Andrew P. Napolitano

Can the government force us to eat broccoli?

Wait a minute. Didn't the Supreme Court already uphold Obamacare in 2012? Yes, it did. So why is the constitutionality of this legislation back before the Supreme Court?

September 30, 2020

For Justice Ginsburg, the Constitution unleashed the Court and government

Justice Ruth Bader Ginsburg tenacious advocacy for the rights of those she perceived as legally disadvantaged, combined with her outsized intellect, moved the vector of the court's direction as few justices have in history.

September 23, 2020

Gubernatorial orders regulating travel, work and assembly during pandemic ruled unconstitutional

A federal court in Pennsylvania this week has become the first in the nation to rule that the lockdown, social distancing and essential workplace regulations imposed by Gov. Tom Wolf are unconstitutional.

September 16, 2020

Should Americans believe Trump or The Atlantic?

I was appalled at the allegations against President Trump leveled in a recent article in The Atlantic. The article claimed that the president referred to American soldiers killed in World War I and buried in France as "losers" and "suckers."

September 9, 2020

Is Trump guilty of inciting violence?

All states have laws that prohibit assault and destruction of others' property. States and the federal government also have laws that prohibit bystanders from encouraging others to engage in violence.

September 2, 2020

Time for federal government to sell the Postal Service

The Postal Service is a grossly inefficient entity which could never survive were it not a monopoly.

August 26, 2020

From the streets of Portland to the NSA, U.S. government spying on everyone proceeds unabated

During this summer of madness in Portland, Oregon, and sadness over COVID-19, two below-the-radar events occurred implicating the insatiable appetite of U.S. government to spy on everyone in America.

August 19, 2020

Trump’s unconstitutional executive orders: Only Congress can spend federal monies

The Treasury cannot legally borrow or spend a nickel unless it has been expressly authorized to do so by law -- meaning by legislation enacted by Congress.

August 12, 2020

Portland demonstrates that government spying on citizens has become commonplace, and easy

The government spies routinely on Americans today -- so much so that the revelation of it ceases to shock.

August 5, 2020

Federal government materially interfering with lawful dissent in Portland

The U.S. Constitution and federal law prohibit the introduction of the military into domestic law enforcement unless requested by the state legislature or the governor. Both the Portland mayor and the Oregon governor have asked the feds to go home.

July 29, 2020

How totalitarianism begins in the U.S.

The feds' activities are unconstitutional because they are using government force to arrest people without probable cause or arrest warrants. There is no legal basis for these "arrests," as they have not charged anyone.

July 22, 2020

A brief history of the freedom of speech in America

As the framers understood, all persons have a natural right to think as we wish and to say and publish whatever we think. Even hateful, hurtful and harmful speech is protected speech.

July 15, 2020

America’s tyrants and anarchists squeeze personal liberties in a vise

This summer in America, we are approaching the end of a civilized and free society as we have known it.

July 8, 2020

Revolutionary spirit of individual liberty with minimal government embraced America in 1776

Are all men created equal or are they not? Does the government have our consent or does it not? Are our liberties natural to our existence or are they not?

July 1, 2020

Tearing down statues risks rewriting American history and forgetting its slavery roots

I am amazed at the efforts around the country to remove and destroy painful mementos of our history. When a statue is erected to a historical figure, the erection is a statement about the balance of the person's life worth. It is not a claim of perfection.

June 24, 2020

Tyrannical governors ignore Constitution’s protection of religious freedom

Here is a pop quiz on the U.S. Constitution. What is the first freedom protected by the Bill of Rights? The first protected freedom is religion. The tyrannical behavior of many state governors has ignored this.

June 17, 2020

Don’t go to work, don’t go to church and don’t gather, unless the government approves

Today, we are the government's prisoners. Wear your mask. Stay at home. Don't go to work. Don't open your business. Don't go to church.

June 10, 2020

America is under attack from three deadly viruses: COVID-19, hubris and racism

The late historian Chalmers Johnson observed that if we fail to eliminate racism and hubris in the government, we will pay dearly.

June 3, 2020

The government has no right to determine what goods, services or venues are essential

Some of us are willing to take chances and even do "nonessential" things. The essence of the freedoms for which we have fought since 1776 is the liberty to be ourselves.

May 27, 2020

What if the U.S. government has it all wrong about the COVID-19 pandemic?

What if the government has it wrong -- on the medicine and the law? What if face masks can't stop the COVID-19 virus? What if quarantining the healthy makes no medical sense? What if staying at home for months reduces immunity?

May 20, 2020