Category: U.S. Supreme Courrt

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. 

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.

Can the US President Impose Taxes?

Andrew P. Napolitano responds to the U.S. government’s appeal of a lower court ruling that found Trump’s unilateral imposition of tariffs on certain goods unconstitutional.

American Authoritarianism

Torture, rotating judges and prosecutors and incarceration for a generation without charges or trial are all hallmarks of an authoritarian government, writes Andrew P. Napolitano.