Exclusive - Andrew Napolitano Extended Interview Pt. 1

  • Aired:  11/15/12
  •  | Views: 176,044

In this exclusive, unedited interview, Judge Andrew Napolitano discusses America's immigration history and the limits of Constitutional law. (6:57)

( CHEERS AND APPLAUSE ).

>> Jon: MY GUEST TONIGHT, HE IS THE SENIOR JUDICIAL ANALYST FOR THE FOX NEWS CHANNEL.

HIS NEW BOOK IS CALLED "THEODORE AND WOODROW." PLEASE WELCOME BACK, THE GOOD JUDGE ANDREW NAPOLITANO.

WHAT'S UP?

>> GOOD TO SEE YOU.

>> Jon: IT'S THE JUDGE!

HOW ARE YOU, MAN?

>> I AM WELL.

>> Jon: WE'RE GOING TO GET INTO THINGS, THEODORE AND WOODROW, BUT FIRST--

>> THIS IS A GREAT AUDIENCE.

>> Jon: THEY'RE A LOVELY GROUP OF PEOPLE.

THEY'RE HERE-- THE TICKETS ARE FREE.

>> THEY DIDN'T PAY TO GET IN?

>> Jon: THEY DID NOT PAY TO GET IN.

THEY LOVE YOU.

LET ME ASK YOU TWO THINGS FIRST--

>> YOU'RE NOT GOING TO MAKE ME DEFEND O'REILLY?

>> Jon: WHY, OF COURSE-- COULD YOU?

( LAUGHTER ) I WOULD LIKE TO-- ( APPLAUSE )

>> HE'S MY BUDDY.

>> Jon: ISN'T THERE A PREVAILING ATTITUDE THAT I'M NOTICING OVER THERE THAT SOMEHOW

WE'VE REACHED A TIPPING POINT, THAT THERE IS A NEW DEMOGRAPHIC CHANGE IN AMERICA THAT IS UNLIKE

THE OTHERS.

YOU MENTIONED IT ON THE MORNING SHOW THAT YOU THOUGHT O'REILLY WAS RIGHT THAT WE ARE NOW A

NATION OF TAKERS.

YOU KNOW THAT IF THAT ATTITUDE HAD PREVAILED, YOU AND I, MR. O'REILLY, IF IT HAD

PREVAILED IN AMERICA'S HISTORY, YOU AND I WOULD NOT BE HERE.

>> I KNOW IF THE GOVERNMENT HAD NOT ALLOWED NEWCOMBERS TO COME TO THE COUNTRY AND FLOURISH, YOU

AND I AND A LOT OF GOOD FOLKS IN THE STUDIO WOULDN'T BE HERE.

THAT'S WHY I'M IN FAVOR OF OPEN BORDERS.

I THINK YOU HAVE NATURAL RIGHTS.

IT DOESN'T MATTER WHERE YOUR MOTHER WAS WHEN YOU WERE BORN.

YOU CAN GO WHERE YOU WANT AND LIVE WHERE YOU GO AND IT'S NONE OF THE GOVERNMENT'S BUSINESS

WHERE YOU WERE BORN.

>> Jon: I THINK THAT'S EXCELLENT.

BUT WHY DO YOU THINK THERE IS THIS FEAR, THOUGH, THAT SOMEHOW THERE'S-- I'M GETTING THE SENSE

THAT THE RIGHT FEELS SUDDENLY OUT-NUMBERED?

AND I THINK IT'S A FANTASY, A PARANOID FANTASY.

>> REMEMBER I'M NOT OF THE RIGHT.

I'M THE LIBERTARIAN, THE RON PAUL GUY OVER THERE.

( APPLAUSE ).

>> GOD BLESS YOU.

>> Jon: THE PEOPLE OF THE POT.

>> AND HUMAN FREEDOMS.

THE RIGHT, OBVIOUSLY, IS OUT-NUMBERED BECAUSE THE ELECTION, THE LAST TWO ELECTIONS

HAVE TOLD US SO.

BUT THE RIGHT SHOULDN'T BE.

