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Constitutional Chaos: What Happens When the Government Breaks Its Own Laws
In this alarming book, Fox News commentator Judge Napolitano makes the solid case that there is a pernicious and ever-expanding pattern of government abuse in America's criminal justice system, leading him to establish his general creed: "The government is not your friend." As an attorney, a law professor, a commentator, a judge, and now a successful television personality, Judge Napolitano has studied the system inside and out, and his unique voice has resonance and relevance. In this sensational book, Napolitano sets the record straight, speaking frankly from his own experiences and investigation about how government agencies will often arrest without warrant, spy without legal authority, imprison without charge, and kill without cause.
234 pages, Hardcover
First published January 1, 2004
28 people are currently reading
417 people want to read
About the author
Andrew P. Napolitano
19 books145 followersAndrew Paolo Napolitano is a former New Jersey Superior Court Judge. He is a political and senior judicial analyst for Fox News Channel, commenting on legal news and trials. Napolitano started on the channel in 1998. He is a Libertarian and a strong advocate of the Constitution, viewing it as a contract that must, according to rule of law, be interpreted the way its authors intended or else be invalid. He therefore asserts that the Federal government has a very limited set of powers, that it is exceeding, and that the Bill of Rights limits its valid actions in all circumstances.
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February 15, 2023This book came out almost twenty years ago and promptly sat on my shelf for a while. I need to do better at reading books like this in real time. However, the same truths enclosed in the content still hold true today, if not more so. I knew the government was corrupt and headed toward authoritarianism and tyranny, but I was very surprised at the lengths the government goes to in order to get what it wants: false accusations, convicting and imprisoning innocent people, ruining lives even when shown the government has done egregious wrong-doing, and so much more. Is there any turning back from the direction we're headed? I really enjoyed what the author had to say about how the government goes after people, innocent or not, only to set the example and to look tough on crime. What ever happened to our consitutional rights? Maybe they're not so inalienable anymore. Wow! What I read in this book is flat out scary. Reader beward. Sometimes the truth is a scary place. Definitely recommend reading.
May 13, 2011
I felt like I was reading an essay written by a college student, but the information was really interesting.
May 10, 2009
Excellent book. Napolitano covers dozens of cases in which the local or federal government has broken its own laws including the case at Ruby Ridge, Waco and the Branch Davidians, the case of Elien Gonzalez, and the many unconstitutional practices since 9/11 and the so-called war on terror.
The founding fathers fought hard to escape the tyranny of King George III. Ironically, over two hundred years later another George has come along and with the PATRIOT act has given the government powers even King George III didn't have. After reading this you will realize that America is no longer the home of the free, and it's only going to get worse if people don't speak up.
The founding fathers fought hard to escape the tyranny of King George III. Ironically, over two hundred years later another George has come along and with the PATRIOT act has given the government powers even King George III didn't have. After reading this you will realize that America is no longer the home of the free, and it's only going to get worse if people don't speak up.
February 23, 2019
This is a very disturbing book outlining a number of abuses of the Constitution by people in all levels of government. Considering this book was written in 2004, things have only gotten worse, I fear. The dangers for this country's ideals and existence are real and sobering, in my view.
Well worth reading!
Well worth reading!
July 9, 2019
Judge Napolitano writes in a clear, but hard nose fashion to describe what he believes is happening to the US rule of law. He speaks to situational evaluation of the implementation of law. His experiences as a judge and law professor lead him to show his disillusion when he states, "The government is not your friend." He does have some suggestions for us. Mainly, he suggests that we apply the law to everyone . The book is thoughtful and shares a professional's experiences.
February 16, 2010
The book, about Government violations of the US Constitution, is divided into four parts: Rights and Liberties, Wake-Up Call (a personal statement), The War on Terror, and his solutions in "What Can We Do?" of which the first and third part are the main substance. It is a damning critique of our corrupt judicial system and government generally.
Chapter one addresses instances of the feds engaging in illegal abduction, cops routinely lying in court, home invasions and illegal seizures, etc. Chapter Two with the use of bribed witnesses, prosecutors convicting persons they know are not guilty, allegations of torture in US detention facilities, etc. Chapter Three looks at instances in which sting operations or investigations engage in crimes to entrap people who may or may not have engaged in crimes themselves, often where the crimes perpetrated by the state are much more serious than those of the people they apprehend. Also attacks laws that make it a crime for people to say or think things and arrests and convictions where no real crime has occured! Lest you think this is BS, he has multiple examples to illustrate that this is not uncommon.
