Judge Napolitano on the 2012 Election, Obamacare, and The Future of Liberty

"Those of us who really yearn for a return to first principles, the natural law, the Constitution, a government that only has powers that we have consented it may have... are frustrated by the choice between Barack Obama and Mitt Romney," says Judge Andrew Napolitano, author of the upcoming book "Theodore and Woodrow: How Two American Presidents Destroyed Your Constitutional Freedoms," Fox Business contributor, and former host of "Freedom Watch."
Reason Magazine's Matt Welch sat down with Napolitano at FreedomFest 2012 and discussed the ramifications of the Supreme Court's ruling on the individual mandate and whether or not there's a substantive difference between Barack Obama and Mitt Romney from a libertarian perspective.
Held each July in Las Vegas, FreedomFest is attended by around 2,000 limited-government enthusiasts and libertarians a year. ReasonTV spoke with over two dozen speakers and attendees and will be releasing interviews over the coming weeks. For an ever-growing playlist, go here now:
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About 6:30 minutes.
Camera by Tracy Oppenheimer and Alex Manning; edited by Zach Weissmueller
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[@ChurchOfNotNothing]

Judge you're amazing and I really enjoy listening to your articulate discussions on freedom and how it relates to our current narratives.

[@TheAuntieBa]

Six and a half minutes of sanity, clarity and even a smidgeon of hope.

[@DarthEradicus5908]

Thank God for people like the Judge!!!

[@donde2k]

We need FREEDOM WATCH back on the air now more than ever !

[@ShinyRealMoney]

We love you Judge Napolitano, you are one of the only true ideological mentors left out there. Continue to fight for the cause of liberty and we will stand with you. My question is since the Supreme Court ruled that Obamacare is a tax, then shouldnt it have to be approved by the congress. My understanding is that the House must approve of any new taxes and they did not pass Obamacare when it was in the House. Does that not mean that it is no a legal tax until it is passed in the House?

[@styzoom]

The Judge is the best. What a hero.

[@SmokeRingsPipeDreams]

Judge N. mirrors my feelings exactly. It's very frustrating.

[@vdubs4life1964]

The Judge!!!!! I love you man!

[@lrich65184]

excellent points and a refreshing perspective. thanks

[@DJAnthonyillWill]

I wish I was as brilliant and elegant as Judge Napolitano.

[@TheDad7809]

I miss you on fox b judge. At least we still have Stossel but he can not fill your shoes every night thanks for the time you were on. And thanks to Reason for keeping up the good fight.

[@fwtbff]

Please like or share or fwd or basically get this video out there somehow and give Judge Napalitano the audience he deserves.

[@EarthBornHero]

im sticking behind Ron Paul till after the RNC, in hopes he gets the nomination as slim of a chance as it seems, and truly hope that if not, he fully endorses Gary Johnson in effort to unite his supporters of liberty behind a single candidate. Was all about writing him in regardless but recently was informed that 8 states including mine have a 'sore loser' rule, and another 8 states do not allow write ins at all. All in all, its time to end the two party mainstream system of hypocrisy. peace.

[@followthefleet1]

As a non lawyer, I'm completely confused how John Adams in 1798 could sign into law an "Individual mandate" for owners to buy heath and retirement benefits for American seamen. It included government funded doctors and government funded hospitals. Also...As president, how could George Washington require an "individual mandate' for citizens to buy guns and keep them at home. If the original intent is used to determine constitutionality, how can we say today that it is unconstitutional?

[@evanr00]

The judge SERIOUSLY needs to run for POTUS in 2016!! Can you imagine? Napolitano/Amash 2016!!!

[@joshwhoisthatguy]

They don't count write ins. Furthermore, even if Paul got 5%, it wouldn't help the libertarian party get ballot access in future elections. I voted for Ron Paul when he was running. Once Romney is the official nominee (and it's going to happen, sorry to say) he will not be running anymore. Please spread the word. The liberty movement will not die, unless we let it. Support Gary Johnson.

