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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

This twisted understanding of first principles, among which is that government must comply with its own laws, has led to the use of FBI, CIA and DEA operatives to kidnap foreigners in foreign countries who allegedly harmed Americans by violating U.S. laws. File photo credit: Stanislav's Video Room via Shutterstock.

Searching for monsters

In the middle of his term as secretary of state, John Quincy Adams, would would go on to become president, addressed a joint session of Congress. What prompted this unusual event? Published August 28, 2024

Illustration on government violations of the Fourth Amendment by Alexander Hunter/The Washington Times

Americans’ right to be left alone

The Fourth Amendment to the Constitution guarantees the right to privacy. Like other amendments in the Bill of Rights, it doesn't create the right; it limits government interference with it. Published August 21, 2024

Khalid Sheikh Mohammed illustration by Linas Garsys / The Washington Times

Khalid Sheikh Mohammed and the problem of torture

In the months following the 9/11 attacks, the government blamed al Qaeda leader Osama bin Laden for orchestrating them. Then, after it murdered bin Laden, the government decided that the true mastermind was Khalid Sheikh Mohammed. Published August 7, 2024

Unconstitutional: U.S. presidents kill with impunity illustration by Greg Groesch / The Washington Times

When presidents kill

Before he withdrew from the presidential race, President Biden secretly affirmed his self-willed and self-created authority to kill people in other countries. Published July 31, 2024

Illustration on federal spending and the impact of debt by Alexander Hunter/The Washington Times

Our federal government exists on fake money, borrowed time

These are the times that try our souls because, at home, we have a government that spends $1.7 trillion a year more than it takes in, while abroad, it taunts Russian dictator Vladimir Putin by paying for a war in Ukraine. Published July 24, 2024

Truisms in the Constitution and inalienable rights illustration by Alexander Hunter/The Washington Times

To the government, rights are merely privileges

The world is filled with self-evident truths -- truisms -- that philosophers, lawyers and judges know need not be proved. The sun rises in the east and sets in the west. Two plus two equals four. Published July 17, 2024

The Fourth Amendment (Illustration by Greg Groesch/The Washington Times

Government violations of the Fourth Amendment

In his famous dissent in Olmstead v. United States, Supreme Court Justice Louis Brandeis in 1928 called the right to be left alone the most comprehensive of rights and the right most valued by civilized men. Published July 10, 2024

Visitor view the statue of Thomas Jefferson at the Jefferson Memorial early in the morning Saturday, April 12, 2014. Sunday, April 13, marks the 271st anniversary of Jefferson's birth. Jefferson is the principal author of the Declaration of Independence and is one of the United States of America's founding fathers. (AP Photo/J. David Ake)

Twilight’s last gleaming

When a presidential debate devolves into an argument over golf scores, and afterward, the public argues about the candidates' mental acuity or honesty, when the question for voters is who is the sharper debater rather than who would be more faithful to the Constitution, when both major party candidates support mass surveillance, undeclared foreign wars and borrowing trillions of dollars a year to fund a bloated government, nearly all of which is nowhere countenanced by the Constitution, we can safely conclude that personal liberty in our once free society has been radically diminished and is in the twilight of its existence. Published July 3, 2024

Julian Assange is free illustration by Alexander Hunter/ The Washington Times

Julian Assange is free

It wasn't until 1969 that the Supreme Court's modern First Amendment jurisprudence made it clear that whenever there is a clash between the government and a person over the constitutionality of the person's speech, the courts will give every benefit and draw every inference to the speaker, and none to the government. This is so because the freedom of speech is a natural right; it is also expressly protected by the Constitution, and thus, it is always to be presumed constitutional and lawful. Published June 26, 2024

A sign stands outside the National Security Administration (NSA) campus on in Fort Meade, Md., on June 6, 2013. The national reckoning over racial inequality sparked by George Floyd's murder two years ago has gone on behind closed doors inside America's intelligence agencies. Shortly after his death, employees of the National Security Agency had a call to speak to their director about racism and cultural misunderstandings. One by one, officers spoke about examples of racism that they had seen in America's largest intelligence service. (AP Photo/Patrick Semansky, File)

What if it’s dangerous to be right when the government is wrong?

What if the government is a myth? What if it doesn't produce what we pay it for? What if it fails to safeguard our lives, liberties and property from its own agents? What if nothing changes after these failures and after elections? What if we're stuck with it? Published June 19, 2024

Waging war and the Constitution illustration by Alexander Hunter/The Washington Times

What is the U.S. doing in Ukraine?

Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional and legal requirements that must first be met before war is waged? Published June 12, 2024

Biden, Putin and Ukraine anniversary illustration by Greg Groesch / The Washington Times

War and indifference: What is Biden’s goal in Ukraine?

Which is more destructive to personal liberty: a government that engages in secret wars, or a public and news media that are indifferent to it? In the current American toxic stew, we have both. Published June 5, 2024

Liberty surviving in a democracy with popularly elected Congress illustration by Alexander Hunter/The Washington Times

The perils of an outsized federal government

Today, the government claims it can right any wrong, tax any event, intrude upon any relationship, or even suppress any speech that it chooses. Published May 22, 2024

Perpetual unconstitutional spying on ordinary Americans Illustration by Greg Groesch/The Washington Times

Is your car spying on you?

Democratic Sens. Ron Wyden of Oregon and Edward Markey of Massachusetts revealed that automobiles sold in the U.S. with a GPS or emergency call system accumulate the vehicle's travel data on computer chips. Published May 8, 2024

CIA spying on Americans and the Fourth Amendment illustration by Greg Groesch / The Washington Times

CIA wants more power to spy on Americans

Americans need to be aware of the unbridled propensity of federal intelligence agencies to spy on all of us without search warrants as required by the Fourth Amendment to the Constitution. Published April 10, 2024