Andrew P. Napolitano

Gitmo and torture revisited

America's longest current criminal prosecution is in its 15th year, on its fifth judge, and still has no trial date.

June 3, 2026

Government spying turns every American into a suspect

Some recent legal challenges to the Department of Homeland Security's surveillance of Americans have revealed truly terrifying behavior by the government.

May 27, 2026

Do we still have a Constitution?

This week, President Trump announced that he plans to give away tax dollars without congressional or judicial authorization to friends and allies who he believes were mistreated by President Biden.

May 20, 2026

U.S. military has ended over 190 lives in the Caribbean, Pacific

"It is forbidden to kill; therefore all murderers are punished unless they kill in large numbers and to the sound of trumpets."

May 13, 2026

The Comey indictment and free speech

In 200-plus years of interpreting the free speech clause of the First Amendment, the courts have narrowed and expanded its scope.

May 6, 2026

Trump’s surveillance state

The Fourth Amendment protects all people from warrantless government searches and seizures of their persons, houses, papers and effects.

April 29, 2026

A secret act of judicial tyranny

In a famous Supreme Court one-liner, Justice William J. Brennan Jr. is reputed to have said that the Constitution means whatever any five of us say it means.

April 22, 2026

FISA 702 expands government surveillance power at expense of constitutional privacy

When the Bill of Rights was being crafted, it was left to James Madison to articulate the values that would insulate the inalienable rights of all people from government negating freedom.

April 15, 2026

Easter offers hope and freedom in a world shaped by expanding government control

When American Colonists were oppressed by British monarchs, the word most frequently uttered in pamphlets, editorials and sermons was not "safety" or "taxes"; it was "freedom."

April 1, 2026

The case against Trump’s war on Iran

War is the most horrific series of events that any government can engage in. It is systematic, industrialized, indiscriminate killing.

March 25, 2026

Free speech faces new pressure as Trump’s FCC targets media coverage

The chair of the Federal Communications Commission recently threatened to rescind the broadcast licenses of media outlets that don't relate world events the way the administration would like.

March 18, 2026

Pegasus spyware and Section 702 surveillance place the Fourth Amendment under siege

During the first Trump administration, the FBI quietly spent $5 million on Pegasus, an Israeli-developed software product known generically as "zero click."

March 11, 2026

Trump’s unjust, unconstitutional war with Iran

This weekend, some apologists for President Trump's attacks on Iran argued that because the plans called for a quick strike, the attacks do not constitute a war.

March 4, 2026

Trump’s drug war at sea raises grave constitutional and moral questions

When President Trump first announced that he had ordered the Pentagon to attack fishing boats and speedboats on the high seas, many of us perceived it as truly criminal and utterly scandalous.

February 25, 2026

Court ruling weakens constitutional limits on ICE

"Freedom has more often been lost in small steps by progressive incrementalism than it has been by catastrophic upheavals such as violence or war." -- James Madison (1751-1836)

February 18, 2026

The coming constitutional ICE age

This fall, during the opening of the United Nations in New York City, I recognized the face of a federal officer from his days working in law enforcement in New Jersey and mine working as a trial judge.

February 11, 2026

Does the U.S. still have a Constitution?

Legal scholars have many lenses through which to examine the Constitution.

February 4, 2026

ICE violence in Minneapolis exposes a psychotic government’s power grab

Last week, a half dozen masked and unidentifiable U.S. Immigration and Customs Enforcement agents killed a 37-year-old federal employee, a nurse.

January 28, 2026

The American police state has arrived

In recent days, the government in America has not only failed to protect the freedom of speech but also has attacked it.

January 21, 2026

Trump’s view of presidential power collides with America’s constitutional design

In a scene in Robert Bolt's play "A Man for All Seasons," about the treason trial of St. Thomas More, More argues with the attorney general of Wales about the law.

January 14, 2026