Andrew Napolitano

  • Aired:  10/27/11
  •  | Views: 20,334

Andrew Napolitano thinks that government spends more time evading the Constitution than upholding it. (7:03)

>> Jon: WELCOME TO MY GUEST

TONIGHT HE IS THE SENIOR

JUDICIAL ANALYST FOR THE FOX

NEWS CHANNEL, HOST OF

FREEDOM WATCH ON THE FOX

NEWS NETWORK.

HIS NEW BOOK IS CALLED IT IS

DANGEROUS TO BE RIGHT WHEN

THE GOVERNMENT IS WRONG.

THE CASE FOR PERSONAL

FREEDOM.

PLEASE WELCOME TO THE

PROGRAM JUDGE ANDREW

NAPOLITANO, SIR!

(APPLAUSE)

SOLIS EN, IT'S NICE TO

FINALLY MEET YOU.

THE BOOK IS CALLED IT'S

DANGEROUS TO BE RIGHT WHEN

THE GOVERNMENT IS WRONG.

THE CASE FOR PERSONAL

FREEDOM.

SO FOR YOU.

>> YES.

>> Jon: YOU WOULD LIKE TO

SEE GOVERNMENT IS THE

ANTITHESIS OF LIBERTY IN

YOUR MIND.

>> YES.

>> GOVERNMENT EXISTS TO TAKE

AWAY FREEDOM.

WE ARE BORN FREE.

WE HAVE CERTAIN NATURAL

RIGHTS.

>> Jon: AND NAKED.

>> AND NAKED.

WE HAVE CERTAIN-- CAVIER

(LAUGHTER)

>> WE HAVE NATURAL RIGHTS BY

VIRTUE OF OUR HUMANITY AND

GOVERNMENT ESSENTIALLY

NEGATES THOSE RIGHTS.

SOME OF THOSE RIGHTS SHOULD

BE NEGATED LIKE THE RIGHT TO

KILL AND STEAL AND HARM.

SOME OF THEM SHOULD NOT BE

NEGATED LIKE THE RIGHT TO

EARN A LIVING.

LIKE THE RIGHT TO SAY WHAT

YOU WANT AND THINK WHAT YOU

WANT AND PUBLISH WHAT YOU

SAY.

GOVERNMENT FINDS WAYS TO GET

AROUND THOSE RIGHTS.

GOVERNMENT SPENDS MORE TIME

INVADING AND AVOIDING THE

CONSTITUTION THAN ENFORCING

IT.

AND EVERYBODY IN THE

GOVERNMENT HAS TAKEN AN OATH

TO UPHOLD THE CONSTITUTION.

WHY DON'T THEY DO THAT.

>> Jon: SO THIS IS

INTERESTING BECAUSE IN MY

MIND, I WOULD VIEW

GOVERNMENT AS A SOMETIMES

BENEVOLENT FORCE THAT

PROTECTS PEOPLE, LIKE ONE OF

THE THINGS IT THAT I THINK

ENHANCES FREEDOM ARE ROADS.

AND I THINK THAT THE--

(LAUGHTER)

SO THE GOVERNMENT --

>>-- ROADS OR FREE ROADS.

>> Jon: I THINK ALL ROADS.

EVEN ONES THAT MIGHT COST A

DOLLAR OR TWO OR FOUR TO

TRAVEL ON, INFRASTRUCTURE IN

SOME WAYS ENHANCES FREEDOM,

A SOCIAL SAFETY NET CAN

ENHANCE FREEDOM.

I VIEW THOSE THINGS NOT AS

INFRINGEMENTS OF LIBERTY BUT

ENHANCEMENTS OF LIBERTY.

I'M WITH YOU ON THE LIBERTY

THING.

I THINK WE JUST DISAGREE ON

WHAT INFRINGES AND WHAT

ENHANCES IT.

>> WE DO.

AND SOMETIMES THE GOVERNMENT

CAN GO TOO FAR WITH RESPECT

TO SOCIAL SAFETY NETS, WHEN

THE GOVERNMENT PICKS WINNERS

AND LOSERS.

THE KIDS DEMONSTRATING IN

LOWER MANHATTAN, MI WITH

THEM ON THIS.

THE GOVERNMENT SHOULD NOT BE

TAKING OUR TAX DOLLARS AND

GIVING IT TO THE BIG FAT

BANKS TO BAIL THEM OUT.

