A graduate of Princeton University and the University of Notre Dame Law School, Judge Andrew P. Napolitano is the youngest life-tenured Superior Court judge in the history of the State of New Jersey. He sat on the bench from 1987 to 1995, during which time he presided over 150 jury trials and thousands of motions, sentencings and hearings. He taught constitutional law at Seton Hall Law School for 11 years, and he returned to private practice in 1995. Judge Napolitano began television work in the same year.
As Fox News’ Senior Judicial Analyst, Judge Napolitano broadcasts nationwide on the Fox News Channel and the Fox Business Network throughout the day, Monday through Friday. He hosts “FreedomWatch” on Fox Business Network seven days a week.
Judge Napolitano also lectures nationally on the U.S. Constitution, the rule of law, civil liberties in wartime, and human freedom. He has been published in The New York Times, The Wall Street Journal, The Los Angeles Times, and numerous other publications.
The Judge is the author of five books on the U.S. Constitution, including his most recent bestseller, "Lies the Government Told You: Myth, Power, and Deception In American History."
President Obama's request for express congressional authorization for a limited aerial invasion of Syria raises profound legal and constitutional questions. For starters, there is simply no legal basis in international law to support an American invasion of Syria.
In all the noise caused by the Obama administration's direct assault on the right of every person to keep and bear arms, the essence of the issue has been drowned out.
Here is an uncomfortable pop quiz: Who has killed more children, Adam Lanza or Barack Obama? We'll hold off on the answer for a few paragraphs while we look at the state of governmental excess -- including killing -- in America. But you can probably guess the correct answer from the manner in which I have posed the question.
As readers of this column and viewers of Fox News Channel may know, I have not hesitated to criticize Gov. Mitt Romney's presidential campaign and the governor himself. I have argued that his message is muddled and his values are unknown beyond his ardent wish to improve economic conditions through the use of free market mechanisms rather than central economic planning, a position with which I agree entirely.
What if the principal parties' candidates for president really agree more than they disagree?
The criticisms of the recent absurd comments by Missouri Republican Congressman Todd Akin, who at this writing is his party's nominee to take on incumbent Missouri Democratic Sen. Claire McCaskill in November in a contest he had been expected to win, have focused on his clearly erroneous understanding of the human female anatomy.
We are in terrible straits this presidential election. We have a choice between a president who has posed more of a danger to personal freedom than any in the past 150 years and a Republican team that wants to return to Bush-style big government.
Gazillions. That's the number of times the federal government has spied on Americans since 9/11 through the use of drones, legal search warrants, illegal search warrants, federal agent-written search warrants and just plain government spying. This is according to Sen. Rand Paul, R-Ky., who, when he asked the government to tell him what it was doing to violate our privacy, was given a classified briefing. The senator -- one of just a few in the U.S. Senate who believes that the Constitution means what it says -- was required by federal law to agree not to reveal what spies and bureaucrats told him during the briefing.
The greatest distinguishing factor between countries in which there is some freedom and those where authoritarian governments manage personal behavior is the Rule of Law. The idea that the very laws that the government is charged with enforcing could restrain the government itself is uniquely Western and was accepted with near unanimity at the time of the creation of the American Republic.
Presently in America, nearly half of all households receive either a salary or substantial benefits from the government. Presently in America, nearly half of all adults pay no federal income taxes. Presently in America, the half that pay no income taxes receive the bulk of their income courtesy of the government, but ultimately from the half that do.
Of the 17 lawyers who have served as chief justice of the United States, John Marshall -- the fourth chief justice -- has come to be known as the "Great Chief Justice." The folks who have given him that title are the progressives who have largely written the history we are taught in government schools. They revere him because he is the intellectual progenitor of federal power.
When the Obama administration decided that it had no interest in preventing the movement of undocumented aliens from Mexico into the southwest United States, the State of Arizona decided to take matters into its own hands. Based on a novel theory of constitutional law, namely, that if a state is unhappy with the manner in which federal law is being enforced or not being enforced, it can step into the shoes of the feds and enforce federal law as it wishes the feds would, it enacted legislation to accomplish that.
Here we go again. Is the Constitution merely a guideline to be consulted by those it purports to regulate, or is it really the supreme law of the land? If it is just a guideline, then it is meaningless, as it only will be followed by those in government when it is not an obstacle to their purposes.
If you are still listening to those in the political class who are falling over each other to condemn leaks from the government to the media, you'd think the leaks had revealed private information in which the public has no legitimate interest, or perhaps a planned secret government mission to rescue innocents. Neither is the case.
For the past few weeks, I have been writing in this column about the government's use of drones and challenging their constitutionality on Fox News Channel where I work. I once asked on air what Thomas Jefferson would have done if -- had drones existed at the time -- King George III had sent drones to peer inside the bedroom windows of Monticello.
Two Times journalists, Jo Becker and Scott Shane, painstakingly and chillingly reported that the former lecturer in constitutional law and liberal senator who railed against torture and Gitmo now weekly reviews a secret kill list, personally decides who should be killed and then dispatches killers all over the world -- and some of his killers have killed Americans.
What if Memorial Day reminds us of times when we had more freedom? What if freedom is dying right under our eyes? What if the memory of the past is more fulfilling than the reality of the present?
Earlier this week, the federal government announced that the Air Force might be dispatching drones to a backyard near you.
The trial of the alleged masterminds of 9/11, which began last week at the U.S. Naval Base in Guantanamo Bay, Cuba, will address some of the most profound issues of our era.
Did you know that the United States government is using drones to kill innocent people in Pakistan? Did you know that the Pakistani government has asked President Obama to stop it and he won't? Did you know that Pakistan is a sovereign country that has nuclear weapons and is an American ally?
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