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Andrew P. Napolitano

Andrew P. Napolitano

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is an analyst for the Fox News Channel. He has written seven books on the U.S. Constitution.

Articles by Andrew P. Napolitano

Illustration on Hillary Clinton's email scandal by Donna Grethen/Tribune Content Agency

ANDREW NAPOLITANO: Is Hillary Clinton above the law?

What if Hillary Clinton's emails were hacked by foreign agents when she was the secretary of state? What if persons claiming to have done so are boasting about their alleged feats on Internet websites and in chat rooms traditionally associated with illegal or undercover activities? What if this is the sore underbelly of an arrogant and lawless secretary of state who used her power to exempt herself from laws that govern executive branch employees and didn't care about national security? Published March 18, 2015

Obama Power Grab Illustration by Greg Groesch/The Washington Times

ANDREW NAPOLITANO: Obama ignores constitutional limits of presidential power

Can the president rewrite federal laws? Can he alter their meaning? Can he change their effect? These are legitimate questions in an era in which we have an unpopular progressive Democratic president who has boasted that he can govern without Congress by using his phone and his pen, and a mostly newly elected, largely conservative Republican Congress with its own ideas about big government. Published March 4, 2015

Jon Stewart

ANDREW NAPOLITANO: Farewell to Jon Stewart, a singular comedic genius

About six years ago, one of my producers at the Fox News Channel received a call out of the blue in which the caller asked if I'd be interested in coming on "The Colbert Report." At the time, I was generally unfamiliar with the genre of late-night comedy because I am usually in dreamland when it airs. Published February 18, 2015

Government Spying Destroys Constitution Illustration by Greg Groesch/The Washington Times

ANDREW NAPOLITANO: George W. Bush, Obama trampled Fourth Amendment

President George W. Bush was fond of saying that "9/11 changed everything." He used that one-liner often as a purported moral basis to justify the radical restructuring of federal law and the federal assault on personal liberties over which he presided. He cast aside his oath to preserve, protect and defend the Constitution; he rejected his oath to enforce all federal laws faithfully; and he moved the government decidedly in the direction of secret laws, secret procedures and secret courts. Published February 11, 2015

Illustration on government domain over our persons and vaccination by Alexander Hunter/The Washington Times

ANDREW NAPOLITANO: To vaccinate or not to vaccinate?

New Jersey Gov. Chris Christie unwittingly ignited a firestorm earlier this week when he responded to a reporter's question in Great Britain about forced vaccinations of children in New Jersey by suggesting that the law in the United States needs to balance the rights of parents against the government's duty to maintain standards of public health. Published February 4, 2015

Illustration on the failed policy of enemy combatant internment by Alexander Hunter/The Washington Times

ANDREW NAPOLITANO: Torturing terror suspects leads to little justice

Ali Saleh al-Marri is a convicted conspirator who entered the United States before Sept. 11, 2001, in order to create a dreaded sleeper cell here that might someday launch an attack on Americans similar to what we witnessed earlier this month in Paris. When the feds woke from their slumber on Sept. 11, they wisely began to search immigration records for persons who came here with no discernible purpose from places known to spawn terrorist groups and who had overstayed their visas. Al-Marri was one such person. Published January 28, 2015

If you peered into your neighbor's bedroom with a high-tech device, you'd be prosecuted or sued.  MANDATORY CREDIT; MAGS OUT; TV OUT; INTERNET USE BY AP MEMBERS ONLY; NO SALES

ANDREW NAPOLITANO: Government steals Americans’ freedoms with NSA snooping

While the Western world was watching and grieving over the slaughter in Paris last week, and my colleagues in the media were fomenting a meaningless debate about whether President Obama should have gone to Paris to participate in a televised parade, the feds took advantage of that diversion to reveal even more incursions into our liberties than we had known about. Published January 21, 2015

Illustration on French "free speech" by Alexander Hunter/The Washington Times

ANDREW NAPOLITANO: French government decides what speech is free

The photos of 40 of the world's government leaders marching arm-in-arm along a Paris boulevard on Sunday with the president of the United States not among them was a provocative image that has fomented much debate. The march was, of course, in direct response to the murderous attacks on workers at the French satirical magazine Charlie Hebdo by a pair of brothers named Kouachi, and on shoppers at a Paris kosher supermarket by one of the brothers' comrades. Published January 14, 2015

Jailed Snake — Liberties Lost Illustration by Greg Groesch/The Washington Times

ANDREW NAPOLITANO: U.S. government stealing Americans’ freedom

A British author, residing in the United States for the past 30 years, created a small firestorm earlier this week with his candid observations that modern-day Americans have been duped by the government into accepting a European-style march toward socialism because we fail to appreciate the rich legacy of personal liberty that is everyone's birthright and is expressly articulated in the Declaration of Independence and guaranteed by the U.S. Constitution. Published January 7, 2015

Illustration on Congress' continuing resolution provisions eroding Constitutional liberties by Alexandr Hunter/The Washington Times

ANDREW NAPOLITANO: Obama, Congress defy Constitution with budget bribery, breaches of power

When the government is waving at us with its right hand, so to speak, it is the government's left hand that we should be watching. Just as a magician draws your attention to what he wants you to see so you will not observe how his trick is performed, last week presented a textbook example of public disputes masking hidden deceptions. Here is what happened. Published December 17, 2014

Illustration on the moral and legal issues of CIA "torture" by Alexander Hunter/The Washington Times

ANDREW NAPOLITANO: The CIA and its torturers

When the head of the CIA's torture unit decided to destroy videotapes of his team's horrific work, he unwittingly set in motion a series of events that led to the release this week of the most massive, detailed documentation of unlawful behavior by high-ranking government officials and intentional infliction of pain on noncombatants by the United States government since the Civil War era. Here is the backstory. Published December 10, 2014

Illustration on issues raised by Ferguson by Paul Tong/Tribune Content Agency

ANDREW NAPOLITANO: Ferguson riots failures of racial sensitivity, police militarization

The city of Ferguson, Missouri, is now burned into our consciousness in a way that few other places are. In my youth, the race riots in Newark, Detroit and Los Angeles marked turning points in my own and in the public's awareness of the problems of a black underclass that perceives itself as being so unfairly governed by a white power structure that it resorts to violence. Published December 3, 2014

illustration on the values of life and government by Alexander Hunter/The Washington Times

ANDREW NAPOLITANO: Give thanks to God, not to government

What if the government is designed to perpetuate itself? What if the real levers of governmental power are pulled by agents, diplomats and bureaucrats behind the scenes? What if they stay in power no matter who is elected president or which major political party controls Congress? Published November 26, 2014

Liberties Lost Illustration by Greg Groesch/The Washington Times

ANDREW P. NAPOLITANO: The presumption of liberty

In the years following the adoption of the Constitution, before he was secretary of state under President Thomas Jefferson and then president himself, James Madison, who wrote the Constitution, was a member of the House of Representatives. Published October 29, 2014