Congress defied the plain meaning of the Fourth Amendment when it said data gathered by warrantless surveillance under the Foreign Intelligence Surveillance Act could be used by the F.B.I. for prosecution purposes, writes Andrew P. Napolitano.
In a liberal democracy, the government can only morally do what the governed have affirmatively authorized it to do, writes Andrew P. Napolitano. This is not the case with Trump’s war on Iran.
The government is threatening to change the FCC’s equal-time rule and even put broadcast giants out of business because they may paint the war in Iran in an unflattering light, writes Andrew P. Napolitano.
If the U.S. gets into the business of congressional ratification of presidentially initiated wars, it will continue the slow and inexorable normalization of presidential force, writes Andrew P. Napolitano. That’s not what the Constitution requires.
Chilling is as unconstitutional as silencing, writes Andrew P. Napolitano. And when the feds conscript private entities to do for them indirectly what the U.S. Constitution prohibits them from doing directly, that’s chilling.
The U.S. government, like authoritarians throughout history, is seeking to silence the speech it hates and fears, writes Judge Andrew P. Napolitano.
The catastrophe we all witnessed in Caracas — the result of expanding presidential power — is a body blow to the U.S. Constitution, writes Andrew P. Napolitano.
Nothing will chill Tucker Carlson’s exercise of the freedom of speech, writes Andrew P. Napolitano. But that does not absolve Chuck Schumer and the U.S. Senate.
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.”
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.