[@GGE47]

Judge Andrew Napolitano for Chief Justice of the Supreme Court.

[@AlicexMarilyn]

He suspended Habeus Corpus, extended presidential power far beyond it's accepted scope, He called forth a militia without congressional approval, among many other things. Some of this is acceptable due to the fact a civil war was raging in this country, but that doesn't alter the fact that he in many ways violated constitutional liberties.

[@dachickenman]

Love the Judge!

[@JimmyGunXD556]

I agree I almost feel over when he made that statement.

[@StaffordChristensen]

I will be first in line for a new book from the Judge!

[@RomaCox]

My hats off to all the Ron Paul delegates. I have seen the videos of what you are going through. Thank you.

[@evracer]

Andrew Napolitano is a PATRIOT.

[@TheLegalImmigrant05]

I agree, The Real Lincoln is a great and very important book.

[@evanr00]

And the NDAA strips us of due process, that is the problem!!!!

[@michaelbarry2738]

my dream presidential administration would be President Ron Paul, Vice-President Jesse Ventura, Secretary of State Gary Johnson, and Judge Napolitano on the Supreme Court. One can only imagine how much better off we would be

[@DJAnthonyillWill]

What a brilliant man. I too am faced with a conundrum on who to vote for. At least w/Obama it's only 4 more years, whereas w/Romney it could possibly be 8. On top of that, Libertarians have little by little gnawed at the establishment. In 2016, we could possibly get a candidate of our choice since i believe moving the Democrat party to our cause is a lost one. Time will tell what us defenders of liberty will do but as of today, I'm stumped & definitely not voting for Obama.

[@Thelius42]

It was mainly the suspension of Habeas Corpus, that and issuing the emancipation proclamation by executive order when he could have easily gotten it through the radical Republican Union Congress. It set a precedent that has caused gross abuse of executive orders since.

[@jocai1039]

The Constitution is still a great document which should be followed. And yes, we can change the Constitution. It's called the amendment process. If the majority of Americans really supported something, the Constitution could be amended.

[@Jhomey17]

Go Judge!!

[@Findingshade]

Matt's playoff beard for the 2012 election is coming along great!

[@aircooledvw62]

Judge Napolitano for prez 2016!

[@RONPAULFREEDUMB]

The Constitution is not being ignored. He's living in a fantasy world.

[@BruceCamblzChin]

The Judge is the real deal.

[@BRENTD774]

Write in Ron Paul 2012!!!!!!!!!!! Support it and change the world.

[@smoky281]

I liked and favorite before even watching ;) glad i did

[@JakeBlakeProject]

You got that right! and that's the short list...

[@etcjrwpolo1087]

it would be a badass cameo for Judge Napolitano to appear in Judge Dredd

[@DJBremen]

Agreed, I tire of hearing that cop out statement...

[@fairlycrazy23]

The "act for the relief of sick and disabled seamen" was related to maritime powers or international commerce. The guns part was for a "well regulated Militia"

[@fairlycrazy23]

I actually thought it was precedent that the Congress could not do by taxation what it could not do by legislature. So it doesn't really matter if you call it a tax or not, because the Congress does not have the power to mandate an individual buy a product.

[@bigbadtxboy]

Don't vote the lesser of two evils! Vote for Gary Johnson, if for no other reason, to send a message to the establishment that we are NOT falling for this shit any longer.

[@fairlycrazy23]

I don't think it is being unprincipled to vote for the lesser of two evils rather than a 3rd party candidate who fits your views better, it is making a calculated decision on how best you can use your vote. The Judge is right, in our current system, it is a 2 man race, and it does come down to the lesser of two "evils". I don't think it is being unprincipled to vote for the lesser of two evils rather than the 3rd party candidate who you would rather support, but is making a calculated decision

[@Thorbie]

We didn't do that. The GOP did when they nominated an unappealing big government nominee. If Republicans can't get Obama voters to vote for Romney, then that has nothing to do with Libertarians. Libertarians are going to vote their principles. If the GOP can't convince voters who voted for Obama, because of a bad economy to vote for Romney, because of Obama's bad economy, that will be it's own fault.

