Andrew P. Napolitano

Can the American government forcibly quarantine to protect the public from the coronavirus?

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 -- one of the powers of the federal government and the other of the powers of the states.

March 11, 2020

Repeal the Patriot Act: Legislation repugnant to the American Revolution and Constitution

Both 215 and 505 of the Patriot Act are weapons of mass surveillance and should be repealed. They are instruments of a totalitarian government, not of free people.

March 4, 2020

Trump administration punishing the free speech of Julian Assange

Regrettably, the Trump administration is pretending the Pentagon Papers Case does not exist. It is manifesting that pretense in its criminal pursuit of international gadfly and journalist Julian Assange, the founder of WikiLeaks.

February 26, 2020

The curious case of Roger Stone

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 In that process, he has made enemies, some of whom have sought to destroy him.

February 19, 2020

Section 215 of the Patriot Act permits the government to assault our mos

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.

February 12, 2020

President Trump acquitted but not exonerated

The Senate trial of President Trump ended not with a bang but a whimper. What different outcome could one expect from a trial without so much as a single witness, a single document, any cross-examination or a defendant respectful enough to show up?

February 5, 2020

President’s lawyers misrepresented separation of powers in Trump’s impeachment trial

The president's lawyers have misrepresented the separation of powers by arguing that when Congress and the president are at loggerheads over congressional demands for documents or testimony, it becomes the duty of Congress to turn to the courts.

January 29, 2020

President Trump’s trial is not a charade but deadly serious business based on constitutional norms

I don't blame President 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.

January 22, 2020

Shifting justification for the killing of Soleimani persists

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 Qassem Soleimani.

January 15, 2020

Can President Trump legally kill a person not engaged in an act of violence?

Can the president legally kill a person not engaged in an act of violence because of what the person might do in the future? In a word: No.

January 8, 2020

Office Pool 2020: Looking ahead to what may, or may not, happen

Predictions of what may, or may not, happen with President Donald Trump, the U.S. and the world in 2020.

January 1, 2020

Christmas in America

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? W

December 25, 2019

Trump impeachment: Undisputed evidence that he abused his power

It is undisputed that Mr. Trump withheld the delivery of the $391 million in military aid to Ukraine that Congress authorized and ordered and that Mr. Trump himself signed into law.

December 18, 2019

Foreign Intelligence Surveillance Act (FISA) contradicts the Constitution

The U.S. Constitution requires probable cause of crime to be demonstrated to a judge before the judge can sign a search warrant. That was the law of the land until FISA came along.

December 11, 2019

The Supreme Court and the right to keep and bear arms

If the gun owners in this New York City case prevail, that right could be extended to public places outside the home, where police acknowledge that armed and well-trained civilians are most valued today.

December 4, 2019

What if on Thanksgiving Day we are most grateful that we are free?

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?

November 27, 2019

The dangers of a Trump imperial presidency

President Trump has imposed a sales tax that he calls a tariff, bombed Syria without congressional consent, defied federal court orders at the border and spent money from the federal Treasury not appropriated by Congress.

November 20, 2019

Is ignorance of the Constitution Trump’s defense?

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.

November 13, 2019

Would Roosevelt have made a Trumpian demand with a world leader?

Late last week, the House of Representatives adopted a resolution authorizing formal investigations into whether President Donald Trump has committed impeachable offenses while in office.

November 6, 2019

Republicans should be careful what they ask for during impeachment process

Early this week, Speaker of the House Nancy Pelosi, giving Republicans what they asked for, announced that the full House will vote on initiating an impeachment investigation of the president.

October 30, 2019