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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

Illustration on the continued erosion of liberty under the Freedom Act by Linas Garsys/The Washington Times

Rand and Ted on the Fourth Amendment

A decision last week about National Security Agency spying by a panel of judges on the United States Court of Appeals in New York City sent shock waves through the government. The court ruled that a section of the Patriot Act that is due to expire at the end of this month and on which the government has relied as a basis for its bulk acquisition of telephone data during the past 14 years does not authorize that acquisition. Published May 13, 2015

The Fourth Amendment (Illustration by Greg Groesch/The Washington Times

'Restore the Fourth'

If you plan to visit a college campus this month, don't be surprised if you see signs and placards encouraging you to "Restore the Fourth." It is not about an athletic event or a holiday; it is about human freedom. The reference to "the Fourth" is to the Fourth Amendment, and it is badly in need of restoration. Published May 6, 2015

Illegal drone killings illustration by Greg Groesch/The Washington Times

The tyranny of one man’s opinion

Thomas Cromwell was the principal behind-the-scenes fixer for much of the reign of King Henry VIII. He engineered the interrogations, convictions and executions of many whom Henry needed out of the way, including his two predecessors as fixer and even the king's second wife, Queen Anne. Published April 29, 2015

Illustration on criminal abuses within the FBI by Greg Groesch/The Washington Times

For the FBI, tapping phones and shredding the Constitution are all in a day's work

Does the FBI manifest fidelity, bravery and integrity, or does it cut constitutional corners in order to incriminate? Can the FBI cut the cable television lines to your house and then show up pretending to be the cable guy and install listening devices? Can FBI agents and technicians testify falsely and cause the innocent to be convicted, incarcerated and, in some cases, executed? Published April 22, 2015

Illustration on Obama's killing of Americans without due process by Alexander Hunter/The Washington Times

Can the president kill Americans?

Can the president kill you? The short answer is: yes, but not legally. Yet, President Obama has established a secret process that involves officials from the departments of Justice and Defense, the CIA, and the White House senior staff whereby candidates are proposed for execution, and the collective wisdom of the officials then recommends execution to the president, who then accepts or rejects the recommendation. Published April 15, 2015

Illustration on the redundancy of the Indiana RFRA law by Alexander Hunter/The Washington Times

Shooting themselves in the feet

The turmoil over the efforts by the state of Indiana to make lawful the decisions by operators of public accommodations to decline their services based on their stated religious views has died down. The legislature amended the offending parts of its legislation so that the new law prohibits denying services based on sexual orientation, yet its affirmations of religious liberty are meaningless. Published April 8, 2015

Illustration on Hillary Clinton's email scandal by Donna Grethen/Tribune Content Agency

What if Hillary Clinton doesn’t care?

What if Hillary Clinton's emails were hacked by foreign agents when she was the secretary of state? What if persons claiming to have done so are boasting about their alleged feats on Internet websites and in chat rooms traditionally associated with illegal or undercover activities? What if this is the sore underbelly of an arrogant and lawless secretary of state who used her power to exempt herself from laws that govern executive branch employees and didn't care about national security? Published March 18, 2015

President-elect Barack Obama (left) stands with Sen. Hillary Rodham Clinton, D-N.Y., after announcing that she is his choice as Secretary of State during a news conference in Chicago on Dec. 1, 2008. (Associated Press) **FILE**

Obama and the Clinton emails

Hillary Rodham Clinton, the former first lady, U.S. senator from New York and secretary of state, used a private email server for all of her emails when she was President Obama's secretary of state from 2009 to 2013. Published March 11, 2015

Obama Power Grab Illustration by Greg Groesch/The Washington Times

Obama ignores constitutional limits of presidential power

Can the president rewrite federal laws? Can he alter their meaning? Can he change their effect? These are legitimate questions in an era in which we have an unpopular progressive Democratic president who has boasted that he can govern without Congress by using his phone and his pen, and a mostly newly elected, largely conservative Republican Congress with its own ideas about big government. Published March 4, 2015

Illustration on the cumulative dismantling of the Fourth Amendment by the U.S. government by Alexander Hunter/The Washington Times

What if the government fears freedom?

