanamo’s Abdulsalam al-Hela and the Fifth Amendment

Abdulsalam al-Hela is a 53-year-old Yemeni cleric who has been incarcerated by the United States at the Guantanamo Bay Naval Station in Cuba since 2004.

July 14, 2021

NSA’s spying on Tucker Carlson is an attack on all Americans

Tucker Carlson and you and I can say whatever we want about the government and it cannot legally or constitutionally chill or prevent that. If it could, then our rights are just empty claims.

July 7, 2021

Can the president kill?

Last weekend, President Biden ordered the U.S. military to bomb targets in Syria and Iraq in an effort "to send a clear and unambiguous deterrent message" to Iran.

June 30, 2021

Should Biden receive Holy Communion?

The dispute over whether Roman Catholics who facilitate abortions should be permitted to receive the Blessed Sacrament appears to be coming to a head.

June 23, 2021

Can the DOJ engage in a fishing expedition and obtain personal records of members of Congress?

Last week, The New York Times revealed that the Department of Justice persuaded a federal grand jury to subpoena the telephone, email and texting records of about 20 people.

June 17, 2021

Confessions of Abd al-Rahim al-Nashiri: Torture enters the courtroom

For the first time in American history, a federal judge last week authorized the government to admit as evidence in a criminal case words uttered by the defendant that were obtained under torture.

June 9, 2021

Taking liberty for granted

No one knows if Thomas Jefferson personally uttered those words. They have been widely attributed to him, but they don't appear in any of his writings. If he did not literally utter them, he uttered the sentiments they offer. They remind us not to take liberty for granted.

June 2, 2021

Community caretaking ruse: Can the police enter a private home without a search warrant?

Warrantless searches and seizures are unreasonable -- and thus unconstitutional -- unless they fall into the "exigent circumstances" exception.

May 26, 2021

Phil Murphy and the government’s emergency powers myth

Last week, the media in New Jersey began to ask Gov. Phil Murphy when he would surrender his emergency powers.

May 19, 2021

Can federal judges alter the Constitution?

A writ of habeas corpus is the ancient individual right of every person confined by the government to require the government to justify the confinement under the law to a neutral judge.

May 12, 2021

More unconstitutional U.S. government spying and lying

Twice last week, the federal government's unconstitutional spying on ordinary Americans was exposed.

May 5, 2021

Biden’s unconstitutional debt burdens future generations

Earlier this week, President Biden asked Congress to raise taxes and increase borrowing so his administration can spend $2.3 trillion -- on top of the $1.9 trillion Congress authorized two months ago for so-called COVID relief.

April 28, 2021

Using free market options when Big Tech censors free speech

A colleague recently asked me if I approved of Big Tech censoring political and cultural voices on their platforms.

April 21, 2021

Biden determined to infringe on the right of Americans to keep and bear arms

The law today is not what it was when Joe Biden came of age. Today, the right to keep and bear arms is recognized unambiguously as a personal, fundamental, pre-political, natural right.

April 14, 2021

Enduring the tyranny of the Democrats’ majority

Does it really matter if the instrument curtailing liberty is a monarch or a popularly elected legislature?

April 7, 2021