Andrew P. Napolitano
Articles by Andrew P. Napolitano
Can the president tax you?
This week, the Supreme Court will begin the process of deciding whether the president can impose a sales tax on products and services originating in foreign countries and purchased in the U.S. Published November 5, 2025
Small-town sheriff tramples constitutional freedoms in Tennessee
In the aftermath of the murder of Charlie Kirk, many folks who dared to express views of him and his work outside the mainstream lost their jobs, professional standing and State Department visas. Published October 29, 2025
Trump’s use of force on the high seas tests the limits of presidential power
President Trump's use of the U.S. military to kill people on speedboats in international waters or in territorial waters claimed by other sovereign nations has posed grave issues of due process. Published October 22, 2025
A U.S. Constitution of no authority
What if the whole purpose of the Constitution was to establish and to limit the federal government? Published October 15, 2025
Is Trump’s targeting of ‘narco-terrorists’ in the Caribbean legal?
Over the past six weeks, President Trump has ordered U.S. troops to attack and destroy four speedboats in the Caribbean Sea, 1,500 miles from the United States. Published October 8, 2025
Trump challenges the constitutional balance with federal policing push
President Trump quietly signed a national security presidential memorandum purporting to federalize policing. Published October 1, 2025
Hate speech does not exist in law, only in the minds of bureaucrats
In two cases, the Supreme Court ruled that there is no such thing as hate speech and the government may not do indirectly what it is prohibited from doing directly. Published September 24, 2025
Supreme Court betrays Fourth Amendment with ‘show your papers’ ruling
Last week, the Supreme Court of the United States permitted federal police to stop persons in public and demand to see proof of lawful presence here, and in the absence of that proof, to arrest them. Published September 17, 2025
Trump’s Caribbean boat killings expose dangerous executive overreach
Last week, the president of the United States did not take the Constitution seriously. Published September 10, 2025
Feds defend torture again
The federal government continues its slow assault on the Constitution at the U.S. Naval Base in Guantanamo Bay, Cuba. Published September 3, 2025
The states and the presidency
"It is my intention to ... demand recognition of the distinction between the powers granted to the federal government and those reserved to the states or to the people." Published August 27, 2025
Trump’s D.C. safety push sparks debate over liberty vs. control
President Trump argued last week that as a result of the federal enhancement of police work in the District of Columbia, the city has gone, in four days, from the most dangerous in America to the safest. Published August 20, 2025
Constitution protects runaway Texas Democrats right to interstate travel
"The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people." Published August 6, 2025
Can the president impose taxes?
This week, the United States Court of Appeals for the Federal Circuit, which sits right below the Supreme Court, is hearing a case of profound constitutional importance. Published July 30, 2025
Taxing morality: How the government uses the Johnson Amendment to police speech
When the IRS announced two weeks ago that it would not enforce a section of federal law commonly called the Johnson Amendment, many clerics rejoiced. Published July 23, 2025
Khalid Sheikh Mohammed plea deal exposes a constitutional crisis
Last week, a federal appeals court in Washington invalidated a plea agreement for Khalid Sheikh Mohammed, who has been incarcerated at the U.S. Naval Base at Guantanamo Bay, Cuba, for 20 years. Published July 16, 2025
Are we still free? Jefferson’s warning rings louder as Washington grows more tyrannical
We are independent of London, but are we independent of Washington? Published July 2, 2025
The coming police state in America
A foreign entity attacks American people or property, and it is somehow necessary to expand the powers of the government and shrink protections for civil liberties. Published June 25, 2025
Trump, war and the Constitution
Has the United States become what President Trump recently condemned? Published June 18, 2025
Slouching toward authoritarianism?
The deployment of California National Guard troops and active-duty U.S. Marines onto the streets of Los Angeles violates federal law and manifests a dangerous pattern of governmental behavior. Published June 11, 2025