Reason interviews Andrew Napolitanoby Jason Pye
Fox News contributor Andrew Napolitano recently gave an interview to Reason magazine to promote his new book, A Nation of Sheep. I have to say that this is one of the best interviews I’ve read in a very long time.
On the USA PATRIOT Act:
The Patriot Act’s two most principle constitutional errors are an assault on the Fourth Amendment, and on the First. It permits federal agents to write their own search warrants [under the name “national security letters”] with no judge having examined evidence and agreed that it’s likely that the person or thing the government wants to search will reveal evidence of a crime.
Remember that the British government permitted its soldiers to execute self-written search warrants. They called them “writs of assistance,” and they were one of the last straws that caused American colonist to rebel. It’s bitterly ironic that 230 years later a popularly elected government would authorize its own agents to do the same thing that when a monarchy did it, we fought a war of rebellion in reaction—which we won!
On Ron Paul:
Congressman Paul has rejuvenated almost single-handedly the Goldwater wing of the GOP. Now Reagan tried, before [James] Baker and his boys advised him on how to behave. Now, I loved the man, but if you look at his record and rhetoric, they are two different things. But Ron Paul had made it legitimate again for small government, maximum individual liberty, Goldwater Republicans to come forth and complain about big government, and I am the recipient of lots of those complaints.
On natural rights:
This is more than an academic debate. If our rights come from government, then the Patriot Act is lawful and constitutional because the government that gives freedom can take it away just by having the president sign a bill into a law. But if rights come from our humanity, as I argue almost every day on Fox, than government cannot take freedom away absent due process and a fair trial, where you are charged and convicted of violating someone else’s freedom.
The president had said he believes in natural rights. Unfortunately when he signs these bills that take away our rights, he reveals he either doesn’t know what he’s doing or he doesn’t really believe in natural rights. The Patriot Act is not only unconstitutional, it’s unnatural, since it purports to take away that which naturally belongs to us.