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Andrew Napolitano

Can the president legally break the law?
03/21/2019 - 7:02pm
Andrew Napolitano
PRESIDENTIAL LAWLESSNESS: March 21, 2019 “When the president does it, that means that it is not illegal.” — Richard M. Nixon (1913-94) Legal scholars have been fascinated for two centuries about whether an American president can break the law and remain immune from prosecution. During the Civil War, Abraham Lincoln ordered troops to arrest, without warrant, and incarcerate,...
Can Congress amend the Constitution?
Andrew Napolitano 03/14/2019 - 8:22pm
EMERGENCY DECLARATION: March 14, 2019 “Emergency does not create power. Emergency does not increase granted power or remove or diminish the restrictions imposed upon power granted or reserved. The Constitution was adopted in a period of grave emergency. Its grants of power to the federal government and its limitations of the power of the...
President Trump’s bad week
Andrew Napolitano 03/11/2019 - 2:17pm
TRUMP PRESIDENCY: March 7, 2019 In an ideal world, the president of the United States would succeed in negotiating a nuclear arms treaty with a foreign government — and do so with full congressional support; his lawyer would respect the attorney-client privilege and not reveal confidences publicly; Congress would abide the old adage that...
‘Gun violence is the real emergency’
Andrew Napolitano 02/28/2019 - 8:46am
EMERGENCY DECLARATION: February 28, 2019 Earlier this week, House Speaker Nancy Pelosi told a group of supporters and journalists that in her view, gun violence is the real emergency. Such a statement, in the context in which she made it, should send shivers down the spines of all who believe in personal liberty protected by the Constitution....
Trump’s brazen unconstitutional overreach
Andrew Napolitano 02/21/2019 - 12:42pm
PRESIDENTIAL OVERREACH: February 21, 2019 Last week, President Donald Trump followed through on a threat he had been making for months. It was not a blistering or insulting tweet. It was not an attack on the press or congressional Democrats. It was an attack on the Constitution. Here is the back story. In 2015, Trump began offering that as...
The president and chilling free speech
Andrew Napolitano 02/17/2019 - 3:46pm
FREE SPEECH: February 14, 2019 While the public discourse has been consumed over the realization that abortion physicians actually let viable babies who survive late-term abortions die — as well as whether President Donald Trump or House Speaker Nancy Pelosi will blink first over the issue of congressional authorization for building a wall...
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