Category: Constitution

What the US Founders Feared Most

Trump’s constitutional breaches are enough to rouse James Madison from his grave, writes Andrew P. Napolitano. On top of all that comes “The Kavanaugh Stop.”

Trump’s Attempt to Abridge Free Speech

Andrew P. Napolitano responds to a memo by Donald Trump calling antifa — which is an ideology — a domestic terrorism “organization” and directing federal law enforcement to disrupt its gatherings.

Can Trump Impose Taxes on Americans?

Questions before the Supreme Court ask if Congress delegated away to the president the power to tax under the rubric of tariffs. If it did, was that delegation constitutional?  Judge Napolitano explains. 

Jailed in America for Free Speech

Andrew P. Napolitano says making up crimes where none exist and arresting without investigation — as was the case with Larry Bushart — are crimes in and of themselves.

Due Process & Trump-Ordered Murder

After a hitch in the administration’s speedboat-killing operations, there are now living plaintiffs with standing to challenge the president’s authority, writes Andrew P. Napolitano.

When Presidents Kill

No law permits — and prevailing U.S. judicial jurisprudence absolutely prohibits — summary murders of people not engaged in violence, at sea or anywhere else, writes Andrew P. Napolitano.