Author Archive | Andrew P. Napolitano

Obamacare Is Clearly Unconstitutional

Late last week, President Donald Trump signed an executive order directing the secretaries of the treasury and health and human services to cease making payments to health care insurance companies in behalf of the more than 6 million Americans who qualify for these payments under the Patient Protection and Affordable Care Act, commonly known as […]

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The Menace of the Progressives

Editor’s Note: Murray Rothbard’s new masterwork, The Progressive Era, is now available for purchase. Judge Napolitano’s preface below speaks to why the Progressive Era is so key to our understanding of modern America. This is the first of many selections from the book we will be offering at mises.org in the future.  When I was in my junior and […]

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Taking a Knee

“The constitutionally guaranteed ‘freedom to be intellectually … diverse or even contrary,’ and the ‘right to differ as to things that touch the heart of the existing order,’ encompass the freedom to express publicly one’s opinions about our flag, including those opinions which are defiant or contemptuous.” — Supreme Court of the United States in […]

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Can the Government Keep Us Safe?

Here we go again. The United States has been rattled to the core by an unspeakable act of evil perpetrated by a hater of humanity. A quiet, wealthy loner rented a hotel suite in Las Vegas, armed it with shooting platforms and automatic weapons, knocked out two of the windows, and shot at innocents 32 […]

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Weird Odyssey

The weird odyssey of President Donald Trump’s travel bans continues. The original ban, signed as an executive order Jan. 27, barred absolutely all immigrants and refugees from seven predominantly Muslim countries. The countries had actually been chosen by the State Department of former President Barack Obama. Obama never signed a ban, but Trump did. The […]

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Why Does God Permit Natural Disasters?

Like many Americans during the past three weeks, I’ve been bombarded by news about the destructive power of Hurricane Harvey in Texas and Hurricane Irma in Florida. The stories are of misery, death and destruction. The misery, death and destruction are acutely difficult to accept because they have been visited upon innocents. I say that […]

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The Rule of Law

Earlier this week, Attorney General Jeff Sessions announced that in six months, the Department of Justice will begin the long process for deportation proceedings against 800,000 young people who came to America as babies and young children in the care of their parents and others because those entries into this country were and remain unlawful. […]

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Is the Rule of Law an Anachronism?

Amid the bad news this summer of racial tensions in Charlottesville and biblical-like floods in Houston and preening saber rattling between Pyongyang and Washington, a dangerous below-the-radar trend has been developing about which all who believe that the Constitution means what it says should be concerned. It is the reckless influence upon local law enforcement […]

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If You Can’t Change Your Mind

On the heels of his worst week in office, during which his crude comments about race were widely perceived as defending racism and hatred — comments that sent some of his natural domestic allies fleeing — President Donald Trump could not bring himself to articulate a mea culpa. Instead, he purported to defend as “some […]

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Freedom for Speech

Last weekend, serious violence broke out in Charlottesville, Virginia, when a group of white supremacist demonstrators was confronted by a group of folks who were there to condemn the message the demonstrators had come to advance. The message was critical of the government for removing a statue of Gen. Robert E. Lee from a public […]

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Must Cities Enforce Federal Laws?

Earlier this week, the Trump Department of Justice told the mayor of Chicago that it would cease funding grants to the Chicago Police Department that had been approved in the Obama administration because Chicago city officials were not cooperating with federal immigration officials. The DOJ contended that Chicago officials were contributing to lawlessness by refusing […]

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Most US Spies Are Enemies of Freedom

What if the federal government captures in real time the contents of every telephone call, email and text message and all the fiber-optic data generated by every person and entity in the United States 24/7/365? What if this mass surveillance was never authorized by any federal law? What if this mass surveillance has come about […]

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