Judge Andrew P. Napolitano is the author of seven books on the U.S. Constitution, two of which have been New York Times best sellers. Judge Napolitano has been Fox News’ Senior Judicial Analyst since 1998 and he is nationally known for watching and reporting on the government as it takes liberty and property.
"Those who would give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." — Benjamin Franklin (1706-1790)One of my Fox colleagues recently sent me an email attachment of a painting of the framers signing the Constitution of the United States. Except in this version, George Washington — who presided at the Constitutional Convention — looks at James Madison — who was the scrivener at the Convention — and says, "None
"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." — Ex parte Milligan, U.S. Supreme Court (1866)During the Civil War, when President Abraham Lincoln thought it expedient to silence those in the northern states who challenged his wartime decisions by incarcerating them in military prisons in
The issue of whether government in America can quarantine persons against their will, ostensibly for their own health and that of others with whom they may come in contact, requires a dual analysis — one of the powers of the federal government and the other of the powers of the states. For constitutional analysis purposes, since local and regional governments derive their powers from the states in which they are located, the analysis of state
I have been writing for years about the dangers to human freedom that come from government mass surveillance. The United States was born in a defiant reaction to government surveillance. In the decade preceding the signing of the Declaration of Independence, the villains were the Stamp Act and the Writs of Assistance Act. Today, the villain is the Patriot Act.Here is the backstory. In 1765, when the British government was looking for creative ways to