Andrew P. Napolitano has questions about the violations of the U.S. Constitution and established jurisprudence and the conduct of Congress and the Trump administration.
Marine One, the presidential helicopter, above the South Lawn of the White House on March 23. (White House /Patrick B. Ruddy)
Is personal freedom a reality or a myth? Does the government execute the will of the governed or the will of those who finance its officials? Does the Bill of Rights restrain the government? Are the levers of government power pulled by those the governed have elected or those we don’t see? Do elections change anything?
Can the president kill people whom he suspects might commit a crime? Aren’t even those who would cause great harm entitled to due process? Isn’t everyone entitled to a fair trial in front of a neutral judge and jury before any punishment can be administered?
Aren’t all persons legally innocent until proven guilty beyond a reasonable doubt and to a moral certainty? Isn’t this presumption of innocence the linchpin of American jurisprudence? At trial and before punishment, isn’t it the government’s obligation to prove every element of the crimes charged? Isn’t there no such thing in American jurisprudence as a presumption of guilt?
Aren’t punishments prescribed by law? Can the president make up a punishment and direct the military to administer it to folks he thinks are probably guilty of criminal behavior? Can federal officials perform unlawful acts with impunity just because they are ordered to do so by the president? Is “probably guilty” a sufficient legal standard for punishment?
The scene on Jan. 7 at Portland Avenue and 34th Street in South Minneapolis where Renee Good was shot. (Chad Davis / Flickr / CC BY 4.0)
In war, can the combatants morally target civilians and their structures? Is war waged against the people of a given country, or against its government and military assets? What happens when there is killing without consequence?
Which is worse, a president who kills whomever he wishes or a Congress that funds the killing and is indifferent to the moral, constitutional and legal consequences?
Can the president morally bomb civilians “into the Stone Age” in a country where the civilian population has little control over the government? Why kill or ruin large numbers of civilians whose liberation you have urged?
What is the purpose of a Constitution if it is not followed? Why take an oath to uphold and defend the Constitution and then not do so? Why limit war making to the Congress but then ratify the president’s war making as if the Constitution authorized it? If the U.S. bombs other countries to temper their offensive military appetite, who or what will temper America’s offensive military appetite?
A screenshot of a video originally released on the White House’s official X account. The video opens with footage from Call of Duty: Modern Warfare III of a player calling in a kill streak MGB, or mass guided bomb bombardment. The video switches to real footage of a jet and missiles taking off, then to a montage of strikes in the 2026 Iran War with superimposed video game elements, such as points scored, a mini-map, and a compass. (White House X account/Wikimedia Commons/Public Domain)
Can Congress fund a war it has declined to declare? Why are undeclared wars now commonplace? What to do about a Congress that escapes its constitutional duties? Which is worse, a president who fights an undeclared war or a Congress that does nothing about it?
What is Congress afraid of? Where in the Constitution is the president empowered to spend billions killing foreign persons in an undeclared war? From what source does the president derive power to destroy a foreign land? Why was there no great American debate about war before the president began his killings?
Can the president order killings because he is in the mood for it or because it is fun? Doesn’t the Constitution establish a system of checks and balances so that one of the three branches of the federal government cannot amass power at the expense of either of the other two? Don’t the Constitution and history lay out the functions and powers of the branches of government, and aren’t they supposed to check each other so as to assure personal freedom?
What good are treaties if they’re not followed? Why are treaties the supreme law of the land along with the Constitution itself and all federal statutes? Why does the government violate treaties like the Geneva Conventions and the United Nations Charter that U.S. officials wrote and U.S. presidents signed or acknowledged and the U.S. Senate ratified?
Trump at Dover Air Force Base, Delaware, during the ceremonial transfer on March 7 of the remains of six U.S. soldiers killed in an Iranian drone strike in Kuwait. (White House /Daniel Torok)
Can the president choose which laws he personally will obey and which he will personally violate? Can the government legally break its own laws? Can the president spend money from the U.S. Treasury that has not been authorized by Congress? Can the president impose a sales tax on all goods entering the U.S. from foreign countries? Can the president pick and choose which statutes to enforce and which to ignore? Why is computer hacking a crime, unless it’s done by federal agents?
Can the president put his own name on American cash? Can he put an image of his face on all your cash? Does Congress still write the laws and appropriate funds, or does the president now do these things on his own?
Is the president required to tell the truth? Is the government required to tell the truth? Why is it that the government can lie to the people but it is a crime to lie to the government? Does the government work for us, or do we work for the government? Does the government know more about us than we do about it?
What happens when the government is untruthful and the people believe it? Isn’t truth the essential bond between the government and the governed in a free society? Doesn’t the government derive its just powers from the consent of the governed? What happens when the government does things to which the governed have never consented?
Are life, liberty and the pursuit of happiness truly inalienable individual rights that every person has because they are integral to our humanity, or are these words just Thomas Jefferson’s musings written to arouse a reluctant public to challenge a king? Was the bloody revolution that was brewing on the east coast of North America 250 years ago a just war?
