The Unz Review - Mobile
A Collection of Interesting, Important, and Controversial Perspectives Largely Excluded from the American Mainstream Media
Show by  
Email This Page to Someone

 Remember My Information

 BlogviewAndrew Napolitano Archive
Constitutional Theory

Bookmark Toggle AllToCAdd to LibraryRemove from Library • BShow CommentNext New CommentNext New Reply
When James Madison drafted the First Amendment -- “Congress shall make no law … abridging the freedom of speech” -- he made sure to use the article “the” in front of the word “freedom.” What seemed normal to him and superfluous to moderns was actually a profound signal that has resonated for 227 years. The... Read More
The Ash Wednesday massacre at Marjory Stoneman Douglas High School in Parkland, Florida, seems to have broken more hearts than similar tragedies that preceded it. It was no more senseless than other American school shootings, but there is something about the innocence and bravery and eloquence of the youthful survivors that has touched the souls... Read More
Hidden beneath the controversy stirred up last week by the publication of a book called "Fire and Fury," a highly critical insider's view of the Trump White House that the president has not only denounced on national television but also tried to prevent from being published and distributed, are the efforts of the Trump administration... Read More
For the second time in two months, someone who has pledged allegiance to the Islamic State has plotted to kill innocents in New York City and has executed his plot. According to police, at the height of the Monday morning rush hour this week, in an underground pedestrian walkway that I have used many times,... Read More
Earlier this week, the government revealed that a grand jury sitting in Washington, D.C., indicted a former Trump presidential campaign chairman and his former deputy and business partner for numerous felonies. Both were accused of working as foreign agents and failing to report that status to the federal government, using shell corporations to launder income... Read More
I am in Switzerland this week interacting with and lecturing to students and faculty at the University of Zurich. The subject of our work is the U.S. Constitution and its protections of personal liberty. In most countries, government has begrudgingly granted snippets of personal liberty to keep those who are demanding it at bay. Throughout... Read More
Sometimes the public expression of unwanted ideas reaches directly into our living rooms. When President Donald Trump attacked a half-dozen or so professional football players who, instead of standing during the traditional playing of the national anthem prior to football games, "took a knee" by kneeling on one or both of their knees during the... Read More
Here we go again. The United States has been rattled to the core by an unspeakable act of evil perpetrated by a hater of humanity. A quiet, wealthy loner rented a hotel suite in Las Vegas, armed it with shooting platforms and automatic weapons, knocked out two of the windows, and shot at innocents 32... Read More
The weird odyssey of President Donald Trump's travel bans continues. The original ban, signed as an executive order Jan. 27, barred absolutely all immigrants and refugees from seven predominantly Muslim countries. The countries had actually been chosen by the State Department of former President Barack Obama. Obama never signed a ban, but Trump did. The... Read More
Amid the bad news this summer of racial tensions in Charlottesville and biblical-like floods in Houston and preening saber rattling between Pyongyang and Washington, a dangerous below-the-radar trend has been developing about which all who believe that the Constitution means what it says should be concerned. It is the reckless influence upon local law enforcement... Read More
Last weekend, serious violence broke out in Charlottesville, Virginia, when a group of white supremacist demonstrators was confronted by a group of folks who were there to condemn the message the demonstrators had come to advance. The message was critical of the government for removing a statue of Gen. Robert E. Lee from a public... Read More
Earlier this week, the Trump Department of Justice told the mayor of Chicago that it would cease funding grants to the Chicago Police Department that had been approved in the Obama administration because Chicago city officials were not cooperating with federal immigration officials. The DOJ contended that Chicago officials were contributing to lawlessness by refusing... Read More
The political fiasco that unfolded last week as President Donald Trump and the Republican House leadership failed to pass legislation repealing the Affordable Care Act, commonly called Obamacare, is attributable as much to the failure of politics as it is to the failure of politicians to understand the constitutional role of the federal government. Republicans... Read More
I have spent this past week watching the Senate Judiciary Committee interrogating U.S. Circuit Judge Neil Gorsuch. Judge Gorsuch is President Donald Trump's nominee to fill the vacancy on the U.S. Supreme Court. The vacancy was created by the death of Justice Antonin Scalia more than 13 months ago. The Supreme Court is currently generally... Read More
Over the past weekend, Trump administration officials offered harsh criticisms of the judicial interference with the enforcement of the president's immigration order. The Jan. 27 order suspended the immigration privileges of all refugees from Syria indefinitely and all immigrants from seven designated countries for 90 days. After a federal district judge in Seattle enjoined the... Read More
Last week, in a public courtroom in the federal courthouse in Seattle, the states of Washington and Minnesota -- after suing President Donald Trump, alleging injury caused by his executive order that suspended the immigration of all people from seven foreign countries -- asked a federal judge to compel the president and all those who... Read More
Last week, President-elect Donald Trump re-emphasized the approach he will take in enforcing the nation's immigration laws, which is much different from the manner of enforcement utilized by President Barack Obama. The latter pointedly declined to deport the 5 million undocumented immigrants in the United States who are the parents of children born here --... Read More
What if on Thanksgiving Day there is more to be fearful about than there is to be thankful for? What if our political season from hell is not over but merely transformed? What if the election season through which we all just suffered is a portent of things to come? What if the election was... Read More
What if the Declaration of Independence states that the purpose of government is to protect our natural rights? What if natural rights are the freedoms we enjoy without neighbors or strangers or government interfering? What if those freedoms are listed in part in the Bill of Rights? What if the government is supposed to keep... Read More
"No person shall ... be deprived of life, liberty, or property, without due process of law..." -- Fifth Amendment to the U.S. Constitution. The clash in American history between liberty and safety is as old as the republic itself. As far back as 1798, notwithstanding the lofty goals and individualistic values of the Declaration of... Read More
In 2014, President Barack Obama signed 12 executive orders directing various agencies in the departments of State, Justice and Homeland Security to refrain from deporting some 4 million adult immigrants illegally present in the United States if they are the parents of children born here or legally present here and if they hold a job,... Read More
"There is nothing new in the realization that the Constitution sometimes insulates the criminality of a few in order to protect the privacy of us all." -- Justice Antonin Scalia (1936-2016) After the San Bernardino massacre on Dec. 2, 2015, the FBI lawfully acquired the cellphone of one of the killers and persuaded a federal... Read More
When the sad news came of the sudden death this past weekend of U.S. Supreme Court Justice Antonin Scalia, I wept for my friend. We had developed a happy friendship during the past 15 years, one which I had selfishly hoped would endure. He permitted his friends to see all of him. We knew him... Read More
"A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed." -- Second Amendment to the U.S. Constitution In 2008, the Supreme Court laid to rest the once-simmering dispute over the meaning of the Second Amendment. In an opinion... Read More
What if the government's goal is to perpetuate itself? What if the real levers of governmental power are pulled by agents and diplomats and bureaucrats behind the scenes? What if they stay in power no matter who is elected president or which political party controls Congress? What if the frequent public displays of adversity between... Read More
The tone of the debate over the nation's immigration laws has taken an ugly turn as some office-seekers offer solutions to problems that don't exist. The natural rights of all persons consist of areas of human behavior for which we do not need and will not accept the need for a government permission slip. We... Read More
Can the president kill you? The short answer is: Yes, but not legally. Yet, President Obama has established a secret process that involves officials from the Departments of Justice and Defense, the CIA, and the White House senior staff whereby candidates are proposed for execution, and the collective wisdom of the officials then recommends execution... Read More
The turmoil over the efforts by the State of Indiana to make lawful the decisions by operators of public accommodations to decline their services based on their stated religious views has died down because the legislature amended the offending parts of its legislation so that the new law prohibits denying services based on sexual orientation,... Read More
The Indiana Religious Freedom Restoration Act of 2015 is constitutionally infirm and legally troublesome. The circuitous constitutional route that brought about this statute began in 1990 when the Supreme Court ruled that the Free Exercise Clause of the First Amendment may not be used as a defense to violating the general laws of the land.... Read More
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... Read More
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... Read More
Earlier this week, President Obama made it clear that he will soon offer some form of limited amnesty to about five million foreign nationals who are currently living illegally in the United States. He will do so by issuing an executive order to federal officials who oversee immigration directing them to undertake a course of... Read More
As the debate rages over whether the president needs congressional authorization for war prior to his deployment of the military to degrade or destroy ISIS, the terrorist organization that none of us had heard about until a few months ago, the nation has lost sight of the more fundamental issue of President Obama's infidelity to... Read More
When President Obama decided sometime during his first term that he wanted to be able to use unmanned aerial drones in foreign lands to kill people -- including Americans -- he instructed Attorney General Eric Holder to find a way to make it legal -- despite the absolute prohibition on governmental extra-judicial killing in federal... Read More
The political philosopher Edmund Burke once remarked that all that is necessary for the triumph of evil is for good folks to do nothing. A glaring example of the impending triumph of a constitutional evil that could be stopped by folks who have been largely silent is the tyranny coming from the White House. And... Read More
Can the president legally bypass Congress and rule the government by decree? The answer to the question above is: No. But you wouldn't know that by listening to President Obama. In the past three weeks, the president has made it clear how he plans to run the executive branch of the federal government in the... Read More
Andrew Napolitano
About Andrew Napolitano

