Andrew P. Napolitano
Articles by Andrew P. Napolitano
What if Americans ignore the government?
What if massive numbers of us make these decisions on our own? What if the governors' edicts don't really carry the force of law? Published October 14, 2020
Michigan’s Supreme Court liberates citizens from Gretchen Whitmer’s pandemic executive orders
Late last week, the Supreme Court of Michigan -- the state's highest and final court -- invalidated the pandemic executive orders of Gov. Gretchen Whitmer as well as the statute on which she based those orders. Published October 7, 2020
Can the government force us to eat broccoli?
Wait a minute. Didn't the Supreme Court already uphold Obamacare in 2012? Yes, it did. So why is the constitutionality of this legislation back before the Supreme Court? Published September 30, 2020
For Justice Ginsburg, the Constitution unleashed the Court and government
Justice Ruth Bader Ginsburg tenacious advocacy for the rights of those she perceived as legally disadvantaged, combined with her outsized intellect, moved the vector of the court's direction as few justices have in history. Published September 23, 2020
Gubernatorial orders regulating travel, work and assembly during pandemic ruled unconstitutional
A federal court in Pennsylvania this week has become the first in the nation to rule that the lockdown, social distancing and essential workplace regulations imposed by Gov. Tom Wolf are unconstitutional. Published September 16, 2020
Should Americans believe Trump or The Atlantic?
I was appalled at the allegations against President Trump leveled in a recent article in The Atlantic. The article claimed that the president referred to American soldiers killed in World War I and buried in France as "losers" and "suckers." Published September 9, 2020
Is Trump guilty of inciting violence?
All states have laws that prohibit assault and destruction of others' property. States and the federal government also have laws that prohibit bystanders from encouraging others to engage in violence. Published September 2, 2020
Time for federal government to sell the Postal Service
The Postal Service is a grossly inefficient entity which could never survive were it not a monopoly. Published August 26, 2020
From the streets of Portland to the NSA, U.S. government spying on everyone proceeds unabated
During this summer of madness in Portland, Oregon, and sadness over COVID-19, two below-the-radar events occurred implicating the insatiable appetite of U.S. government to spy on everyone in America. Published August 19, 2020
Trump’s unconstitutional executive orders: Only Congress can spend federal monies
The Treasury cannot legally borrow or spend a nickel unless it has been expressly authorized to do so by law -- meaning by legislation enacted by Congress. Published August 12, 2020
Portland demonstrates that government spying on citizens has become commonplace, and easy
The government spies routinely on Americans today -- so much so that the revelation of it ceases to shock. Published August 5, 2020
Federal government materially interfering with lawful dissent in Portland
The U.S. Constitution and federal law prohibit the introduction of the military into domestic law enforcement unless requested by the state legislature or the governor. Both the Portland mayor and the Oregon governor have asked the feds to go home. Published July 29, 2020
How totalitarianism begins in the U.S.
The feds' activities are unconstitutional because they are using government force to arrest people without probable cause or arrest warrants. There is no legal basis for these "arrests," as they have not charged anyone. Published July 22, 2020
A brief history of the freedom of speech in America
As the framers understood, all persons have a natural right to think as we wish and to say and publish whatever we think. Even hateful, hurtful and harmful speech is protected speech. Published July 15, 2020
America’s tyrants and anarchists squeeze personal liberties in a vise
This summer in America, we are approaching the end of a civilized and free society as we have known it. Published July 8, 2020
Revolutionary spirit of individual liberty with minimal government embraced America in 1776
Are all men created equal or are they not? Does the government have our consent or does it not? Are our liberties natural to our existence or are they not? Published July 1, 2020
Tearing down statues risks rewriting American history and forgetting its slavery roots
I am amazed at the efforts around the country to remove and destroy painful mementos of our history. When a statue is erected to a historical figure, the erection is a statement about the balance of the person's life worth. It is not a claim of perfection. Published June 24, 2020
Tyrannical governors ignore Constitution’s protection of religious freedom
Here is a pop quiz on the U.S. Constitution. What is the first freedom protected by the Bill of Rights? The first protected freedom is religion. The tyrannical behavior of many state governors has ignored this. Published June 17, 2020
Don’t go to work, don’t go to church and don’t gather, unless the government approves
Today, we are the government's prisoners. Wear your mask. Stay at home. Don't go to work. Don't open your business. Don't go to church. Published June 10, 2020
America is under attack from three deadly viruses: COVID-19, hubris and racism
The late historian Chalmers Johnson observed that if we fail to eliminate racism and hubris in the government, we will pay dearly. Published June 3, 2020
