Judge Andrew Napolitano

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?

What if the federal government could write any law, regulate any behavior and tax any event, no matter what the Constitution authorized? What if the majority in Congress rejects the idea of limited government and views the Constitution as granting it blanket power to do whatever it can get away with? What if the constitutional prohibition on the government's taking of life, liberty or property without due process of law is only for show and is not for real?

What if the House of Representatives seriously considered letting the military lock up whatever Americans the president ordered the troops to arrest, without charges filed or lawyers present or a judge presiding? What if the House seriously debated this idea of indefinite military detention of Americans in America and actually voted in favor of it? What if this unconstitutional monstrosity becomes the law and your right to due process depends on whether you remain with the majority, stay silent or behave properly? What if the Constitution's guarantees are not guarantees at all, but are subject to the whims of whoever is in power?

What if the Declaration of Independence, which articulated the moral authority for the revolution against Great Britain, recognized that our rights come from our Creator and are inalienable? What if very few in government recognize the divine origin of human freedom and its natural integrity to our humanity?

What if the government only permitted freedom so long as it was exercised as the government pleases? What if the government rejected the basic values of every person's right to life and liberty and property in favor of some collective good, where the government could arrest you without evidence, ration your freedom to suit the general welfare and take your property from you and sell it at a profit?

What if the government could hire thugs to keep you safe? What if it gave the thugs uniforms and badges and sent them to airports? What if it gave them rubber gloves to wear and told them they could touch you and your children and your parents however and wherever they wished? What if these thugs touched the private parts of little babies and old ladies and intentionally restrained those who have criticized them while the rest of us just watched and let this happen?


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.