Liberty Maven

In 2005 Judge Andrew Napolitano gave an interview to Reason Magazine’s Nick Gillespie promoting his new book (at the time) “Constitutional Chaos“. In the interview he outlines the progression of liberty lost in America.

His explanation demonstrates the incremental steps taking us from freedom towards tyranny. The next time someone attempts to argue with you about having to sacrifice liberty for safety point them to this interview.

Reason: What’s your case against the USA PATRIOT Act?

Napolitano: Let’s put aside all of the procedural problems with enacting it. Forget about the fact that there was no debate. Forget about the fact that most members of Congress didn’t even have an opportunity to read it. It is a direct assault on at least three amendments to the Constitution: the First Amendment, the Fourth Amendment, and the Fifth Amendment. The PATRIOT Act legitimates the notion that if we give up certain freedoms, the government will keep us safer. I reject that notion from a moral and legal point of view. I also reject it from a practical point of view. It doesn’t work. The government doesn’t need our freedoms to keep us safer. No one–no lawyer, judge, or historian–can point to a single incident in American history where national security was impaired because someone insisted on their right to free speech or their right to privacy or their right to due process.

The PATRIOT Act encourages what the government calls “national security letters”–basically, self-written search warrants. It violates the Fourth Amendment, which prohibits self-written search warrants. The PATRIOT Act and two of its predecessors, the Foreign Intelligence Security Act of 1977 [FISA] and the Electronic Privacy Act of 1986, authorized the government to obtain search warrants by bypassing [longstanding tradition in] the courts. Today an FBI agent investigating a person need only satisfy her or himself that the person under investigation is a threat to national security. The agent doesn’t have to demonstrate evidence to a judge.

The Judge can authoritatively articulate our loss of liberty better than anyone and that includes Ron Paul. It is a shame he is beholden to FOX News and cannot show bias about candidates he supports. It is pretty obvious that he is a Ron Paul supporter after his rousing introduction of Ron Paul last year, calling him the “Thomas Jefferson of our day”.

He deserves a medal for doing his radio show along side neocon torture supporter and warmonger Brian Kilmeade without choking him.

Read the great full interview with Judge Napolitano here.