He has a chapter on Government erosion of the Right to bear arms, and a chapter (how appropriate) on theft of property via eminent domain, and another on "Gagging Free Speech", all showing that we do not have the Constitutional Rights many of us would like to think we have. Also a chapter on how prosecutors bribe witnesses, sanction murder for "higher" convictions, buy convictions, with emphasis on how outrageous it would be for the defense to do, so why is prosecution allowed to? Prosecution allowed to lie about their case, but defense lawyers would be breaking the law if they lied to prosecutors about their case. Chapter on abuse of government power to assault people (e.g. Waco, Ruby Ridge, Elian Gonzalez -- though personally I think the result there was what was in the best interest of the child)
Section Three looks at the many instances in which the Constitution has been suspended on the grounds of "national security" by invoking the spectre of "terrorism". Covers the Lynne Stewart case, the accusation of Brandon Mayfield for bombings in Spain -- a country he had never been to -- based on his religion, marriage, and that he was lawyer to terrorists. Looks at Ashcroft's self-appointed power to eavesdrop on attorney-client conversations, and how he and the Justice Department have made various suspects "disappear" in the style of the Stalin, or Pinochet, or fill in the tyrranical dictator of your choice. Looks at the suspension of due process rights, the creation of "enemy combatant" as a way of circumventing due process.
All in all a damning critique of the state of our current legal and judicial system and the abuse of power by the executive branch of the government.
Chapter one addresses instances of the feds engaging in illegal abduction, cops routinely lying in court, home invasions and illegal seizures, etc. Chapter Two with the use of bribed witnesses, prosecutors convicting persons they know are not guilty, allegations of torture in US detention facilities, etc. Chapter Three looks at instances in which sting operations or investigations engage in crimes to entrap people who may or may not have engaged in crimes themselves, often where the crimes perpetrated by the state are much more serious than those of the people they apprehend. Also attacks laws that make it a crime for people to say or think things and arrests and convictions where no real crime has occured! Lest you think this is BS, he has multiple examples to illustrate that this is not uncommon.
He has a chapter on Government erosion of the Right to bear arms, and a chapter (how appropriate) on theft of property via eminent domain, and another on "Gagging Free Speech", all showing that we do not have the Constitutional Rights many of us would like to think we have. Also a chapter on how prosecutors bribe witnesses, sanction murder for "higher" convictions, buy convictions, with emphasis on how outrageous it would be for the defense to do, so why is prosecution allowed to? Prosecution allowed to lie about their case, but defense lawyers would be breaking the law if they lied to prosecutors about their case. Chapter on abuse of government power to assault people (e.g. Waco, Ruby Ridge, Elian Gonzalez -- though personally I think the result there was what was in the best interest of the child)
Section Three looks at the many instances in which the Constitution has been suspended on the grounds of "national security" by invoking the spectre of "terrorism". Covers the Lynne Stewart case, the accusation of Brandon Mayfield for bombings in Spain -- a country he had never been to -- based on his religion, marriage, and that he was lawyer to terrorists. Looks at Ashcroft's self-appointed power to eavesdrop on attorney-client conversations, and how he and the Justice Department have made various suspects "disappear" in the style of the Stalin, or Pinochet, or fill in the tyrranical dictator of your choice. Looks at the suspension of due process rights, the creation of "enemy combatant" as a way of circumventing due process.
All in all a damning critique of the state of our current legal and judicial system and the abuse of power by the executive branch of the government.
May 17, 2016
The judge's repeated theme in this work is "the government is not your friend" - which is nothing an astute observer doesn't already know (some might even argue it's not necessarily the government's job to BE your friend in the first place). His contribution with this work is the compilation, and brief analysis, of several examples of government (generally federal) overreach. Some of these the reader will recognize, others not. A couple of the explanations got confusing enough to be momentarily distracting (there was mention of posse commitatus in conjunction with Waco, which wasn't actually necessary to make the case that DoJ grossly overreached, but had me spending some time wondering what actual DoD units were present at the siege, as opposed to state National Guard, and if the NG was in Title 32 or Title 10 Status, or if it was possible for the guard to even BE in Title 32 status if they were supporting a federal agency...).
My favorite part was actually the short chapter in Part II where the judge briefly traces his evolution from conservative to a more libertarian viewpoint, as it closely parallels my own (aside from the minor point that I never went to law school or served as a judge...). He does conclude the main body of text with a chapter about 'what to do' about the things he identified, but to be honest I felt this was the weakest part of the book and was left wanting a little bit more of his recommendations for the future. Perhaps that will be in some of his later books.
My favorite part was actually the short chapter in Part II where the judge briefly traces his evolution from conservative to a more libertarian viewpoint, as it closely parallels my own (aside from the minor point that I never went to law school or served as a judge...). He does conclude the main body of text with a chapter about 'what to do' about the things he identified, but to be honest I felt this was the weakest part of the book and was left wanting a little bit more of his recommendations for the future. Perhaps that will be in some of his later books.
