How is it that the government can charge Edward Snowden with espionage for telling a journalist that the feds have been spying on all Americans and many of our allies, but the NSA itself, in a public relations campaign intended to win support for its lawlessness, can reveal secrets and do so with impunity? That question goes to the heart of the rule of law in a free society.
Since Snowden's June 6th revelations about massive NSA spying, we have learned that all Americans who communicate via telephone or the Internet. . .
Category:
Judge’s Opinions
Last week, Justin Amash, the two-term libertarian Republican congressman from Michigan, joined with John Conyers, the 25-term liberal Democratic congressman from the same state, to offer an amendment to legislation funding the National Security Agency (NSA). If enacted, the Amash-Conyers amendment would have forced the government's domestic spies when seeking search warrants to capture Americans' phone calls, texts and emails first to identify their targets and produce evidence of their terror-related activities before a judge may issue a warrant. The support they garnered had a surprising result that stunned the Washington establishment.
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When Edward Snowden revealed that the federal government, in direct defiance of the Fourth Amendment to the Constitution, was unlawfully and unconstitutionally spying on all Americans who use telephones, text messaging or emails to communicate with other persons, he opened a Pandora's box of allegations and recriminations. The allegations he unleashed are that Americans have a government that assaults our personal freedoms, operates in secrecy and violates the Constitution and the values upon which it is based. The recriminations are that safety is a greater good than liberty. . .
While the country processes the racial politics-inspired prosecution of George Zimmerman, which came to a conclusion last week, and as the calls to try him in federal court for the same events for which he was acquitted in a state court become louder each day, a case in upstate New York is making its way through the system that profoundly reveals the antipathy to the Constitution displayed by some prosecutors in the U.S. Department of Justice and may give Zimmerman a foretaste of things to come.
Sitting patiently waiting for a. . .
Fidelity to the rule of law is the centerpiece of a free society. It means that no one is beneath the protection of the law and no one is absolved of the obligation to comply with it. The government may not make a person or a class of persons exempt from constitutional protections, as it did during slavery, nor may it make government officials exempt from complying with the law, as it does today.
Everyone who works for the government in the United States takes an oath to uphold the Constitution and the. . .
Yesterday you saw some hawks, whose ideology is dying and whose worldview is being discredited every day, launch an attack on Senator Rand Paul by attacking one of his brilliant aides, Jack Hunter.
Jack’s sin in their eyes was having spoken favorably of states’ rights, and negatively of Lincoln. They can’t seem to recognize that states’ rights--even secession--does not equal racism; it constitutes a brake on the feds’ march to totalitarianism. Most modern day states’ rights advocates recognize the sovereignty of the states and their inherent ability to nullify and. . .
EXCLUSIVE: Justice Department memo reveals legal case for drone strikes on Americans
written by Andrew P. Napolitano
By Michael Isikoff National Investigative Correspondent, NBC News
A confidential Justice Department memo concludes that the U.S. government can order the killing of American citizens if they are believed to be “senior operational leaders” of al-Qaida or “an associated force” -- even if there is no intelligence indicating they are engaged in an active plot to attack the U.S. The 16-page memo, a copy of which was obtained by NBC News, provides new details about the legal reasoning behind one of the Obama administration’s most secretive and controversial polices: its dramatically. . .
By Judge Andrew P. Napolitano
Published January 31, 2013
FoxNews.com
As President Obama and Congress grapple for prominence in the debate over immigration, both have lost sight of the true nature of the issue at hand.
The issue the politicians and bureaucrats would rather avoid is the natural law. The natural law is a term used to refer to human rights that all persons possess by virtue of our humanity. These rights encompass areas of human behavior where individuals are sovereign and thus need no permission from the government before making choices in those areas. Truly, in the Judeo. . .
By Judge Andrew P. Napolitano
Published January 24, 2013
FoxNews.com
Here is an uncomfortable pop quiz: Who has killed more children, Adam Lanza or Barack Obama? We’ll hold off on the answer for a few paragraphs while we look at the state of governmental excess -- including killing -- in America. But you can probably guess the correct answer from the manner in which I have posed the question.
We all know that the sheet anchor of our liberties is the Declaration of Independence. The president himself quoted Thomas Jefferson’s most famous line in his inaugural address. . .
The right of the people to keep and bear arms is an extension of the natural right to self-defense and a hallmark of personal sovereignty. It is specifically insulated from governmental interference by the Constitution and has historically been the linchpin of resistance to tyranny. And yet, the progressives in both political parties stand ready to use the coercive power of the government to interfere with the exercise of that right by law-abiding persons because of the gross abuse of that right by some crazies in our midst.
When Thomas Jefferson wrote in the Declaration of Independence that. . .