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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

State secrets undermine due process: First, Fifth and Sixth amendments violated

In a public courtroom in the United States in which a high-level criminal case is being tried, the prosecutors are permitted to press a buzzer on their table in the midst of an argument to the court by defense counsel.

June 7, 2023

Government attacks free will when it assaults property rights

Last week, the Supreme Court, in a surprising display of unanimity, upheld the traditional values underlying property rights when it prevented the Environmental Protection Agency from regulating mud puddles.

May 31, 2023

FISA Court’s warrants are lawful but profoundly unconstitutional

In response to President Richard Nixon's unlawful use of the FBI and the CIA to spy on his domestic political opponents in the early 1970s, Congress enacted the Foreign Intelligence Surveillance Act. It limits all domestic surveillance not for law enforcement purposes to the procedures set forth in the act.

May 24, 2023

The feds and their Big Tech copycats spy on unsuspecting Americans

The federal government recently revealed that at least 50 U.S. government personnel working in 10 foreign countries have had their mobile devices hacked by unknown parties that employed software known as "zero-click."

May 17, 2023

The Constitution, Congress and government debt

What would you do if you were driving a vehicle and came upon a traffic light that had both red and green lights on?

May 10, 2023

Constitution might as well be abandoned if amendments are not upheld

Last week, FBI officials boasted that in 2022, their agents had spied on only 120,000 Americans without search warrants. Under the Constitution, that number should be zero.

May 3, 2023

Bush created a moral monstrosity in Afghanistan, and Biden is replicating it in Ukraine

The empire-building debacle of the nearly 20-year U.S. occupation of Afghanistan is a lesson unlearned by the government.

April 26, 2023

Criminal or hero?: Secrecy vs. Jack Teixeira’s truth

The arrest last week of 21-year-old Air National Guardsman Jack Teixeira on charges of espionage has sparked a debate in the intelligence community about whether his behavior is criminal or heroic.

April 19, 2023

The Pentagon Papers, again

Does the government work for us, or do we work for the government?

April 12, 2023

Taking Easter seriously: Freedom is essential means to unite with truth

When American colonists were oppressed by British governance, the word most frequently uttered in pamphlets, editorials and sermons was not "safety" or "taxes"; it was "freedom."

April 5, 2023

Trump’s antics could get him locked up at Manhattan arraignment

After processing what he heard on cable television, former President Donald Trump publicly announced two weeks ago that he would be arrested by the New York Police Department.

March 29, 2023

Federal bank bailout: What happens when firefighters are the arsonists?

In the past week, two top 20 American banks have failed. A bank failure occurs when government regulators determine that the current and likely demand for a return of deposits cannot be met.

March 22, 2023

Defending Jan. 6 defendants: What happens when government breaks its own laws?

Five members of the Proud Boys are on trial for sedition in federal court in Washington. Sedition is a conspiracy to overthrow the federal government by the use of force.

March 15, 2023

Spying in plain sight: Section 702 of FISA shouldn’t be reauthorized

Last week, the Biden administration asked Congress to permit its agents to continue to spy on Americans without a search warrant.

March 8, 2023

Enemies of all mankind: U.S. government’s torture regime

In a federal courtroom at the U.S. naval base at Guantanamo Bay, Cuba, an American physician hired by the Pentagon testified about the CIA's use of rectal "feeding" tubes on prisoners it detained and tortured.

March 1, 2023

Biden’s reckless, illegal and unconstitutional war in Ukraine

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?

February 22, 2023

What is Biden’s goal in Russia-Ukraine war?

Which is more destructive to personal liberty: a government that engages in secret acts of war, or a public and news media that are indifferent to it?

February 15, 2023

Fake money and borrowed time: A political system incapable of living within its means

In December 1776, just five months after the Declaration of Independence had been signed and a year and a half into the Revolutionary War, Thomas Paine sensed desperation throughout the colonies.

February 8, 2023