Andrew P. Napolitano

Will Trump stop domestic spying?

Why didn't Mr. Biden just do his job and prohibit all warrantless domestic spying?

December 11, 2024

Three cheers for Hunter Biden’s pardon

My initial reaction to the issuance of a full pardon by President Biden to his son Hunter was emotional. What father wouldn't pardon his own son if he could?

December 4, 2024

Less government brings a happy Thanksgiving

What if the government's true goal is to perpetuate its own power? What if the real levers of governmental power are pulled by agents, diplomats, bureaucrats, donors, central bankers and arms manufacturers? What if they have power no matter who is elected president or which political party controls either house of Congress?

November 27, 2024

Biden’s lust for war: The Russia-Ukraine debacle

The war in Ukraine is an American war for which our government should be shamed and blamed.

November 20, 2024

Guantanamo case continues to haunt: Will revenge be sought?

When can an Army colonel overrule the secretary of defense? It happened last week for probably the first time in modern history.

November 13, 2024

What if voting is fruitless?

What if you were allowed to vote only because it didn't make a difference? What if no matter how you voted, the elites always got their way?

November 6, 2024

Does it matter who is president? Not constitutionally

My family and friends are angry with me because I won't tell them for whom I plan to vote for president.

October 30, 2024

War and the Constitution: Debating the conflicts in Ukraine and Israel

Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional and legal requirements that must be met before war is waged?

October 23, 2024

No one in America should be afraid to express an opinion

When Rep. James Madison was drafting the first 10 amendments to the Constitution, he insisted that the most prominent amendment restrain the government from interfering with the freedom of speech.

October 16, 2024

Stored Communications Act of 1986: Government compels silence again

When Congress enacted the Stored Communications Act of 1986, it said the statute would guarantee the privacy of digital data that service providers were retaining in storage.

October 9, 2024

Pentagon’s reversal of Gitmo plea deal reveals long shadow of torture and constitutional evasion

The case of the Guantanamo plea agreement gets curiouser and curiouser.

October 2, 2024

A brief history of free speech in America

We are at the cusp of dark days for free expression. The remedy is to exercise it.

September 25, 2024

Political interference in criminal justice: From Supreme Court to Guantanamo Bay trials

When politics interferes with criminal prosecutions, it is always dangerous to human freedom and due process. Yet present-day America is replete with tawdry examples of this.

September 18, 2024

Free speech and the Department of Political Justice

In 1966, two Russian literary dissidents, Yuli Daniel and Andrei Sinyavsky, were tried and convicted on charges of disseminating propaganda against the Soviet state.

September 11, 2024

Now the feds are spying on Congress

The federal antipathy to compliance with the Constitution is well known and well documented.

September 4, 2024

Searching for monsters

In the middle of his term as secretary of state, John Quincy Adams, would would go on to become president, addressed a joint session of Congress. What prompted this unusual event?

August 28, 2024

Americans’ right to be left alone

The Fourth Amendment to the Constitution guarantees the right to privacy. Like other amendments in the Bill of Rights, it doesn't create the right; it limits government interference with it.

August 21, 2024

FBI ‘visits’ former U.N. weapons inspector Scott Ritter

Among the lesser-known holes in the Constitution cut by the Patriot Act of 2001 was the destruction of the "wall" between federal law enforcement and federal spies.

August 14, 2024

Khalid Sheikh Mohammed and the problem of torture

In the months following the 9/11 attacks, the government blamed al Qaeda leader Osama bin Laden for orchestrating them. Then, after it murdered bin Laden, the government decided that the true mastermind was Khalid Sheikh Mohammed.

August 7, 2024

When presidents kill

Before he withdrew from the presidential race, President Biden secretly affirmed his self-willed and self-created authority to kill people in other countries.

July 31, 2024