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Andrew P. Napolitano

Andrew P. Napolitano

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is an analyst for the Fox News Channel. He has written seven books on the U.S. Constitution.

Articles by Andrew P. Napolitano

Attack on Free Speech Illustration by Linas Garsys/The Washington Times

Who cares what the government thinks?

In 1791, when Congressman James Madison was drafting the first 10 amendments to the U.S. Constitution, which would become known as Bill of Rights, he insisted that the most prominent amendment among them restrain the government from interfering with the freedom of speech. Published September 11, 2019

Adjudicating the Constitution Illustration by Greg Groesch/The Washington Times

The temptation of tyranny

Does the president of the United States have too much power? That question has been asked lately with respect to President Donald Trump's use of federal funds to construct 175 miles of sporadic walls along portions of the 2,000-mile common border between Texas and Mexico. Published September 4, 2019

President Trump's nonemergency of his own making

Late last week, President Donald Trump issued a tweet in which he purported to order American businesses to cease doing work with their employees and contract partners in China. Published August 28, 2019

In this Monday, July 15, 2019, file photo, U.S. Rep. Ilhan Omar, D-Minn, second from left, speaks, as U.S. Reps., from left, Rashida Tlaib, D-Mich.,Ayanna Pressley, D-Mass., and Alexandria Ocasio-Cortez, D-N.Y., listen, during a news conference at the Capitol in Washington. (AP Photo/J. Scott Applewhite, File)

The limits of free speech

During the past week, President Donald Trump excited two bitter public controversies by sending and publishing two highly inappropriate and offensively incendiary tweets. Published July 17, 2019

This photo made available by the U.S. National Archives shows a portion of the United States Constitution with Articles V-VII. For the past two centuries, constitutional amendments have originated in Congress, where they need the support of two-thirds of both houses, and then the approval of at least three-quarters of the states. But under a never-used second prong of Article V, amendments can originate in the states. (National Archives via AP)

The Constitution, the census and citizenship

Late last month, the U.S. Supreme Court ruled on a challenge to a question that the Commerce Department announced it would add to the 2020 census. The census itself has been mandated by the U.S. Constitution to be taken every 10 years so that representation in the House of Representatives could be fairly apportioned to reflect population changes. Published July 10, 2019

Illustration on Independence Day by Alexander Hunter/The Washington Times

The myth of Independence Day

The Declaration of Independence — released on July 4, 1776 — was Thomas Jefferson's masterpiece. Jefferson himself wrote much about it in essays and letters during the 50 years that followed. Published July 3, 2019

Treading on the Constitution Illustration by Greg Groesch/The Washington Times

Trump and health care transparency

Many of my media colleagues have been lauding President Donald Trump for signing an executive order earlier this week directing the federal Department of Health and Human Services to require health care providers to inform patients in advance of the true costs of medications and services. Published June 26, 2019

This photo made available by the U.S. National Archives shows a portion of the United States Constitution with the title of Article V. For the past two centuries, constitutional amendments have originated in Congress, where they need the support of two-thirds of both houses, and then the approval of at least three-quarters of the states. But under a never-used second prong of Article V, amendments can originate in the states. (National Archives via AP)

Can government punish twice for the same crime?

Last week, this column discussed the unconstitutional efforts of federal prosecutors in Chicago to punish an American citizen for crimes that had not yet been committed. This week, I address the wish of federal prosecutors in Alabama to charge and to punish a man for a crime for which he had already been convicted and punished. Published June 19, 2019

This photo made available by the U.S. National Archives shows a portion of the United States Constitution with Articles V-VII. For the past two centuries, constitutional amendments have originated in Congress, where they need the support of two-thirds of both houses, and then the approval of at least three-quarters of the states. But under a never-used second prong of Article V, amendments can originate in the states. (National Archives via AP)

Trashing the Constitution again

While the eyes of the political and media classes were on President Donald Trump as he commemorated the 75th anniversary of D-Day in the United Kingdom and in France last week, and then as we all watched for progress in the tariff war Mr. Trump started with Mexico, the Department of Justice was quietly trying to persuade a federal judge in Chicago to abandon first principles with respect to citizenship and sentencing. Published June 12, 2019

Illustration by M. Ryder/Tribune Content Agency

Mueller stirs the pot

Last week, special counsel Robert Mueller — who had been appointed by the Department of Justice two years earlier to investigate the nature and extent of Russian attempts to influence the outcome of the 2016 presidential election and to determine, if those attempts did occur, whether the Russians had any willing American collaborators in the Trump campaign — came to the cameras and announced his resignation. Published June 5, 2019

In this Wednesday May 1, 2019 file photo, buildings are reflected in the window as WikiLeaks founder Julian Assange is taken from court, where he appeared on charges of jumping British bail seven years ago, in London. Swedish prosecutors plan to decide whether they will reopen a rape case against WikiLeaks founder Julian Assange. (AP Photo/Matt Dunham)

What happened to the freedom of speech?

When James Madison agreed be the scrivener at the Constitutional Convention during the summer of 1787, he could not have known that just three years later he'd be the chair of the House of Representatives committee whose task it was to draft the Bill of Rights. Published May 29, 2019

President Donald Trump delivers a statement in the Rose Garden of the White House, Wednesday, May 22, 2019, in Washington. (AP Photo/Evan Vucci)

To impeach or not to impeach

The revelation last weekend by Michigan Republican Congressman Justin Amash that he believes the Mueller report accuses President Donald Trump of impeachable offenses has ignited firestorms in both major political parties on Capitol Hill. Mr. Amash's argument is simple and essentially unassailable, though his fellow congressional Republicans don't want to hear it and Democrats don't know what to do with it. Published May 22, 2019

President Donald Trump waves upon arrival at the White House in Washington from a trip to Louisiana, Tuesday, May 14, 2019. (AP Photo/Manuel Balce Ceneta)

Once upon a time in America

There was a time in American history — nearly all of it up to the presidency of Woodrow Wilson — when the federal government followed basic constitutional norms. With some unique and discrete exceptions, like the Civil War, Congress wrote the laws, the president enforced them, whether he agreed with them or not, and the judiciary interpreted them and assessed their compatibility to the U.S. Constitution. This is the separation of powers. Published May 15, 2019

Barr Oath Illustration by Greg Groesch/The Washington Times

Did the attorney general deceive Congress?

William Barr, the attorney general of the United States, now faces a likely contempt citation for failing to comply with a congressional subpoena and for misleading Congress. Published May 8, 2019

Attorney General William Barr responds as he is asked a question from Sen. Richard Blumenthal, D-Conn., as he testifies before the Senate Judiciary Committee on Capitol Hill in Washington, Wednesday, May 1, 2019. (AP Photo/Susan Walsh)

Interfering with determining what Russia did

One should expect fireworks this week as Attorney General William Barr testifies before the Judiciary Committees of both the House and the Senate about the investigation and the report of special counsel Robert Mueller regarding Russian interference in the 2016 American presidential election. By now, most folks know that the interference was substantial but don't seem to care much. Published May 1, 2019

The Obstruction Charge Illustration by Greg Groesch/The Washington Times

Did the president obstruct justice?

When the Department of Justice designated Robert Mueller as special counsel to take over the FBI investigation of the Trump campaign in May 2017, Mr. Mueller's initial task was to determine if there had been a conspiracy — an illegal agreement — between the campaign and any Russians to receive anything of value. Published April 24, 2019