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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

Can Congress ban TikTok?

Congress now wants to give the president of the United States the lawful power to suppress websites he thinks are spying on their users or permitting foreign governments to influence what Americans see on the sites.

March 20, 2024

My dinner with Pope Francis: Examining the philosophy of St. Thomas Aquinas

I spent last week living and studying at the Vatican as a guest lecturer at the Pontifical Academy of Social Sciences, or PASS.

March 13, 2024

Governments do not take rights seriously

The world is filled with self-evident truths -- truisms -- that philosophers, lawyers and judges know need not be proven.

March 6, 2024

Torturers undermine the values upon which the Constitution is based

As the pretrial hearings in the case of Khalid Shaikh Mohammed and others charged with masterminding the Sept. 11 attacks proceed, the government continues to stumble with its own witnesses.

February 28, 2024

New York state can’t say how it was harmed by Trump’s commercial loans

Last week, a New York court ordered the Trump Organization and its principals to forfeit nearly $400 million to the state government. It was government theft at its worst.

February 21, 2024

America is at war with itself and abroad

When the German philosopher Friedrich Nietzsche proclaimed that God was dead, he didn't mean it literally, as that would have been impossible.

February 14, 2024

Government regulation of free speech in a Big Tech world

Can the government prevent Big Tech from censoring political and cultural voices on their platforms?

February 7, 2024

Feds are buying our text messages and email

en. Ron Wyden, Oregon Democrat, revealed that the National Security Agency has been buying huge caches of Americans' text messages and email from Big Tech.

January 31, 2024

Government by experts: The monstrosity called the Chevron doctrine

I have often thought that after Abraham Lincoln, Woodrow Wilson was our worst president. By worst, I mean least faithful to the Constitution and most destructive of personal liberty.

January 24, 2024

Under the Constitution, only Congress can declare war on a nation or group

Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional and legal requirements that must first be met before war is waged?

January 17, 2024

Milk and the police state

Last week, in Lancaster County, Pennsylvania, state troopers and investigators executed a search warrant on the farm of Amos Miller. Mr. Miller has been producing fresh unadulterated dairy products for 40 years.

January 10, 2024

Nikki Haley, the American Civil War and intellectual honesty

When Republican presidential candidate Nikki Haley answered a question last week in which she stated that the American Civil War was fought over "government," "rights" and "freedoms," she was correct.

January 3, 2024

Office pool 2025: A quiz predicting the future

In January 2025, Donald Trump will be (a) In federal prison, (b) preparing to be inaugurated president, (c) fuming in his bedroom at Mar-a-Lago over his second loss to Joe Biden, (d) none of the above.

December 27, 2023

What if Christmas is real? The story of Jesus

What if Christmas is a core belief in the birth of Jesus Christ, who lived among us and many times offered a freely given promise of eternal life that no believer should reject or apologize for?

December 20, 2023

In defense of free speech and free silence

When Thomas Jefferson wrote the Declaration of Independence, he included in it a list of the colonists' grievances with the British government.

December 13, 2023

American hubris: Disastrous consequences of U.S. occupation of Afghanistan linger to this day

The debacle of the nearly 20-year U.S. occupation of Afghanistan continues in President Biden's America today.

December 6, 2023

Hey, Mike Johnson, that’s the Constitution you’re trashing

The right to privacy -- to be left alone, to engage in behavior and communications immune from government regulation or surveillance, to be yourself -- is a fundamental human right.

November 29, 2023

An unhappy Thanksgiving

What if the government's true goal is to perpetuate its own power? What if the real levers of governmental power are pulled by agents and diplomats and by bureaucrats and central bankers behind the scenes?

November 22, 2023

Whatever happened to freedom of speech?

Here is a pop quiz: If the states ratified an amendment to the Constitution repealing the First Amendment, would we still enjoy the freedom of speech?

November 15, 2023