Natural Rights and the un-Constitutional Patriot Act: Judge Andrew Napolitano youtube - 2 views
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Gary Edwards on 21 Jun 12Judge Napalatano The Campaign for Liberty Tea Party Group is holding patriotic meetings throughout the USA. Libertarian icon Judge Andrew Napolitano is a frequent and much requested speaker at these meetings. In this speech, the third part of a three part series, the Judge calls out to this generation of patriots to stand up for freedom; to defend liberty. Excellent speech. A fitting conclusion to parts one and two. Many thanks to Frank for this find!
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Paul Merrell on 21 Jun 12My experience with Napolitano, as a retired lawyer, is that his present role is as a propagandist, willing to lie to make his central point. I've often caught him saying things about the law that he either knows are false or knows that he lacks sufficient knowledge to claim that one of his legal conclusions is true. (He is, however, a very effective orator.) This speech is no different. His premise is false, that there is no language in the Constitution authorizing a host of general welfare laws. First, we find in the Constitution's Preamble it's statement of purpose: "We the People of the United States, *in Order to* form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, *promote the general Welfare,* and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America." Note the distinction made between "promote the general Welfare" and the securing of Liberties. So the Constitution has a purpose beyond securing liberties that falls in the category of promoting the general welfare. Next we move on to Article 1 section 8, which itemizes the Powers of the Congress. In that section's first clause we find: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and *provide for the* common Defence and *general Welfare* of the United States;" But Napolitano's speech mistakenly brands a host of general welfare laws as abuses of the Commerce Clause, which only supplements the General Welfare Clause in relevant regard. His discussion of the meaning of "regulate" at the time of the Constitution's adoption is irrelevant. The far more pertinent question is what was meant at that time by the term "general Welfare." Napolitano simply ducks that question by ignoring the General Welfare Clause and pretending that it does not exist. That is not principled argument, in my humble opinion. Moral o