Category: Constitution

War & the Constitution

Congress has not declared war on Iran; nor has it authorized the use of U.S. military forces against it, writes Andrew P. Napolitano. Yet the White House says it is sending around 100 troops to Israel.

The Government Compels Silence – Again

The government knows how to evade an uncomfortable constitutional provision or High Court opinion, writes Andrew P. Napolitano regarding a case involving Donald Trump, Jack Smith and Elon Musk.

Deal or No Deal?

In a traditional trial of the Gitmo defendants, versus a plea agreement, George W. Bush et. al. could be indicted and tried in foreign countries for war crimes, writes Andrew P. Napolitano.

A Brief History of Free Speech in America

When the feds claim that articulating views of the war in Ukraine from a Russian perspective is somehow criminal they ignore the core purpose of the First Amendment, writes Andrew P. Napolitano.

Gitmo & Politics

Andrew P. Napolitano on a state of affairs unheard of in American jurisprudence, where judges don’t have bosses telling them what guilty pleas to accept and what to reject.