Judge Napolitano on Corruption, PATRIOT, and Constituional Chaos

[Flyboy]

http://www.reason.com/0503/fe.ng.the.shtml

When the government breaks the law in order to enforce the law, it perverts the process. It becomes a law unto itself. It encourages others to become a law unto themselves, and it becomes a precedent for the government to do that again and again and again.

I had a realization that many [law enforcement agents] were lying. Some of them would acknowledge, not to the extent that I would have them charged with perjury, but in the wink and the nod in a conversation with them afterwards, “Well, we almost don’t care if you found out that we kicked in the taillight.†“We knew,†they’d suggest, “from the profile—Mercedes Benz, New York plates, African-American driver, coming off the George Washington Bridge—it was more likely than not that drugs were in there, and we don’t even care.†They took an oath to uphold the Constitution, and they’re violating that oath when they violate the rights of the driver of that car.

I believe that Congress and the president and the Supreme Court have grown to an unrecognizable point, where we now have members of Congress that think they can solve every problem under the sun. So Sen. John McCain [R-Ariz.], for whom I have a lot of respect, said to [New York Yankees owner] George Steinbrenner, “Don’t you dare pay Jason Giambi, because we heard a rumor in a newspaper that he told a grand jury that he once used steroids, and if you do, we’re going to make sure you can’t.†What are they going to outlaw next? The speed of Roger Clemens’ fastball because it might hurt the batters’ wrists? I mean, this is an attitude of Potomac fever that the government thinks we can legislate about and solve every crime and every problem.

 

[WT]

Napolitano was a New Jersey county judge. I doubt he has seen much federal action in his career.

Reading between the lines, he only served one term as a county judge and was not re-appointed.

Napolitano might come across very well on TV but I wonder if he has the real legal expertise to back up what he says.

 

[Flyboy]

Reading between the lines, he only served one term as a county judge and was not re-appointed.

From the first paragraph of the article:

The 54-year-old Napolitano, the youngest life-tenured Superior Court judge in New Jersey history.

Reading between what lines, now?

 

[ravinraven]

You can tell if someone is right...

...when he's soundly bad-mouthed. One term county judge not reappointed?

rr

 

[WT]

He served on the bench from 1988 to 1995. That is one term in NJ.

I don't know where the 'life tenured' comes from. Maybe FOX made an error?

That said, he was a NJ county judge very low on the judge seniority totem pole. He handled cases that any county judge would get. That doesn't make him a federal or constitutional law expert to my way of thinking.

If he is in private practice, where does he get all this time to appear on FOX?


Aside from all that, the guy just makes me feel queasy.

 

[itgoesboom]

From Judge Napolitano's own biography

Napolitano is the youngest life-tenured Superior Court Judge in the history of the State of New Jersey. While on the bench from 1987-1995, Judge Napolitano tried over 150 jury trials, and sat in all parts of the Superior Court — Criminal, Civil, Equity and Family.

For eleven years, Napolitano served as an adjunct professor at Seton Hall Law School, where he taught constitutional law and jurisprudence. He returned to private law practice in 1995, the same year he began his career in broadcasting.

Napolitano received his undergraduate degree from Princeton University and his Juris Doctor from the University of Notre Dame.

So between being a professor of constitutional law for 11 years, and being a a Superior Court Judge for 8 years, I think he has more experience than anyone who has waded into this thread.

I.G.B.

 

[2nd Amendment]

If you look around the net you'll see a lot of attacks on Napolitano but scant mention of what his subject is. Attack the messenger at its best(or worse) is what it looks like.

 

[WT]

Yes, I am sure he has more legal expertise than I.

That said, he was a mere county judge. He was not an Appellate Judge nor a Supreme Court judge. He was not a federal prosecutor nor a federal judge.

Okay, I'll drop it.

 

[rick_reno]

It's a good article - thanks for posting it. I've found his commentary on Fox to be interesting in the few times I've seen him.

