Judge Andrew Napolitano

I suspect that most people accept the natural law. We have even seen people in the government claim to accept it. Yet almost as soon as they take the oath to uphold these values, they start rejecting them. In the Patriot Act, for example, Congress made it a crime to reveal that the feds came calling on you with a search warrant in which a federal agent authorized himself to search records that you might have. This, of course, not only violates the Fourth Amendment, which stipulates that only judges may authorize searches, but it also violates the First Amendment because it punishes speech.

This week, Congress is wrestling with more proposals that violate the natural law. One of our fundamental natural rights is the right to be free from government restraint, absent a proven case of criminal behavior. This, too, was articulated by the framers when they wrote in the Fifth Amendment: "No person shall be ... deprived of life, liberty, or property without due process of law." This recognizes the right to be free from restraint by the government, unless the government, utilizing due process, can make a case against you. That means a fair trial in your presence, with lawyers defending you and jurors deciding your case under the guidance of a neutral judge.

Yet, your representatives in Congress are about to authorize the president to violate your natural rights by enacting legislation that would permit him to use the military to arrest Americans and restrain them without due process. Even King George III, against whose armies the colonists fought for freedom, did not have the power to do that. And, just because Congress votes to make these acts of tyranny legal does not mean they are constitutional. The Constitution is a higher law than anything Congress can write; and all that Congress writes must conform to it.

Since the Constitution was written to keep the government from violating our natural rights, what can you do when the very government we have hired to protect those rights is violating them? If you live in Iowa or New Hampshire, you can vote for the only Republican candidate running for president who believes that the Constitution means what it says. You know who he is.

Judge Andrew Napolitano

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.