May 17, 2014
Many people would be pleasantly surprised by this book. Judge Napolitano is a Fox News contributor... contrary to what many would think because of this affiliation, he is not a one sided conservative commentator. He really takes the George Bush and John Ashcroft to task here on their terrible legal handling of "enemy combatants" at Guantanimo Bay.
The courts are not supposed to act in political interests and the Judge demonstrates this here in his book by presenting critical looks at the behavior of the Clinton and both Bush administrations without regard or preference to their party affiliations. I would be fascinated to see a second edition of this book written with his take on the Unconstitutional recklessness of the Obama/Holder administration.
I found my self nodding in agreement with many of his assessments of executive/judicial overreach but there certainly were exceptions. I don't think I am loosing any sleep over child molesters arrested in situations involving a certain degree of entrapment. I did not have much problem with the free speech restrictions placed on media outlets relating to trials, jurors and courtroom activities. I am still sorting out my position on the CIA/FBI sharing information under the PATRIOT Act... not to mention the whole "Enemy Combatant" thing. The rights and liberties of a few vs. the thousands of lives that may be lost in another 9/11 are tough things to balance out.
The courts are not supposed to act in political interests and the Judge demonstrates this here in his book by presenting critical looks at the behavior of the Clinton and both Bush administrations without regard or preference to their party affiliations. I would be fascinated to see a second edition of this book written with his take on the Unconstitutional recklessness of the Obama/Holder administration.
I found my self nodding in agreement with many of his assessments of executive/judicial overreach but there certainly were exceptions. I don't think I am loosing any sleep over child molesters arrested in situations involving a certain degree of entrapment. I did not have much problem with the free speech restrictions placed on media outlets relating to trials, jurors and courtroom activities. I am still sorting out my position on the CIA/FBI sharing information under the PATRIOT Act... not to mention the whole "Enemy Combatant" thing. The rights and liberties of a few vs. the thousands of lives that may be lost in another 9/11 are tough things to balance out.
April 29, 2010
"Unless you work for it, sell to it, or receive financial assistance from it, the government is not your friend.
This statement from Constitutional Chaos highlights one of the points that Napolitano makes in this book: when it is not outright breaking the law to achieve a goal it desires, it subverts the law to take what it wants. He discusses the Takings Clause of the 5th Amendment, which has evolved into the 'right' of the government to take property for non-public purposes as long as they can state it's for eventual public benefit.
THE major point for me is this: Our Constitution was meant to ensure rights of the people by putting limitations on the actions of the government. Unfortunately, all 3 branches of government are now interpreting it to be the rights of government - the very thing the Constitution was meant to limit.
The author's sensible solution is for the people to become more aware of abuses by elected officials, and to vote them out of office.
This statement from Constitutional Chaos highlights one of the points that Napolitano makes in this book: when it is not outright breaking the law to achieve a goal it desires, it subverts the law to take what it wants. He discusses the Takings Clause of the 5th Amendment, which has evolved into the 'right' of the government to take property for non-public purposes as long as they can state it's for eventual public benefit.
THE major point for me is this: Our Constitution was meant to ensure rights of the people by putting limitations on the actions of the government. Unfortunately, all 3 branches of government are now interpreting it to be the rights of government - the very thing the Constitution was meant to limit.
The author's sensible solution is for the people to become more aware of abuses by elected officials, and to vote them out of office.
December 19, 2015
Constitutional Chaos is a short and simple read (about 200 pages), but anything by Judge Nap is worth reading. Essentially, this is a collection of examples of government's intrusion upon personal liberty organized by category into different chapters. I had never read about a majority of the cases in this book, so I learned a few things. I completely agree with Napolitano's premise that government has gradually eroded the liberties guaranteed in the Constitution and that our court system is the best way to win those liberties back.
If you're looking for a dense analysis of constitutional law, this probably isn't the book for you. However, for what it is, I liked it. It's a great layman's introduction to liberties guaranteed by the Constitution and how many of these liberties are in danger. Judge Nap is one of the best out there at exposing government hypocrisy.
If you're looking for a dense analysis of constitutional law, this probably isn't the book for you. However, for what it is, I liked it. It's a great layman's introduction to liberties guaranteed by the Constitution and how many of these liberties are in danger. Judge Nap is one of the best out there at exposing government hypocrisy.
July 5, 2014
The issues brought forth by Judge Andrew Napolitano are not new to me (though the details and some court cases definitely are) since I regularly read liberty-themed books. That said, it was a great read. Napolitano's arguments are clear and logical and, most importantly, he does not ramble like some authors do: he stays on point. I love that he brings every issue back to the Constitution. At the back of the book he lists the Constitutional definitions of the Presidency,the legislature, the judiciary, and other concerns of import & finally a copy of the Constitution. All said, besides being an excellent book, it also doubles as a work of reference. Keep this book within arm's reach !!
