Andrew P. Napolitano
Articles by Andrew P. Napolitano
During these dark days, government must protect freedom and not assault it
Like the colonists who fought the oppression of the king, we the living can achieve our hopes only if we have freedom. And that requires a government that protects freedom, not one that assaults it. Published April 8, 2020
Taking constitutional rights seriously during COVID-19 pandemic
Unless we follow the Constitution, crisis produces fear, and fear produces madness, and madness produces those who become a law unto themselves. Published April 1, 2020
What good are constitutional rights if they are violated when Americans get sick?
You want to bring the family to visit grandma? You want to go to work? You want to celebrate Mass? These are all now prohibited in one-third of the United States. Published March 25, 2020
Draconian coronavirus closures of restaurants threatens due process granted by Constitution
The coronavirus pandemic, which ravaged portions of China and Italy, has arrived in the United States and our central planners have panicked. Published March 18, 2020
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. Published 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Both 215 and 505 of the Patriot Act are weapons of mass surveillance and should be repealed.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. Published 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. Published 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. Published 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. 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
