Judge Andrew Napolitano
What if the principal parties' candidates for president really agree more than they disagree?

What if they both support the authority of the federal government to spy on Americans without search warrants? What if they both support confining foreigners, uncharged and untried, in Guantanamo Bay? What if they both believe the president can arrest without charge and confine without trial any American he hates or fears?

What if they both believe in secret courts -- kept away from the public and the press -- that can take away the rights of Americans? What if they both think the president can disregard the Constitution when it comes to the rights of those the government has confined to speedy trials, to confront witnesses and evidence against them, and to counsel of their choosing? What if they both believe the government can use evidence obtained under torture at trials in American courts? What if they both think the president can incarcerate those he once prosecuted, even after acquittal?

What if both major presidential candidates believe they can fight any war, assassinate any foe or assault any country using the military or the CIA, and they need not ask Congress for a declaration of war as the Constitution requires, nor account to Congress or the public as the law requires? What if they both want American troops to remain in Afghanistan, even though no foreign country in history has successfully done so, and even though the culture in Afghanistan is as lawless, as vicious to women and children, and as harmless to America today as it was when President Bush invaded it in 2001?

What if they both think this costly and fruitless war -- the longest in American history -- is somehow good for American freedom and security, even though most Americans do not? What if they both refuse to understand that the longer we are killing people in foreign lands who can cause us no real harm the more likely will people from those lands come here and bring us real harm?

What if they both believe in adding to the government's $16 trillion debt and letting future generations deal with paying it back? What if they both want to have the feds spend more money next year than the feds are spending this year? What if they both accept FDR- and LBJ-style entitlements, even though they are nowhere authorized by the Constitution and there are not enough present-day workers to tax in order to pay for them?

What if President Obama wants to raise taxes by increasing some tax rates on the rich? What if Gov. Romney wants to raise taxes by eliminating some tax deductions available to the rich? What if raising taxes on anyone in a recession will cause higher unemployment?

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.