 

[Highland Ranger]

See him on Fox and listen on XM on the way in.

Other than liking the Yankees, he seems to have his head screwed on straight. Certainly can't argue with the quotes above . . . . haven't bought his book but intend to; interesting that an otherwise wildly libertarian board doesn't seem to be all on board with the judge. The title of the book seems right up everyone's alley . . . . . . wonder why that is . . . .

(couldn't be because one of the quotes paints LE's in a bad light eh?)

Also, guy is on Fox and Friends (Fox morning show) regularly and on throughout the day as a legal expert and got a book deal . . . . somehow that makes me think he's probably more than just some podunk judge.

(Constitutional Chaos : What Happens When the Government Breaks Its Own Laws - http://www.amazon.com/exec/obidos/t...002-4514439-0454424?v=glance&s=books&n=507846 )

 

[Mark in California]

Judical Status

In California once you are apppointed or elected to the bench, you remain a judge for life. Superior Court Judges wether Retired or having lost re-elections are used when extra judges are needed or the reighning Judges have removed themselves from the cases. They may also continue to conduct marriages.

In my neck of the woods, Del Nort County has 2 judges, Trinity has about 4 and I think Humbold has 5. If we were not able to access "retired" judges we could very fast run into having cases but no one to bring it before. We also use out of county judges when needed.

In California Judges are appointed and then face election at the conclusion of 8 years. A lawyer can run for Superior Court judge when the position come up for relection. However we have one judical post that was created in the 1950's and has never been in a election. For almost 50 years the judge in that job retires before the election and the Govenor then appoints someone else to the post.

 

[Molon Labe]

That said, he was a mere county judge. He was not an Appellate Judge nor a Supreme Court judge. He was not a federal prosecutor nor a federal judge.

So what? Does it mean his opinions aren’t valid?

Is this place getting a bit snobby or what?

 

[wmenorr67]

Judge Napolitano was filling in for Tony Snow today on his radio program and was discussing the 2nd Amendment. Based on his words and values he is one of the good guys. He agreed that if on 9/11 people were carrying like they should be able to the Trade Center would be still standing and there would have been no need to repair the Pentagon and no Flight 93.

 

[Delmar]

wmenorr67 - I heard the Judge make essentially the same statement on Fox on 9/12. Made Sean Hannity squirm like the neo-con he really is.

 

[AZRickD]

A stunning articulator of individual liberty

This is the second article I've read (the first one was written by him) which I am left completely impressed.

Reason: What’s your wish list for ending constitutional chaos?

Napolitano: First thing we should do is abolish the 16th Amendment. That would make the income tax unconstitutional, which is what it was until we enacted the 16th Amendment (even though we had two income taxes before then). That of course would starve much of the federal government out of existence.

Reason: Well, that’s not going to happen.

Napolitano: Not in your lifetime or mine, but it’s on my wish list. I would change the third word of the Constitution from people to states because it was the states, not the people, who enacted the Constitution. And I would put the word expressly back in the 10th Amendment [before delegated], which is where it was until it was removed by a political maneuver before the final document was sent to the states for ratification. I would define the word regulate in the Interstate Commerce Clause in its true meaning, which is “to make regular,†not to control every aspect of interstate commerce. In my world, the federal government would be dependent upon the states and excise taxes for its financial wherewithal. It would be limited in its scope to the 18 powers given to it by the Constitution. The states would legislate for the health, safety, welfare, and morality of the people. All government would be required to respect the natural rights of everyone.

Reason: Besides Thomas More, who are your heroes?

Napolitano: I am a great admirer of the work of [Austrian economist] Ludwig von Mises. He was a true believer that the engine of freedom will make us safer, happier, more culturally admirable, and ultimately give us the freedom to go to heaven. I am a greater admirer of St. Josemaria Escriva de Balaguer, the founder of Opus Dei. He taught that any human being by his personal behavior can aspire to sainthood.