IN MY VIEW THE KIDS ARE

RIGHT ON THAT.

(CHEERS AND APPLAUSE)

>> Jon: LIBERTARIANS LIKE I

AM BELIEVE THE GOVERNMENT

SHOULD NOT PICK WINNERS AND

LOSERS.

THE FREE MARKET SHOULD.

THE BANKS SHOULD RISE OR

FALL BY ITS ABILITY TO

ATTRACT BUSINESS, NOT ITS

ABILITY TO ATTRACT BUCKS

FROM THE GOVERNMENT.

>> Jon: SO WHAT SHOULD WE DO

WITH THE LOSERS THAT ARE

PICKED BY THE FREE MARKET?

>> THE LOSERS THAT ARE

PICKED BY THE FREE MARKET.

(APPLAUSE)

>> Jon: BECAUSE ITS FREE

MARKET HAS LOWERSES.

>> YES, IT DOES.

>> Jon: SO WHAT DO WE DO

WITH THEM.

HOW BIG A PIT DO WE DIG?

>> IF A PERSON INVESTS THEIR

OWN MONEY IN A BUSINESS AND

LOSES, SHOULD THE GOVERNMENT

BAIL THEM OUT.

ANSWER, NO.

BECAUSE IF THE GOVERNMENT

BAILS THEM OUT, THERE WILL

BE NO LIMIT TO WHO AND FOR

WHAT THE GOVERNMENT BAILS

PEOPLE OUT.

YOU FAIL, YOU PICK UP AND

YOU START ALL OVER AGAIN.

EVEN SOME VERY, VERY FAMOUS

TV PEOPLE HAVE FAILED AND

STARTED ALL OVER AGAIN.

>> Jon: SURE, BUT ISN'T IT

THOUGH DO WE DECIDE, DO WE

LIVE IN A SOCIETY, OR DON'T

WE?

ARE WE A COLLECTIVE, AND

WHEN I SAY THAT I DON'T MEAN

EVERYBODY-- EVERYBODY'S

SUCCESS IS PREDICATED ON THE

HARD WORK OF ALL OF US.

NOBODY GETS THERE ON THEIR

OWN SO WHY SHOULD IT BE--

(APPLAUSE)

>> Jon: THAT THE PEOPLE THAT

LOSE ARE HUNG OUT TO DRY

BECAUSE HEY, MAN, FOR A

GROUP THAT DOESN'T

NECESSARILY BELIEVE IN

EVOLUTION, IT'S AWFULLY

DARWINNIAN.

>> ALL RIGHT.

LISTEN, THE ATTRACTIVENESS

OF MY VIEW IS THAT OUR

RIGHTS COME FROM OUR

HUMANITY, WHETHER OUR

HUMANITY IS THE RESULT OF A

KNOWING INTELLIGENT GOD WHO

CREATED US OR WHETHER OUR

HUMANITY IS A RESULT OF

NATURAL SELECTION.

EITHER WAY, HUMAN BEING ARE

THE GREATEST THING ON THE

PLANET.

WE ARE BORN WITH FREE WILL.

AND THE GOVERNMENT IS NOT IN

A POSITION TO TAKE IT AWAY.

NOR IS THE GOVERNMENT TO

DECIDE WHO ARE THE WINNERS

AND WHO ARE THE LOSERS.

IF WE-- .

>> Jon: YOU SAY THAT

GOVERNMENT AS THOUGH IT IS

AN ALIEN ENTITY AND IN A

REPRESENTATIVE DEMOCRACY, WE

ARE THE GOVERNMENT.

WE'RE THE ONES WHO SAY WE

HAVE WORK TO DO.

AND WE HAVE BUSINESSES TO

RUN.

AND WE HAVE CHILDREN TO

RAISE.

WE ELECT YOU AS OUR

REPRESENTATIVES TO LOOK

AFTER OUR INTERESTS WITHIN A

DEMOCRATIC SYSTEM.

YOU'RE RIGHT.

THEY WILL DO HARM AT TIMES.

I DON'T THINK IT SHOULDN'T

BE REFORMED.

BUT IS IT, YOU MAKE IT SOUND

LIKE AN INHERENT EVIL.

>> IT IS AN INHERENT EVIL.

>> Jon: OKAY, SO YOU I'M

ROOT.

>> YOU'RE NOT PUSHING ME

WHERE I DON'T WANT TO GO.