What if the current massive spying on Americans began with an innocent secret executive order signed by President Reagan in 1986? What if Reagan contemplated that he was only authorizing American spies to spy on foreign spies unlawfully present in the United States? Published February 25, 2015

Jon Stewart

Jon Stewart: A singular comedic genius with a three-legged dog

About six years ago, one of my producers at the Fox News Channel received a call out of the blue in which the caller asked if I'd be interested in coming on "The Colbert Report." At the time, I was generally unfamiliar with the genre of late-night comedy because I am usually in dreamland when it airs. Published February 18, 2015

Government Spying Destroys Constitution Illustration by Greg Groesch/The Washington Times

A worthless piece of paper

President George W. Bush was fond of saying that "9/11 changed everything." He used that one-liner often as a purported moral basis to justify the radical restructuring of federal law and the federal assault on personal liberties over which he presided. He cast aside his oath to preserve, protect and defend the Constitution; he rejected his oath to enforce all federal laws faithfully; and he moved the government decidedly in the direction of secret laws, secret procedures and secret courts. Published February 11, 2015

Illustration on government domain over our persons and vaccination by Alexander Hunter/The Washington Times

To vaccinate or not to vaccinate?

New Jersey Gov. Chris Christie unwittingly ignited a firestorm earlier this week when he responded to a reporter's question in Great Britain about forced vaccinations of children in New Jersey by suggesting that the law in the United States needs to balance the rights of parents against the government's duty to maintain standards of public health. Published February 4, 2015

Illustration on the failed policy of enemy combatant internment by Alexander Hunter/The Washington Times

The al-Marri enigma

Ali Saleh al-Marri is a convicted conspirator who entered the United States before Sept. 11, 2001, in order to create a dreaded sleeper cell here that might someday launch an attack on Americans similar to what we witnessed earlier this month in Paris. When the feds woke from their slumber on Sept. 11, they wisely began to search immigration records for persons who came here with no discernible purpose from places known to spawn terrorist groups and who had overstayed their visas. Al-Marri was one such person. Published January 28, 2015

If you peered into your neighbor's bedroom with a high-tech device, you'd be prosecuted or sued.  MANDATORY CREDIT; MAGS OUT; TV OUT; INTERNET USE BY AP MEMBERS ONLY; NO SALES

Who will keep our freedoms safe?

While the Western world was watching and grieving over the slaughter in Paris last week, and my colleagues in the media were fomenting a meaningless debate about whether President Obama should have gone to Paris to participate in a televised parade, the feds took advantage of that diversion to reveal even more incursions into our liberties than we had known about. Published January 21, 2015

Illustration on French "free speech" by Alexander Hunter/The Washington Times

What freedom of speech?

The photos of 40 of the world's government leaders marching arm-in-arm along a Paris boulevard on Sunday with the president of the United States not among them was a provocative image that has fomented much debate. The march was, of course, in direct response to the murderous attacks on workers at the French satirical magazine Charlie Hebdo by a pair of brothers named Kouachi, and on shoppers at a Paris kosher supermarket by one of the brothers' comrades. Published January 14, 2015

Lamenting liberty lost

A British author, residing in the United States for the past 30 years, created a small firestorm earlier this week with his candid observations that modern-day Americans have been duped by the government into accepting a European-style march toward socialism because we fail to appreciate the rich legacy of personal liberty that is everyone's birthright and is expressly articulated in the Declaration of Independence and guaranteed by the U.S. Constitution. Published January 7, 2015

Illustration on Congress' continuing resolution provisions eroding Constitutional liberties by Alexandr Hunter/The Washington Times

President and Congress are heedless to the limits of their power

When the government is waving at us with its right hand, so to speak, it is the government's left hand that we should be watching. Just as a magician draws your attention to what he wants you to see so you will not observe how his trick is performed, last week presented a textbook example of public disputes masking hidden deceptions. Here is what happened. Published December 17, 2014