The Supreme Court’s recent Dobbs opinion, reversing the court’s 1973 Roe v. Wade opinion, which unleashed 64 million abortions in the United States, is based on the principles of popular democracy and federalism. In a popular democracy, the majority of voters determine all laws either directly or through popularly elected representatives. Under federalism, the states have retained the areas of governance that they did not cede to the federal government such as health, safety, welfare and morality. Viewing abortion as a criminal matter, which is how it was viewed in 1791 and 1868, the Dobbs court corrected the. . .
Andrew P. Napolitano
Andrew P. 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 one and half years and at Seton Hall Law School for 11 years, and at Brooklyn Law School for four years. He was often chosen by the students as their most outstanding professor. As Fox News’ Senior Judicial Analyst from 1997 to 2021, Judge Napolitano gave 14,500 broadcasts nationwide on the Fox News Channel and Fox Business Network. He is nationally known for watching and reporting on the government as it takes liberty and property. His weekly newspaper column is seen by millions every week. The Judge is a nationally-recognized expert on the U.S. Constitution and a champion of personal freedom.
What if the purpose of sending nearly $60 billion in cash and military aid to Ukraine is to extend the war Ukraine can only win if American troops become involved? What if the government is giving Ukraine more borrowed federal dollars in six months than Ukraine’s entire annual budget? What if the government wants American troops in this war to take the minds of American voters off the dismal economic, cultural and social mess that America has become?What if American troops are present on the ground in Ukraine today? What if they are out of uniform so that. . .
No sooner had the Supreme Court released its decision last month recognizing the personal right to carry a handgun outside the home than the big-government politicians began to resist the court’s holding. None was more anti-Constitution than New York Gov. Kathy Hochul, who told the court that “New York is ready for you.”
I understand that politicians often say and do things that they inwardly know are unconstitutional or unlawful in order to please their political bases, but vaguely threatening the Supreme Court over a fundamental liberty is an offense to the Constitution.
Here is the backstory. . .
In Defense of Tucker Carlson
In March 2017, I received a tip from a friend in the intelligence community that the British Government Communications Headquarters, or GCHQ — the United Kingdom's domestic and foreign spies — had been asked by the CIA to spy on candidate Donald Trump during the 2016 U.S presidential election campaign. He elaborated that Trump's claim that "someone tapped my wires" was essentially true. The tip was potentially explosive, so I ran it past two other friends in the intelligence community, and they confirmed it.
When I went public with this, all hell broke loose in my professional life. The. . .
"Eternal vigilance is the price of liberty." — Thomas Jefferson (1743-1826).
No one knows if Thomas Jefferson personally uttered those words. They have been widely attributed to him, but they don't appear in any of his writings. If he did not literally utter them, he uttered the sentiments they offer. They remind us not to take liberty for granted.
As America returns to pre-pandemic normalcy, we should think about the dangers of taking liberty for granted. This column has argued frequently that personal liberty is our birthright. It is a natural right. It doesn. . .
Edward and Kim Caniglia had an argument in their Cranston, Rhode Island, home, during which Edward retrieved a lawfully owned unloaded handgun and placed it on their dining room table in front of Kim and said to his wife, "Shoot me now, and get it over with." Kim did not touch the gun and left the house for the evening. The next day, after she could not reach Edward by phone, Kim returned to the house with four local police officers who met Edward outside on the back porch.
The police and Edward chatted, and he confirmed the. . .
"The Constitution of the United States is a law for rulers and people, equally in war and in peace, and covers with the shield of its protection all classes of men, at all times and under all circumstances. No doctrine involving more pernicious consequences was ever invented by the wit of man than that any of its provisions can be suspended during any of the great exigencies of government." — Ex Parte Milligan, Supreme Court of the United States, 1866.
Last week, the media in New Jersey began to ask Gov. Phil Murphy when he would surrender his. . .
"No person shall be... deprived of life, liberty, or property without due process of law." — Fifth Amendment to the U.S. Constitution
Last year, a detainee at the U.S. Naval Base at Guantanamo Bay, Cuba, filed a writ of habeas corpus in a federal district court in Washington, D.C. — to which all cases from Guantanamo have been assigned — and it was denied because he was not in the United States.
A writ of habeas corpus is the ancient individual right of every person confined by the government to require the government to justify. . .
Twice last week, the federal government's unconstitutional spying on ordinary Americans was exposed. One of these revelations was made by a federal judge in Washington, D.C., who wrote that the FBI is still using warrantless spying in criminal cases, notwithstanding the Constitution and federal laws. The other revelation was a surprise even to those of us who monitor these things — the United States Postal Service acknowledged that it has been spying on Americans.
Here is the backstory.
The modern American security state — the parts of the federal government that spy on Americans and do not. . .
Earlier this week, President Joseph R. Biden Jr. asked Congress to raise taxes and increase borrowing so his administration can spend $2.3 trillion — on top of the $1.9 trillion Congress authorized two months ago for so-called COVID relief — for thousands of projects he calls "infrastructure." All this is in addition to the $2 trillion that the government borrows annually these days just to make ends meet.
These are serious numbers of dollars, the repayment of which will have seriously unpleasant consequences for future generations of Americans. Indeed, under Biden's administration, the. . .