If the colonies could justly secede from London, why can’t the states justly secede from Washington? Is the right to leave the government without surrendering your property not a natural right integral to our humanity? What happens if you tell the government to take a hike?
Can the president terrify the whole country by threatening to wipe out an entire civilization across the globe? Why do presidents kill innocents?
Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, was the senior judicial analyst at Fox News Channel and hosts the podcast Judging Freedom. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is Suicide Pact: The Radical Expansion of Presidential Powers and the Lethal Threat to American Liberty. To learn more about Judge Andrew Napolitano, visit here.
Published by permission of the author.
COPYRIGHT 2024 ANDREW P. NAPOLITANO
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The views expressed are solely those of the author and may or may not reflect those of Consortium News.
Judge, you ask the questions that we all should be considering, discussing. However, one stopped me for a moment:
Can the president morally bomb civilians “into the Stone Age” in a country where the civilian population has little control over the government? Why kill or ruin large numbers of civilians whose liberation you have urged?
Might I respectfully suggest that, regardless of whether or not a large portion (or small portion) of any population supports or has nay control over its government’s policies/actions, civilians/populations should never be considered for destruction in any manner whatsoever. Tempting as it might be. Perhaps the question to asked is: Can the president morally bomb civilians “into the Stone Age.”
I believe we must all be aware of the our emotions being aroused and overcoming prudence, morality.
What we have is a scab, corporatist, warmongering government since the Trade Unions were seized by fascist leaders. We need solidarity and strikes for the Common Good again.
How can a president withdraw from a treaty that has been ratified by the Senate without first obtaining a reversal of that ratification vote?
And could a president decide to run for a third term in spite of it being prohibited by the constitution?
Thank You Judge Napolitano, for a reminder of all the right questions that should currently be filling every sane American’s mind.
Welcome to the hotel New Word Order. “You can check out any time you like, but you can never leave”.
History shows us what happens to countries that abandon their laws and descend into chaos and anarchy, and it appears that the USA is now well established on that downward trajectory.
Those of us outside the USA wouldn’t mind so much if it didn’t impact so heavily on the rest of the world, but the USA seems determined to drag us all down with it.
No amount of false pride, hubris, and distorted value systems can justify the harm caused by the US since becoming the global hegemon.
It has never been a force for good, despite the good intentions of a few. Now that the mask is off, the awful truth has become obvious to everyone. Nobody can deny it anymore.
Thanks to Judge Napolitano for this powerful, insightful, and imaginative Socratic inquiry!
Judge Napolitano. As great admirer I have to ask, what country do you think you live in? The United States of America? You ask all the right questions. But the current answers tell us that the USofA is no more. What remains is those of us old enough to have a memory of the former place. I for one, as do you (to a much much greater extent) have embarked on doing what I can to move the ignorant to action. I find action an antidote to despair, which like a hungry wolf, haunts both my waking and sleeping hours.
El problema con esas preguntas es que suponen que las “decisiones” del poder ejecutivo son autónomas e independientes. La verdad es que las decisiones están influenciadas y condicionadas por oligarquías. Y lo mismo sucede con los otros poderes del Estado.
Más bien los funcionarios de los poderes del Estado están decidiendo avalar decisiones ajenas a los intereses que esos poderes debieran representar.
Is there a clause on the Constitution allowing one branch to delegate to or trade its powers with another branch?
“Do elections change anything?” Yes. The Candidate’s access to the donors’ & their money. Hence,”The Status Quo” i.e., Elections, the US Congress, SCOTUS, POTUS, The WH of Voodoo, “Have got to Go!” These “problems” built in sand, are being identified, NOT to destroy “U.S.;” but, to show us where to build on stone. IMO, “We”, too,” the people of the Divided States of Corporate America” *“are occupied.” Living “Free” under siege by the “devil” the Middle East knows. The ‘Devil,’ “we” all know. It is an evil that must be driven out to save plant, animal & human life. Planet Earth Is NOT For $ale!!!
“Can the president morally bomb civilians “into the Stone Age” in a country where the civilian population has little control over the government?” Yes. U.S. Presidents have been doing just that, for f/decades! What the flock did Biden-Harris ever “Build Back Better?” However, BHObama’s built himself a library. “Opening, Soon!” IMO, archive The US Constitution, etc., there! Everybody, knows, spreading “democracy” as is always the very archaic & repugnant script!
… “And if you go chasing rabbits; And, you know you’re going to fall. Tell ’em a hookah-smoking caterpillar has given you the call. He called Alice. When she was just small.” Jefferson Airplane (1967).
Today, 4.10.26, “flying, by the seat of his pants on f/fire,” BB’s B*tch’s musings about excursions & skirmishes, “the Israeli war in Lebanon is “not included” in the ceasefire deal with Iran, adding ‘that’s a separate skirmish,”are f/indefensible!
PEOPLE, bear in mind, Patrick Lawrence called it! *“The Israelis are famous for preferring to ask for forgiveness, AFTER the fact, rather than permission BEFORE the fact. That’s the way they always operate.” TY, Patrick Lawrence.
