Judge Andrew Napolitano

When liberty and safety clash, do we really expect the government to balance those values? Of course not. The government cannot be trusted to restrain itself in the face of individual choices to pursue happiness. That's why we have a Constitution and a life-tenured judiciary: to protect the minority from the liberty-stealing impulses of the majority. And that's why the Air Force memo has its priorities reversed -- intelligence gathering first, protecting freedom second -- and the mechanism of reconciling the two -- balancing them -- constitutionally incorrect.

Everyone who works for the government swears to uphold the Constitution. It was written to define and restrain the government. According to the Declaration of Independence, the government's powers come from the consent of the governed. The government in America was not created by a powerful king reluctantly granting liberty to his subjects. It was created by free people willingly granting limited power to their government -- and retaining that which they did not delegate.

The Declaration also defines our liberties as coming from our Creator, as integral to our humanity and as inseparable from us, unless we give them up by violating someone else's liberties. Hence the Jeffersonian and constitutional beef with the word "balancing" when it comes to government power versus individual liberty.

The Judeo-Christian and constitutionally mandated relationship between government power and individual liberty is not balance. It is bias -- a bias in favor of liberty. All presumptions should favor the natural rights of individuals, not the delegated and seized powers of the government. Individual liberty, not government power, is the default position because persons are immortal and created in God's image, and governments are temporary and based on force.

Hence my outrage at the coming use of drones -- some as small as golf balls -- to watch us, to listen to us and to record us. Did you consent to the government having that power? Did you consent to the American military spying on Americans in America? I don't know a single person who has, but I know only a few who are complaining.

If we remain silent when our popularly elected government violates the laws it has sworn to uphold and steals the freedoms we elected it to protect, we will have only ourselves to blame when Big Brother is everywhere. Somehow, I doubt my father's generation fought the Nazis in World War II only to permit a totalitarian government to flourish here.

Is President Obama prepared to defend this? Is Gov. Romney prepared to challenge it? Are you prepared for its consequences?


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.