Judge Andrew P. Napolitano is a graduate of Princeton University and the University of Notre Dame Law School. He 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, when he presided over more than 150 jury trials and thousands of motions, sentencings, and hearings. Judge Napolitano taught constitutional law and jurisprudence at Delaware Law School for two years and at Seton Hall Law School for 11 years. He was often chosen by the students as their most outstanding professor. He returned to private practice in 1995, and began television work in the same year.

As Fox News’ Senior Judicial Analyst since 1998, Judge Napolitano broadcasts nationwide on the Fox News Channel throughout the day, Monday through Friday. He is nationally known for watching and reporting on the government as it takes liberty and property.

Judge Napolitano lectures nationally on the U.S. Constitution, the rule of law, civil liberties in wartime, and human freedom. He has been published in the New York Times, the Wall Street Journal, the Los Angeles Times, and numerous other publications. His weekly newspaper column is seen by millions every week.

The Judge is the author of seven books on the U.S. Constitution, two of which have been New York Times best sellers. His most recent book is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom.

The “war hero” candidate buried information about POWs left behind in Vietnam.
The evidence is clear — but often ignored
The unspoken statistical reality of urban crime over the last quarter century.
The major media overlooked Communist spies and Madoff’s fraud. What are they missing today?
What Was John McCain's True Wartime Record in Vietnam?