Andrew Napolitano



Aug 22, 2019
Some of my Fox colleagues joke with me that I am shoveling against the tide when it comes to defending the right to privacy. They claim that there is no more privacy. I disagree with them. As long as we still have a Constitution, it must be taken seriously.


Aug 15, 2019
Red flag laws are being talked about as a way to do something after the recent mass murders, but they are going to violate due process and the presumption of innocence, Judge Andrew Napolitano writes.


Aug 8, 2019
Red flag laws are unconstitutional. The presumption of innocence and the due process requirement of demonstrable fault as a precondition to any punishment or sanction together prohibit the loss of liberty on the basis of what might happen in the future.


Jul 24, 2019
The Constitution not only commands of government both racial neutrality and color blindness, it generally prohibits government officials from making distinctions among people on the basis of immutable characteristics.


Jul 17, 2019
Congress was elected to write laws pursuant to the Constitution. It was not elected to isolate words its members hate and fear and then condemn the speaker of those words.


Jul 11, 2019
The Commerce Department alleged that the reason for the census question was to assist in the enforcement of the Voting Rights Act. The Supreme Court declined to accept that explanation.


Jul 3, 2019
Did you consent to a Congress that steals liberty and property without due process; to a president who starts wars, raises taxes, and spends money in defiance of Congress; or to courts that let folks be tried twice for the same crime or punished for crimes not yet committed?


Jun 27, 2019
The president is using a law he knows is unconstitutional to make folks feel good. The federal government continues to regulate in areas nowhere even hinted at in the Constitution. And the more regulation we tolerate, the less freedom of choice we have.

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