Home » The Constitution » Presidents & Congress Ignoring the Constitution – Judge Napolitano

Presidents & Congress Ignoring the Constitution – Judge Napolitano


Is the government we have today what the founders had in mind? Everyone in government takes an oath to uphold the Constitution, but few do so. Beginning with John Adams, and proceeding to Abraham Lincoln, Woodrow Wilson, and George W. Bush, congress has enacted and the President has signed laws that have criminalized political speech, suspended Habeas Corpus, compelled support for war, forbade the freedom of contract, allowed the government to spy on Americans without a search warrant, and use tax payer dollars to shore up failing private banks. All of this legislation is so obviously in conflict with the plain words of the Constitution, that one wonders how Congress gets away with it. The truth is, that the Constitution grants Congress 17 specific delegated powers, and commands in the 9th and 10th Amendments, that the powers not articulated and thus not delegated by the Constitution to the Congress, must be reserved to the states and the people. What’s more, Congress can only use it’s delegated powers to legislate for what we call the general welfare. Meaning it cannot spend tax dollars on individuals or selected groups, but only for all of us. And, Congress cannot deny the equal protection of the laws, thus, it must treat similarly situated entities in a similar manner. It is clear that the framers wrote a constitution, as a result of which, contracts would be enforced, risk would be real, choices would be free and have consequences, and private property would be

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25 comments on “Presidents & Congress Ignoring the Constitution – Judge Napolitano

  • @treon123456 …how could anyone argue with an analysis as sophisticated and calmly reasoned as the one you present? you must have passed the third grade, potty mouth division, with flying colors…now go play in traffic where you belong, troll-boy.

  • @hznfrst …fk obama..he broke every promise he made to you..suck ass! he vvouldnt amount to a vvart on napolitanos ASS!i doubt you even knovv vvhat a ‘Constitutional Scholar’ is! obama=banker ovvned traitor! get some storable food and a vvater filter asshole…your MESSiahs helpin crashin our economy for the globalists that put him in office!

  • Awesome video. Mini con law in five minutes.

  • This happened during FDR and the New Deal. 30+ provisions in the New Bill were found unconstitutional.

  • The Constitution does not give Congress the power to require that Americans purchase health insurance. Congress must be able to point to at least one of its powers listed in the Constitution as the basis of any legislation it passes. None of those powers justifies the individual insurance mandate.
    What ever powers not delegated to Congress in the 9th and 10th amendment are delegated to the states.
    This all effects checks and balances and separations of power. Giving Congress more powers.

  • DigitalPraise7

    May 27, 2010 at 5:56 am

    test

  • maybe that is because you dont actually watch Fox news and just watch slander videos taking things out of context.

  • I’m surprised this is Fox News. thety’re usually conservative, and racist

  • President Obama is a Constitutional scholar only in that he despises both — and spends every day finding new ways to trample both in his manic zeal to transform the U.S. from the freedom-loving home of free enterprise and self-reliance into a one-party totalitarian socialist police state. After all, that’s the goal of his financier and puppeteer, George Soros. Keep in mind that Nazi is short for “National Socialist.” His far-left pals won’t be happy until Obama crushes free speech and thought.

  • truthfreedom4all

    May 27, 2010 at 7:48 am

    Oh I’d love to see that one. I’d even pay money for it. Napolitano has forgotten more about the Constitution than Obama will ever learn.

  • I’ve read just about all of what people have said here and this is what I have to say: We the People OWN this country. Not the government. The govt. ( Our Employees ) aren’t following the “Rule of Law”. If you’re at work and don’t follow the simple rules there, what happens? YOU GET FIRED!!! So, why aren’t these fascist boneheads being arrested? I’ll tell you why. Because the American People haven’t gotten PISSED…Yet. But they will. Oh..and Evictor09: You call us Whitey. You’re a n*gger!! FY!!

  • freeaprilgriffin

    May 27, 2010 at 8:24 am

    Sad. With a stroke of a pen Obama can make change. In Milwaukee, Wisconsin, Obama , while in Green Bay could have freed April Griffin, a rape and domestic violence victim, with no criminal record her baby Jesse was taken from her violently by police, they broke her baby bones, paralyzed her and gave the baby to the Ugandan rapist-who bribed the judge, he -the rapist told April what he was going to do-and yet Congress can help bring a boy back here from Brazil, but cant help a boy on its on soil?

  • way2muchenergy

    May 27, 2010 at 8:55 am

    1. this is Fox News, the most twisted conservative news station I know.

    2. Our government has had to change. Why? Because America’s culture, society, and economics have changed.

  • All Democrats do this. Making up what they want for they’re own gain is what they always do.

  • Then why is Obama breaking the law?

    Did he flunk his Constitution classes?

  • President Obama is a Constitutional scholar and would wipe the floor with this halfwit!

  • How do you legalize economic equality without coverting to a socialist system? Taking money from someone to give it out to someone else is the equivalent of stealing.

  • jesus christ, this guy is talking about water and toilets and drinking alcohol before u drive

    does he not know that state and loca lovernemnts have the right to “give up their power” to the federal government if they so chose

    even though taht is not the case, but his whole unconstitutional argument is so bogus

  • LOL

    this guy is just glen beck with a law degree

    this ppl are clining to their “founding fathers” nonsense,

    it doesn’t matter what the founding fathers intended, all that matters is what is written in the constiution.

    clearly, if u have unpopular ideals, u would claim that somehow the founding fathers intended it to be this way as to give ur viewpoint more credibility

  • Fox News? Fantastic. Without even watching the whole video, I can tell you right now that it’s full of crap

  • Back2BackJack

    May 27, 2010 at 11:54 am

    Liberals are okay with that because Barack Obama did it. When Bush did it, he was Hitler. Obama does it, he’s the Messiah.

  • SlowRealization

    May 27, 2010 at 12:30 pm

    American government to big to fail, to big to succeed.

  • kurtisfolkerth

    May 27, 2010 at 12:38 pm

    ummm….you are high and a moron

  • Barack Obama voted for the Patriot Act genius.

  • As the judge said, “as long as they can get away with it”. Time is running out for the crooks in government. Once people have nothing left to lose, rising up is all that is left.

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