Andrew Napolitano

2 weeks ago | njherald.com | Andrew Napolitano

4-minute readAndrew P. NapolitanoSpecial to the USA TODAY NetworkThe British government's use of general warrants, allowing searches of colonists' homes without specific cause, contributed to the American Revolution. The Fourth Amendment, designed to protect the right to privacy and property, requires probable cause for government searches. The author argues that the probable cause standard is insufficient, as natural rights should supersede government needs.

2 weeks ago | washingtontimes.com | Andrew Napolitano

OPINION: A recent Supreme Court oral argument about the liability of the FBI for invading and terrorizing the wrong home has brought to mind the dark and dangerous history of law enforcement. The practice of British agents rummaging through the private possessions on the private property of anyone against that person’s will was a significant contributing factor to the American Revolution.

3 weeks ago | judgenap.substack.com | Andrew Napolitano

What if the writ of habeas corpus has been guaranteed to the British since 1215 and to Americans since 1789? What if this encompasses the right of every person who is confined by the government against his or her will to compel the jailer to justify the confinement before a neutral judge? ​What if this right is personal and individual and applies to all persons at all times? What if the right can be exercised by anyone who is arrested, whether it be for spitting on the sidewalk or murder?

3 weeks ago | njherald.com | Andrew Napolitano

Habeas corpus, the right to challenge unlawful detention, has been a cornerstone of legal systems since 1215 in Britain and 1789 in the U.S.Historically, even British monarchs recognized habeas corpus, but its application in the American colonies was inconsistent, fueling the American Revolution. The U.S. Constitution enshrines habeas corpus, though it allows for suspension during times of invasion or rebellion that severely disrupt court proceedings.

3 weeks ago | original.antiwar.com | Andrew Napolitano

Among the lesser-known holes in the Constitution cut by the Patriot Act of 2001 was the destruction of the “wall” between federal law enforcement and federal spies. The wall was erected in the Foreign Intelligence Surveillance Act of 1978, which statutorily limited all federal domestic spying to that which was authorized by the Foreign Intelligence Surveillance Court. The wall was intended to prevent law enforcement from accessing and using data gathered by America’s domestic spying agencies.