Basically, this whole 3-D society, The US Constitution, The Declaration of Independence, The Bill of Rights, so good on paper, overflowing w/promises, “prosperity for all” aka human rights; & way f/under delivering. The “Supply Chain,” no doubt, has been railroaded by The Patriot Act, The Countering Foreign Propaganda & Disinformation Act, May, 2016, The Dept of Homeland $ecurity, POTUS’ Executive Orders, The ICEY Kingdom, etc., overflowing w/Deception, Destruction, Death; and, an off the f/rails, “Lack of Trust.” Hence, “The Gulf” yes, sir,” the Middle East’s Statesmen, Diplomats will NOT “Meet w/“Lucifer”. Revising, Joe Lauria’s quote, *“Gucifer 2, one day, will meet his maker, Lucifer.”
… “When logic and proportion have fallen sloppy dead; And, the White Knight is talking backwards; And, the Red Queen’s off with her head, Remember what the dormouse said, “Feed your head. Feed your head,” i.e.,
* Chris Hedges/Farah El-Sharif, 2.7.25, “Endemic spiritual death” — Farah El-Sharif on this time of harrowing dehumanization of Muslim communities worldwide by a global Western war of terror.” @ hxxps://consortiumnews.com/2025/02/07/the-chris-hedges-report-arab-regimes-the-betrayal-of-palestine/
*Joe Lauria, Ray McGovern, Patrick Lawrence, 3.7.26 “The World This Week” @ hxxps://consortiumnews.com/2026/03/07/watch-the-world-this-week-w-ray-mcgovern-2/
* Max Blumenthal on the Israeli network in the White House” @ hxxps://m.youtube.com/watch?v=nwsarCIu-8M&pp=ugUEEgJlbg%3D%3D
TY, Judge Napolitano. “Keep It Lit!”
The answer to all your questions Mr Napolitano is because this is western European democracy at work exercising western European values.
Marco Rubio recently gave a speech describing both the reasons and intent. We need to take pride in our values. Just as our forefathers, the barbarians surrounding human civilization, were proud to overrun that civilization. Swords and guns matter, laws are for the weak. Find an empty skull and drink a toast to the power of the gun. The true values of white Europeans.
I’ve shared this article with the following introduction, necessary because Facebook “prohibits” my posting of anything from Consortium News:
The following are a series of existential questions for democracy and the rule of law in the United States of America. To some of us the answers are obvious. Unfortunately, to many otherwise decent people, many of them members or former members of the United States armed forces, others profoundly religious Christians, primarily Protestant, the questions are irrelevant. They have pledged their lives and their sacred honor to a Führer und Reichskanzler of their own who they love and will follow, come Hell or high water. The questions contained in an article published by former judge and news analyst Andrew P. Napolitano (see brief biographical squib at the end) entitled “Killing & Indifference” published in Consortium News, Volume 31, Number 98 on Friday, April 10, 2026. Because Facebook “prohibits” the posting of articles from Consortium News I have copied and reformatted the article for your use. Please consider the questions seriously and reflect on what the United States has become.
“Kudos” to you! The absolute right thing to do, “Raising “everyone’s” consciousness, to a higher level!” Oh, Yeah!!! One day, collectively, “we” affirm, “I, Am, ‘Consciousness.”
As, well, props for the “work-around’: “copied and reformatted” the article, for your use.” OMG, the “preface” to the Article, is on f/point. Outstanding!!! I don’t Facebook; but, “many people” do. So, yeah! “Keep It Lit! TY.
Judging Freedom Counterpoint. A Lay, Brief Preparation of the Case:
The one individual who has constantly abused the right of entitlement to due process is the now President of ‘United’ States of America – for a second time, although apparently, this is not materially obvious to the author of the pie in the sky “exposé”.
In this case, at this juncture in the process of American jurisprudence, the question: “Aren’t even those who would cause great harm entitled to due process?” is fatuous at best.
What is the legalese regarding a person who has been convicted 34 times of egregious felonies, yet no punishment has ever been administered? Is this the reality of the personal freedom the Judge refers to or is it the myth of “equal justice for all” in America?
“Can the president kill people whom he suspects might commit a crime?”
Hasn’t this felon been doing just that in Iran? What is the death toll, so far, of all the innocents?
“Isn’t there no such thing in American jurisprudence as a presumption of guilt?” Ha! Ha! The judge must be jesting!
Apparently, in American jurisprudence – solidly underpinned by plutocracy, there is such a thing as ‘presumption of innocence’, despite the untoward facts having been proven. All depends on one’s social standing/status within the social hierarchy.
A Pandorian Question: Are libertarians the equivalent of plutocrats?
AI Overview:
[While libertarians and plutocrats are distinct concepts, critics often argue that libertarian policies function as an engine for plutocracy by allowing concentrated wealth to dominate society. Libertarians advocate for minimal government and absolute property rights, while plutocrats are the wealthy elite exercising power. Their alignment is a subject of intense political debate.]
Aggravation and frustration is such right now, that this commenter has to cease, and go and put a finger down his throat… what comes up next is too scary to further contemplate!