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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

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

Illustration on the meaning of Easter and the American ideal of freedom by Alexander Hunter/The Washington Times

Hope for the dead

When America was in its infancy and struggling to find a culture and frustrated at governance from Great Britain, the word most frequently uttered in pamphlets and editorials and sermons was not "safety" or "taxes" or "peace"; it was "freedom." And two intolerable acts of Parliament assaulting freedom broke the bonds with the mother country irreparably, precipitating the Revolution. Published April 17, 2019

The letter from Attorney General William Barr to Congress on the conclusions reached by special counsel Robert Mueller in the Russia probe photographed on Sunday, March 24, 2019. (AP Photo/Jon Elswick)

'Who will see the full Mueller report?'

When Attorney General William Barr released his four-page assessment of Special Counsel Robert Mueller's 400-page report, I was disappointed at many of my colleagues who immediately jumped on board the "no collusion" and "no obstruction" and "presidential exoneration" bandwagons. Published April 10, 2019

Three Legs Left Illustration by Greg Groesch/The Washington Times

'Is the Affordable Care Act unconstitutional?'

Here we go again. The legal battle over the constitutionality of the Affordable Care Act -- Obamacare -- will soon be back in court due to the largely unexpected consequences of a series of recent events. Published April 3, 2019

Attorney General William Barr leaves his home in McLean, Va., on Sunday morning, March 24, 2019. Barr is preparing a summary of the findings of the special counsel investigating Russian election interference.  The release of Barr's summary of the report's main conclusions is expected sometime Sunday. (AP Photo/Sait Serkan Gurbuz)

Beyond the Barr revelation

Last Sunday afternoon, U.S. Attorney General William Barr released a letter, which he said summarized the report he had received from special counsel Robert Mueller about alleged crimes committed by President Donald Trump. Published March 27, 2019

Former President Richard Nixon. (Associated Press) ** FILE **

Can the president legally break the law?

Legal scholars have been fascinated for two centuries about whether an American president can break the law and remain immune from prosecution. During the Civil War, Abraham Lincoln ordered troops to arrest, without warrant, and incarcerate, without due process, many peaceful, law-abiding journalists and newspaper editors -- and even a member of Congress -- in the Northern states. Wasn't that kidnapping? Published March 20, 2019

United States Capitol building (Shutterstock)

Can Congress amend the Constitution?

"Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The U.S. Constitution was adopted in a period of grave emergency. Its grants of power to the federal government and its limitations of the power of the States were determined in the light of emergency, and they are not altered by emergency." — Chief Justice Charles Evans Hughes (1862-1948) Published March 13, 2019

President Donald Trump gestures as he speaks to the National Association of Attorneys General, Monday, March 4, 2019, in the State Dining Room of the White House in Washington. (AP Photo/Jacquelyn Martin)

President Trump's bad week

In an ideal world, the president of the United States would succeed in negotiating a nuclear arms treaty with a foreign government. Published March 6, 2019

Illustration on the emergency powers of the President by Alexander Hunter/The Washington Times

'Gun violence is the real emergency'

Earlier this week, House Speaker Nancy Pelosi told a group of supporters and journalists that in her view, gun violence is the real emergency. Such a statement, in the context in which she made it, should send shivers down the spines of all who believe in personal liberty protected by the U.S. Constitution. Published February 27, 2019

President Donald Trump pauses during a signing event for "Space Policy Directive 4" in the Oval Office of the White House, Tuesday, Feb. 19, 2019, in Washington. (AP Photo/ Evan Vucci)

Trump's brazen unconstitutional overreach

Last week, President Donald Trump followed through on a threat he had been making for months. It was not a blistering or insulting tweet. It was not an attack on the press or congressional Democrats. It was an attack on the U.S. Constitution. Published February 20, 2019

The Silence of the Nondisclosure Agreement Illustration by Greg Groesch/The Washington Times

The president and chilling free speech

While the public discourse has been consumed over the realization that abortion physicians actually let viable babies who survive late-term abortions die — as well as whether President Donald Trump or House Speaker Nancy Pelosi will blink first over the issue of congressional authorization for building a wall at the country's southern border, to say nothing of the race-and-sex-infused mess at the top of the government in Virginia — a profound free speech issue has been bubbling below the radar. Published February 13, 2019

FILE - In this Feb. 2, 2019 file photo, Virginia Gov. Ralph Northam speaks during a news conference in the Governor's Mansion in Richmond, Va.  Northam clung to his office Tuesday, Feb. 5, amid intense political fallout over a racist photo in his 1984 medical school yearbook and uncertainty about the future of the state's government. (AP Photo/Steve Helber, File)

Abortion and the right to stay alive

Much has been made lately of language in a recently enacted New York state statute that permits abortion up to the time of birth if necessary to preserve the life or health of the mother. New Jersey has had the same provision for two generations via a regulation of the Board of Medical Examiners. Published February 6, 2019

Illustration on the Stone arrest by Linas Garsys/The Washington Times

An American nightmare

Last Friday, on a quiet residential street at 6 in the morning, the neighborhood exploded in light, noise and terror. Seventeen SUVs and two armored vehicles arrived in front of one house. Each vehicle had sirens blaring and lights flashing. The house, which abutted a canal, was soon surrounded by 29 government agents, each wearing military garb, each carrying a handgun and most carrying high-powered automatic rifles. Published January 30, 2019

Convicted of Lying Illustration by Greg Groesch/The Washington Times

More self-inflicted presidential legal woes

Last week, the investigative arm of BuzzFeed sparked a media frenzy with a report claiming that two federal law enforcement sources had informed its reporters that Michael Cohen, President Donald Trump's former lawyer and confidant, had told special counsel Robert Mueller that Mr. Trump counseled him to lie to Congress about the status of Mr. Trump's attempts to build Trump Tower Moscow. Published January 23, 2019

Illustration on the FBI and investigating the President by Alexander Hunter/The Washington Times

Can the FBI investigate the president?

Last weekend, The New York Times reported that senior FBI officials were so concerned about whatever President Donald Trump's true motivation for firing FBI Director James Comey was that they immediately initiated a counterintelligence investigation of the president himself. Published January 16, 2019

The Trump Reality Fence Illustration by Greg Groesch/The Washington Times

'Can the president alone build a border wall?'

When Donald Trump was looking for a catchy phrase during his 2016 presidential campaign to address the issue of immigrants entering the United States unlawfully — a line that would resonate with his supporters — he came up with the phrase "build the wall." The reference, of course, is to what Mr. Trump advertised would be a 30-foot-tall, thousand-mile-long Mexico-financed physical wall along our border with Mexico. Published January 9, 2019