Andrew P. Napolitano

“Congress shall make no law ... abridging the freedom of speech.”-- First Amendment to the U.S. Constitution

Here is a pop quiz: If the states ratified an amendment to the Constitution repealing the First Amendment, would we still enjoy the freedom of speech? That depends on which value prevails: Are our rights only what lawmakers have written down, or are they personal attributes immune from government reach?

When James Madison was crafting the First Amendment, he insisted that the word “the” precede “freedom of speech” in order to manifest the Framers’ belief that the freedom of speech pre-existed the. . .

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War and Honesty

Can the president fight any war he wishes? Can Congress fund any war it chooses? Are there constitutional, legal and moral requirements…

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