IT REALLY SHOULD BE ABLE TO APPEAL TO A VAST ARRAY OF PEOPLE WHO WANT THE GOVERNMENT OUT OF

THEIR BANK BOOKS AND OUT OF THEIR VICTIMS AND LEAVE THEM ALONE.

>> Jon: IN SOME RESPECTS, THOUGH, HASN'T IT SHOWN PEOPLE DO WANT AN EFFECTIVE FEDERAL

GOVERNMENT FOR SOME THINGS?

FOR INSTANCE, MY PARENTS -- MY MOTHER IS FROM THE BRONX, MY FATHER IS FROM BROOKLYN.

>> MY GRANDMOTHER IS FROM THE BRONX.

>> Jon: OH, MY GOD, ARE WE RELATED?

>> HOW COULD THAT POSSIBLY BE?

GIVE ME THAT HAND.

>> Jon: ABSOLUTE!

THIS AND THEN THIS.

>> RIGHT!

>> Jon: THEY GREW UP POOR.

CITY UNIVERSITY AT THAT TIME WAS FREE.

THEY GOT AN EXCELLENT, FREE EDUCATION.

NOW,-- FROM THE GOVERNMENT.

>> FROM A LOCAL CITY AND STATE GOVERNMENT.

NOT FROM THE FEDERAL GOVERNMENT.

YOU SEE, THERE'S THIS THING CALLED THE CONSTITUTION.

THAT'S WHY I WROTE THIS BOOK BECAUSE THESE TWO CHARACTERS EVE THATELIEVE IN BELI

THE CONSTITUTION MEANT WHAT IT SAID.

THE CONSTITUTION LIMITS THE FEDERAL GOVERNMENT AND LETS THE STATES AND LOCAL GOVERNMENTS TO

DO THINGS.

IF YOU DON'T WANT TO PAY FAIR CITY COLLEGE IN YOUR TAXES, GO TO ANOTHER STATE WHERE THEY

DON'T HAVE THESE COLUMNS.

IF YOU WANT TO LIVE WHERE PEOPLE CAN GET A GOOD EDUCATION, PEOPLE WHO OTHERWISE COULDN'T AFFORD

IT, GO LIVE WHERE THE TAXES PAY FOR THOSE SCHOOLS.

AS RONALD REAGAN SAID PEOPLE CAN VOTE WITH THEIR FEET.

>> Jon: ULTIMATE THE FEDERAL GOVERNMENT-- POOR PEOPLE, OBVIOUSLY THEIR SUZ, THE

SOLES ARE NOT AS QUICK, HAVE TROUBLE TROUBLE WITH MOBILITY IN SOME SPARSE.

YOU'RE SAYING THE FEDERAL GOVERNMENT SHOULD NOT BE INVOLVED IN EDUCATION AT ALL.

>> NO, THE FEDERAL GOVERNMENT SHOULD NOT BE INVOLVED IN EDUCATION.

>> Jon: AT ALL.

>> OR THE CONSTITUTION SHOULD BE AMENDED TO REFLECT THE CONSENSUS THAT IT SHOULD.

BUT WHEN THE FEDERAL GOVERNMENT EXCEEDS THE CONSTITUTION AND IT'S THE SUPREME LAW OF THE

LAND, HOW CAN WE TRUST THE FEDERAL GOVERNMENT TO DO ANYTHING?

THE FEDERAL GOVERNMENT MIGHT EVEN SPY ON THE COUNTRY TEA CHIEF SPY BECAUSE THEY THINK

HE'S HAVING AN AFFAIR, EVEN THOUGH THAT'S AGAINST THE LAW THEY'VE SWORN TO UPHOLD.

>> Jon: IF YOUR ARGUMENT IS WE CAN'T TRUST THE FEDERAL GOVERNMENT TO DO ANYTHING HOW

CAN WE TRUST IT TO DO ANYTHING, LIKE FIGHT WARS OR WHAT IT SAYS IN CONSTITUTION TO DO.

>> THE CONSTITUTION WAS CREATED TO GIVE US CHECKS AND BALANCES.

THE STATES WERE A CHECK ON THE FEDERAL GOVERNMENT.

I KNOW YOU'RE NOT GOING TO WANT TO HEAR THIS.