THAT-- .

>> WHO IS THE GOVERNMENT TO

TELL YOU WHAT TO PUT IN YOUR

BODY.

THE GOVERNMENT SHOULD HAVE

NO RIGHT TO TELL YOU WHAT TO

PUT IN YOUR BODY, WHAT TO

EAT, WHO TO SLEEP WITH, WHO

TO MARRY.

THAT'S NONE OF THE

GOVERNMENT'S BUSINESS.

YOU SHOULD BE ABLE TO MAKE

THOSE DECISIONS ON YOUR OWN.

BUT WE-- HAVE A GOVERNMENT

THAT THINK MASS JORITY RULES

AND THEREFORE THE MAJORITY

IS RIGHT.

>> Jon: NO, THAT'S NOT TRUE.

>> WE HAVE THE TURN KNEE OF

THE MAJORITY WHEN THEY GET

THEIR WAY JUST BECAUSE THEY

ARE NUMERICALLY SUPERIOR.

>> Jon: I THINK THAT'S

ABSOLUTELY RIGHT.

BUT IT'S A PENDULUM SWING.

>> HOW IS IT A PENDULUM,

JON.

>> Jon: WELL, SOMETIMES TO

PROTECT THE GREATER LIBERTY,

YOU HAVE TO DO THINGS LIKE

FORM AN ARMY OR GATHER A

GROUP TOGETHER TO BUILD A

WALL OR A LEVY.

>> I'M NOT BIG ON BUILDING

WALLS BUT WE DO HAVE TO HAVE

A ARMEY.

I'M NOT IN FAVOR OF WALLS TO

KEEP PEOPLE OUT OF THE

COUNTRY.

>> Jon: I UNDERSTAND THAT.

BUT AS SOON AS YOU BUILD AN

ARMY YOU HAVE NOW SAID WELL,

GOVERNMENT ISN'T ALWAYS

INHERENTLY EVIL BECAUSE WE

NEED IT TO HELP US

SOMETIMES.

SO NOW IT IS JUST THAT OLD

JOKE, I'M NOT GOING SLEEP

WITH YOU-- WOULD YOU SLEEP

WITH ME FOR A MILLION

DOLLARS, SURE, HOW ABOUT A

DOLLAR.

WHO DO YOU THINK I AM.

WE ALREADY DECIDED WHO YOU

ARE, NOW WE'RE JUST

NEGOTIATING.

>> YOU SAID GOVERNMENT THAT

GOVERNS LEAST GOVERNS BEST.

BUT THEY TRIED THAT, THE

ARTICLES OF CONFEDERATION,

THEY TRIED IT 8 YEAR, DIDN'T

WORK,.

THEN WE TRIED IT WITH THE

CONSTITUTION.

>> WE TRIED IT WITH THE

CONSTITUTION AND 9 SAME

GENERATION WHO WROTE IN THE

CONSTITUTION CONGRESS SHALL

MAKE NO LAW BRIDGING THE

FREEDOM OF SPEECH-- THE

PRESIDENT OF THE UNITED

STATES JOHN ADAMS PROSECUTED

A MEMBER OF CONGRESS FOR

MAKING FUN OF HIS WAIST LINE

BECAUSE THAT WAS-- PERCEIVED

AS BEING AGAINST THE UNITED

STATES-- .

>> Jon: HE WAS PUDGEY.

>> I DON'T THINK ANYBODY

WOULD --

>> HE WAS CALLED HIS ROTUNDITY.

(LAUGHTER)

LET ME TELL YOU A STORY.

>> Jon: WE GOT TO GO.

SOLIS EN, YOU CAN STICK

AROUND.

>> ABSOLUTELY.

>> Jon: WE'RE GOING TO GO

NOW.

AND THEN WE'LL PUT THIS ALL

UP ON THE WEB.

>> WOULD YOU DO THAT FOR ME.

>> Jon: WHAT, ARE YOU

KIDDING ME?

(LAUGHTER)

>> Jon: YOU'RE A JUDGE FOR

GOD'S SAKES.

I'M NOT GOING UP AGAINST

YOU.

IT IS DANGEROUS TO BE RIGHT

WHEN THE GOVERNMENT IS

WRONG.

IT IS ON THE BOOK SHELVES

NOW, JUDGE ANDREW

NAPOLITANO.

THANK YOU FOR BEING HERE.

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