Andrew Napolitano on Another Week of Government Lawlessness


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The Constitution declares that if the government wants to take life, liberty, or property from anyone, it must seek what it wants by means of the courts and not by means of drones. The same lawyer who advised the president that he could kill with drones—even kill Americans if he wished—has now been nominated (with preliminary Senate approval) to become a federal judge.

This lawyer claims that he can be faithful to the Constitution and to presidential extra-judicial killing at the same time. But such a dual loyalty is metaphysically impossible, writes Andrew Napolitano, because the Constitution mandates the rule of law and presidential killing mandates the rule of men.