IF THEY DIDN'T LIKE WHAT THE FEDS WERE DOING, THEY COULD LEAVE, AND THE FED WOULD LOSE A

LOT OF INCOME BUT THE THREAT OF LEAVING WOULD CAUSE THE FEDS TO BEHAVE.

>> Jon: ISN'T THAT-- I THOUGHT THE WHOLE IDEA OF THE CONSTITUTION WAS THEY TRIED WHAT

YOU'RE DESCRIBING, AND OF IN THE ARTICLEES OF CONFEDERATION, AND THEY WENT, OH, THE WHISKEY

REBELLION, AND THEN THEY CONSOLIDATED--

>> I WOULD HAVE BEEN ON THE SIDE OF THE REBELS.

LISTEN, I CANDIDLY SALUTE YOU FOR THE HISTORY OF THE COUNTRY THAT YOU GAVE BECAUSE THE

ESTABLISHMENT ALWAYS PEARS THE NEXT GENERATION.

AND IF THE ESTABLISHMENT STOPPED THE NEXT GENERATION FROM COMING IN, YOU AND I WOULDN'T BE HERE.

>> Jon: THAT'S RIGHT.

>>THEY PRETEND THE NEXT GENERATION IS NOT AS VIRTUOUS.

>> THE COUNTRY IS BIG ENOUGH TO EXPAND AND ABSORB.

ONE OUT OF MANY.

THE MANY COME HERE AND FORM A WONDERFUL MOSAIC --

>> Stephen: THERE'S GOT TO BE A LATIN PHRASE FOR THAT, THAT'S MORE ELKENT.

THERE'S GOT TO BE SOMETHING IN THERE.

>> E PLURIBUS.

>> Jon: WAIT, DONALDY E-- NO, THAT'S NOT IT.

YOU TALKED ABOUT THE SPYING.

YOU'RE TALKING ABOUT PETRAEUS, THE GOVERNMENT AND PETRAEUS.

YOU ALSO HAVE SOME THEORIES ABOUT WHAT'S GOING ON THERE, AM I CORRECT?

>> YES, I DO, YES.

>> Jon: WOULD YOU LIKE TO DISCUSS THEM?

>> I WOULD.

YOU WANT ME TO DISCUSS THEM.

>> Jon: I WOULD LIKE TO DISCUSS THEM.

I WILL SAY THIS, THOUGH.

WE ARE ON TELEVISION, AND THE FEDERAL GOVERNMENT COULD BE MONITORING THIS CONVERSATION.

>> I HAPPEN TO BELIEVE THE FEDERAL GOVERNMENT MONITORS ALL CONVERSATIONS, EVEN THOSE

BETWEEN THE HEAD OF THE C.I.A.

AND HIS MISTRESS.

.

>> Jon: IF THERE WAS A GUY HAVING A MISTRESS THAT SHOULD BE MONITORED, WOULDN'T IT BE OUR

TOP STY SPYGUY?

ISN'T THAT THE WHOLE IDEA, YOU DON'T WANT TO BLACKMAIL THE TOP SPY?

>> SO MANY PEOPLE KNEW ABOUT THIS, THERE WAS NOTHING TO BLACKMAIL.

THE F.B.I. KNEW ABOUT THIS FROM THE TIME THEY DID A BACKGROUND CHECK ON GENERAL PETRAEUS.

>> Jon: THAT'S IN THE FOIBLE FILE.

>> I HAVEN'T SEEN THE FILE --

>> Stephen: JUDGE.

>> HAVING BEEN THE SUBJECT OF A BACKGROUND CHECK I KNOW WHAT THEY CAN FIND OUT.

>> Jon: WHEN DID YOU GET A BARQUE GROUND CHECK.

>> TO GO ON THE BENCH.

>> Jon: OH, I THOUGHT IT WAS FOX.

( LAUGHTER ) WILL YOU STICK AROUND FOR FIVE MINUTES.

"THEODORE AND WOODROW" IS ON THE BOOKSHELVES NOW.

JUDGE ANDREW NAPOLITANO.

( CHEERS AND APPLAUSE )

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