Author: Andrew P. Napolitano

What if the current massive spying on Americans began with an innocent secret executive order signed by President Reagan in 1986? What if Reagan contemplated that he was only authorizing American spies to spy on foreign spies unlawfully present in the U.S.? What if Reagan knew and respected the history of the Fourth Amendment? What if the essence of that history is the colonial revulsion at the British use of general warrants? What if general warrants were issued by a secret court in London and authorized British agents in America to search wherever they wished and to seize whatever they … Continue reading →

About six years ago, one of my producers at the Fox News Channel received a call out of the blue in which the caller asked if I’d be interested in coming on “The Colbert Report.” At the time, I was generally unfamiliar with the genre of late-night comedy because I am usually in dreamland when it airs. Colbert was hilarious in his haughty imitation of the excesses of my Fox colleague Bill O’Reilly. I did not and do not know what his personal politics are, but his shtick was playing O’Reilly to a T. In fact, at one point during … Continue reading →

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 his oath to enforce all federal laws faithfully; and he moved the government decidedly in the direction of secret laws, secret procedures and secret courts. During his presidency, Congress enacted the Patriot Act. This legislation permits federal agents to write their own search warrants when … Continue reading →

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 his oath to enforce all federal laws faithfully; and he moved the government decidedly in the direction of secret laws, secret procedures and secret courts. During his presidency, Congress enacted the Patriot Act. This legislation permits federal agents to write their own search warrants when … Continue reading →

New Jersey Gov. Chris Christie unwittingly ignited a firestorm earlier this week when he responded to a reporter’s question in Great Britain about forced vaccinations of children in New Jersey by suggesting that the law in the U.S. needs to balance the rights of parents against the government’s duty to maintain standards of public health. Before Christie could soften the tone of his use of the word “balance,” Kentucky Sen. Rand Paul jumped into the fray to support the governor. In doing so, he made a stronger case for the rights of parents by advancing the view that all vaccines … Continue reading →

Ali Saleh al-Marri is a convicted conspirator who entered the United States before 9/11 in order to create a dreaded sleeper cell here that might someday launch an attack on Americans similar to what we witnessed earlier this month in Paris. When the feds woke from their slumber on 9/11, they wisely began to search immigration records for persons who came here with no discernible purpose from places known to spawn terrorist groups and who had overstayed their visas. Al-Marri was one such person. The feds arrested him, originally on the visa violation, and then, after connecting the dots, on … Continue reading →

While the Western world was watching and grieving over the slaughter in Paris last week, and my colleagues in the media were fomenting a meaningless debate about whether President Obama should have gone to Paris to participate in a televised parade, the feds took advantage of that diversion to reveal even more incursions into our liberties than we had known about. We already knew that the NSA, our 60,000 domestic spies, has captured and retained the contents of nearly all emails, text messages, telephone calls, bank statements, utility bills and credit card bills of all Americans since 2009. We already … Continue reading →

The photos of 40 of the world’s government leaders marching arm-in-arm along a Paris boulevard on Sunday with the president of the United States not among them was a provocative image that has fomented much debate. The march was, of course, in direct response to the murderous attacks on workers at the French satirical magazine Charlie Hebdo by a pair of brothers named Kouachi, and on shoppers at a Paris kosher supermarket by one of the brothers’ comrades. The debate has been about whether President Obama should have been at the march. The march was billed as a defense of … Continue reading →