April 2, 2009
This provides a traditional Law perspective by Napolitano. His perspective he gives truly made me rethink and look again at the laws that are passed by the government, the manner that they are enforced through the Dept of Justice, and the Constitution of the United States. The only issue I have with the book is the sourcing. He does mention certain events by personal experience, but controversial topics (such as the Waco and Ruby Ridge incidents during the 1990s) doesn't have a footnote or any means to support the facts as he explains them.
June 19, 2019
Napolitano, a former judge, demonstrates that the government is not in the business of justice, but of power. Our government has lost all restraint and exercises raw power as much as it can, in order to control the lives of those that it is meant to protect. We must be careful to return the authority to the people, and hold the government accountable, lest we too get caught in the machinery of the state.
Contrary to popular belief, the government is most certainly not your friend. We must recognize this and take steps to hold the government to account.
Contrary to popular belief, the government is most certainly not your friend. We must recognize this and take steps to hold the government to account.
May 7, 2010
Extremely eye-opening and thought-provoking. The Judge has definitely got me questioning a few things, thanks to this book.
This was written in 2004, just a few short years after 9/11. I would be very interested in reading a revised and updated version of it. I'm sure Judge Napolitano would have a lot more fodder for us to consider.
This was written in 2004, just a few short years after 9/11. I would be very interested in reading a revised and updated version of it. I'm sure Judge Napolitano would have a lot more fodder for us to consider.
October 14, 2011
Great, amazing! For a high school student. Oh, this is a complete book written by a judge? Oh. Sorry. My mistake.
Had this been written tighter, the subject matter would have been that much more weightier. But, he seems to take time to (a) point out how great he is and (b) jumps to conclusions not fully developed within his argument.
Had this been written tighter, the subject matter would have been that much more weightier. But, he seems to take time to (a) point out how great he is and (b) jumps to conclusions not fully developed within his argument.
August 24, 2012
Scary possibilities but the book shows how terrorism has changed the rules of the democratic game. ..and this during a republican presidency so it has nothing to do with Pres. Obama. I wonder what he will think of......
June 26, 2009
Saddening reality of today's judicial practices, the abandonment of the citizens having rule over themselves and the right to privacy and freedoms. Current trends have us giving up freedom at an alarming rate, and by the time we notice it may be too late.
January 27, 2013
Easy read. Legal analysis for the non- lawyer. Nothing special in a good way or a bad way.
Overall: scary how many and how much of our constitutional protections are worn away by the judicial branch that once protected them.
Overall: scary how many and how much of our constitutional protections are worn away by the judicial branch that once protected them.
July 31, 2010
Very interesting book about how the judicial and executive branches of government are denying Constitutional rights to citizens. We need to be aware of what the president and the Supreme Court are doing.
August 12, 2010
Although his first book, I read it last; definitely beginning (!) to sense a theme here. The government breaks its own laws; the government violates the constitution and infringes on rights all the time. Such a monster must not be allowed to exist.
January 13, 2011
I found this book to be very helpful to understanding the application of Libertarian political philosophy to law. The simple principle of: If I can't do "X" as an individual why is it suddenly ok when the government does "X" is priceless.
November 30, 2011
Excellent yet frustrating book. I'm sure as a judge he is 100% right but if you read constitutional law books and others you just can't see him being correct. I recommend this book, it isn't sexy but it is well done and Napolitano does a good job.
November 15, 2013
Interesting Quote:
"While a disarmed population doesn't necessarily lead to a genocidal government, not a single incident of genocide in the twentieth century was inflicted on an armed population."
-Judge Andrew Napolitano, Constitutional Chaos
"While a disarmed population doesn't necessarily lead to a genocidal government, not a single incident of genocide in the twentieth century was inflicted on an armed population."
-Judge Andrew Napolitano, Constitutional Chaos
April 15, 2008
Read for a political science class I took a couple of years back and thought it was a good read. Pretty interesting stuff actually.
July 4, 2008
Yet another journey into what ails this nations I have come to love.
We should listen, and then act
We should listen, and then act
September 7, 2008
This book opened my eyes to see how the judicial branch of the government really does not follow the constitution at all and how they get away with it.
September 16, 2008
The Judge is awesome. Great book. Learned about supreme court and helped me understand why some of those on the left get uptight about their consititutonal rights.
June 22, 2009
This book will make you ANGRY, and that is a very good thing. The Judge tells all about the behind the scenes of our judicial system and the lawlessness that encompasses it.
June 8, 2012
Interesting read about the breakdown of our Constitution happening all over the country. Some things had me scratching my head a little but others totally resonated. Gotta love the Judge, though!
Displaying 1 - 30 of 35 reviews