Judge Napolitano should be nominated to the Supreme Court

He was on Bloomberg a month ago and did a great interview:

Here's part 1



Part 2 and Part 3

The Tyranny of the State

William Anderson writes about Judge Andrew Napolitano and his book "A Nation of Sheep":

After his introduction, in which Napolitano clearly lays out his thesis, he then explains the natural rights origin of freedom, and how many of the founders of the United States held to a natural rights position. Law, in their view, existed to protect individual liberties from those who would deny them. Today, the deniers of liberty are those legally entrusted to protect it.

Napolitano quotes Benjamin Franklin, who certainly knew something about a natural rights origin of law: "Those who give up essential Liberty, to purchase a little temporary Safety, deserve neither Liberty nor Safety." The judge explains that people who are willing to give up liberty are giving power to a government that will take away the rest of their liberties, and make the people even more unsafe, as a predatory government never brings safety.

In his first chapter, Napolitano takes issue with legal positivists, who seem to dot the political landscape these days. I remember speaking to a True Believing socialist who held a high place in President Jimmy Carter’s government, as he told me, "The Constitution is whatever the Supreme Court says it is."

Certainly, it seems that legal positivism holds sway. From the writings of Judge Richard Posner to the Federalist Society to the New York Times to the leaders of both major political parties (or the "Republicrats or Democans"), the idea of natural rights and natural liberty seem not only passé, but also downright subversive to Good Government. Even though politicians will make passing remarks about individual rights and Constitutional government, nonetheless they govern as legal positivists who do what they want whenever they have enough weapons to back up their positions.

Read the rest of it here.

Judge Napolitano should be nominated to the Supreme Court (part deux)

Here is Judge Andrew Napolitano's keynote speech at an event called Reason in DC.
It's 40 minutes of Constitutional history. Brilliant.

Ron Paul Radio: Andrew Napolitano phone interview

Over at Liberty Maven, they have a 50 minute interview that Judge Andrew Napolitano did at Ron Paul Radio. He talks about his great new book "A Nation of Sheep", the erosion of civil liberties, and of course, Ron Paul. Among the highlights:

His anecdote about the unnamed Congressman who voted for the Patriot Act, without even reading it.

The "satanic" bargain (yes, he uses that word) that the federal government poses to us.

The difference between "natural" law and "positive" law.

His take on the Terri Schiavo case.

The use of the Authorization of Use of Military Force (AUMF) and its dubious constitutionality.

This interview has a permanent place on my hard drive and my phone it's so good.

Judge Napolitano should be nominated to the Supreme Court

Judge Andrew Napolitano monologuing on Fox News talking about his book "A Nation of Sheep".



I don't know why the poster of this clip felt the need to zoom in on the picture and add echo (an effect that reminds me of a commercial for a monster truck rally) but I'm too lazy to look for a different version.

Napolitano: Let's Turn the Cameras Back on the Government

Pilfered in it's entirety from Lewrockwell.com:

I just finished Judge Andrew Napolitano's great new book, A Nation of Sheep, which I recommend without reservation. A full review is forthcoming, but in the meantime, I especially liked this passage about government cameras:

Why should government agents spy on us? They work for us. How about we spy on them? On cops when they arrest and interrogate people or contemplate suspending freedom; on prosecutors when they decide who to prosecute and what evidence to use; on judges when they rationalize away our guaranteed rights; and on members
of Congress whenever they meet with a lobbyist, mark up a piece of legislation, or conspire to assault our liberties or our pocketbooks.

LRC readers will also appreciate this paragraph from the same chapter, answering the question, "Where Do We Go From Here?"

At this writing, sixteen politicians are competing nationally to replace President Bush; there are eight Democrats and eight Republicans. With the exception of Ron Paul (R-TX), in terms of fidelity to the Constitution, it does not matter which one of them wins. Except for Congressman Paul, they all love power for its own sake, believe that Big Government should redistribute wealth, regard the Constitution as a quaint obstacle, and would enforce or disregard laws as they saw fit; all this, without regard to our history, our values, or our natural rights.

Wolves and Sheep

Judge Andrew Napolitano, legal analyst and a regular on Fox News has a new book out called "A Nation of Sheep". Andrew Young has an overview at LewRockwell.com:

Judge Napolitano dedicates a significant portion of his book to detailing the Bush Administration’s assault on the Fourth Amendment, which protects Americans from unlawful searches and seizures of their homes, person, and property. He perceptively notes that one of the main justifications for the American Revolution was the British policy of allowing soldiers to conduct searches by simply writing their own warrants. The Framers specifically outlawed this practice when they adopted the Fourth Amendment, which bans searches and seizures unless a judge has signed a search warrant.