Andrew P. Napolitano
Articles by Andrew P. Napolitano
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. Published 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? Published 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. Published 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. Published 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. Published 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. Published 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. Published 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 Published 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. Published 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. Published 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. Published 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? Published 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. Published 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. Published 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. Published 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. Published October 30, 2019
How Trump disparages the Constitution
Mr. Trump referred to a clause in the Constitution as "phony," and he thereby implied that he need not abide it nor enforce it, notwithstanding his oath. Published October 23, 2019
Is the impeachment process fair?
Impeachment is always constitutional if it originates in the House and if its basis is arguably for treason, bribery or other high crimes and misdemeanors. Published October 16, 2019
The presidency, war powers and the Constitution
President Trump's decision to withdraw the troops caused a firestorm among those in Congress who like war and those who believe that the United States should be using our military amply in the Middle East to help our friends and oppose our foes. Published October 9, 2019
President Trump attacks his own presidency
The House of Representatives has begun to gather evidence in an effort to determine if President Donald Trump has committed impeachable offenses. The U.S. Constitution defines an impeachable offense as "treason, bribery, or other high crimes and misdemeanors." Published October 2, 2019
