Andrew P. Napolitano
Articles by Andrew P. Napolitano
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. Published 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. Published 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. Published 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. Published 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. Published 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. Published 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. Published 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? Published April 7, 2021
Hope for the dead and living, Easter’s meaning
What does Easter mean? Easter means that there's hope for the dead. If there's hope for the dead, then there's hope for the living. Published March 31, 2021
Questions to consider about democracy, the Constitution and personal liberties
What if liberty and democracy are opposites? What if the principle underlying liberty is to restrain the government to maximize individual autonomy? Published March 24, 2021
Violating the Constitution and the coming war on privacy
The government loves to give the impression that it has caught bad guys before they struck, thereby keeping us safe. Don't believe it. Published March 17, 2021
Congress must restrict president’s power to make war
The United States is not at war with Syria. It is not at war with the militias that were bombed, and it didn't seek or have the permission of the Syrian government to enter its air space. Published March 10, 2021
Silencing free speech on college campuses
Last week produced news about the suppression of speech on university campuses. There, the suppression usually occurs through the power of intimidation before the speech is given. Published March 3, 2021
Do American citizens own their faces?
After listening to Dr. Anthony Fauci suggest last weekend that we should expect to be wearing two masks on our faces everywhere we go until the end of 2022, I began thinking again about first principles. Published February 24, 2021
Trump, impeachment and the defiance of the Constitution
The U.S. Constitution is the supreme law of the land, thus, all government behavior must conform to it. It is, of course, notwithstanding its supremacy, an imperfect document. Published February 17, 2021
Biden and Democrats reignite the abortion wars
There have been rumblings among Democrats to make it more difficult for the Supreme Court to invalidate or permit states to gnaw away at Roe v. Wade. Published February 10, 2021
American government’s surveillance kills freedom
When Justice Louis D. Brandeis referred to the right to privacy as "the right to be let alone," it was 1928. Published February 3, 2021
Americans under surveillance: Defense Intelligence Agency violated Constitution
In the DIA memo, the government acknowledged for the first time that it willingly and knowingly has violated the Constitution. Published January 27, 2021
Twitter and Facebook can ban any speech they want
we have seen Big Tech companies silencing their opponents. I hate when they do that, but they have every right to do so. Published January 20, 2021
Did Trump commit a crime by exhorting the crowds on Jan. 6?
Former New Jersey Gov. Chris Christie offered his understanding last weekend of President Trump's alleged role in the Capitol riots when he said, "If inciting to insurrection isn't impeachable, I don't know what is." Published January 13, 2021
