Judge Andrew Napolitano

What if Congress believes that it can spend tax dollars on anything it pleases and tie any strings it wants to that spending? What if Congress uses its taxing and spending power to regulate anything it wants to control, whether authorized by the Constitution or not? What if anyone other than members of Congress offered state legislatures cash in return for favorable legislation? What if Congress wrote laws that let it break laws that ordinary people would be prosecuted for breaking?

What if the Declaration of Independence says that the government derives its powers from the consent of the governed? What if the government claims to derive powers from some other source that it will not -- because it cannot -- name? What if we never gave the government the power to spy on us, to print worthless cash, to kill in our names, to force us to buy health insurance or to waste our money by telling us that exercise is good and sugar is bad?

What if we never gave the government the power to bribe the poor with welfare or the middle class with tax breaks or the rich with bailouts or the states with cash? What if we don't consent to what has become of the government? What if the Constitution has been tacitly amended by the consent of both political parties, whereby instead of ratifying amendments, all three branches of government merely look the other way when the government violates the Constitution? What if the president cannot constitutionally bomb whatever country he wants? What if the Congress cannot constitutionally exempt its members from the laws that govern the rest of us? What if the courts cannot constitutionally invent a right to kill babies in the womb?

What if the federal government is out of control, no matter which party controls it? What if there is only harmony on Capitol Hill when government is growing and personal liberty is shrinking? What if the presidential race this fall will not be between good and evil, between right and left, between free markets and central planning or even between constitutional government and Big Government; but only about how much bigger Big Government should get?

What if enough is enough? What do we do about it? What if it's too late?


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.