[@libertarianjury]

This convinces me that Judge Napolitano is fairly sound philosophically, but a strategic lightweight.

[@hob976]

Regardless of your intent, a vote for either Romney or Obama will be understood as your support for their ideas and your approval for everything they'll do over the following 4 years... It doesn't matter what you intend. A whole vote isn't read as 47% approval. Your vote doesn't say "lesser of 2 evils vote" on it... . Votes are almost worthless, but they are a signal as to what people want. So vote for who you actually WANT. It's the only good your vote can do at all.

[@junktex]

Another example of the fact that there is really only one party.

[@227Morgan]

What if Ron Paul did the same? If everybody who donated money to Paul's campaign also wrote him in, it would be in unignorable large minority of the voting population which would have to be catered to at the next election cycle. If I write in Ron Paul and get two of my friends who would not normally vote to do the same, I have just tripled my voting power. If enough of us do that, it can make a serious ripple

[@jankowitts]

5:23 a- 5:32 what he said there really sank in.

[@puremilkgenius]

I was so upset, by the time I actually got Fox Business, Freedom Watch had been cancelled like a week earlier

[@stormgazer418]

Tell them, Judge...

[@ComradeLaissezFaire]

This should have been titled, "Judge Napolitano expresses his paleolibertarian viewpoint on the upcoming presidential election." Us principled centrist libertarians will vote for Gary Johnson.

[@JamieM470]

You're right. If you haven't already, research the Forty-Eighters, & Lincoln's ties with them & the republican party. Fascinating. (Wikipedia, btw, took the word "socialists" off their page a few days ago) Also, the Corwin Amendment is not talked about in public schools. Blows the slavery "reason" for the war out of the water. :)

[@TJtheHuman]

That is the definition I use, but there are other definitions. I know an elder at my very protestant church. He is a libertarian leaning conservative but the first he heard of natural law was in a book from the Catholic Church and it was referring to the Ten Commandments as changed by the Catholic Church. The first I'd heard of natural law was in talks of a stateless society. We may need to talk even more clearly.

[@silverybug]

Excellent Video!

[@TheWayha]

Long live the U.S. Constitution!!

[@alifeincomplete]

I should know better than to wade into the murky swamp waters of KZbin comments, but I can't let one of my true historical, political passions go unrepresented. The Judge is one hundred percent correct in his analysis of Lincoln as a danger to liberty, and anyone who knows history knows this. Do yourselves a favor and pick up a book titled "The Real Lincoln" by Thomas DiLorenzo and you will get an understanding that your history teacher never told you. It has nothing to do with race!

[@longlivecrow]

He wasn't supporting him. He just said he would rather have Romney appoint judges than Obama.

[@RGW88]

No I did not. I will have to read up on this. Thanks

[@techhost8758]

love the videos reason!

[@jowoo7237]

Most states do not allow write in's, or have restrictions :(

[@eurohim]

Although you have to remember that in 2008 all the third party candidates combined only got 1.53% of the popular vote and you really have to look to find that information.

[@JimmyGunXD556]

"A mortgage interest deduction is a penalty for those who rent." If your rent is $700 pr.mo. What portion of that means anything to the rentee. The renter supplies a product and service. If you do not like it you find another place, kind of like a car. His operational cost is of no interest to me nor need apply. Do home owners get free trash pickup? Do home owners get free maintenance? Do home owners get free utilities? Do home owners get 1 month free mortgage? Renting is such a penalty.

[@RONPAULFREEDUMB]

Have you read the Constitution? It says Congress can do what is necessary and proper to coin Money, regulate the Value thereof. Why does Ron Paul think the president has the power to end the fed and regulate the value of the dollar?

[@KeelyJ777]

I see, thanks for the education. It does get a little confusing though you must admit, I mean Alan Greenspan said: "first of all, the Federal Reserve is an independent agency, and that means, basically, that there is no other agency of government which can overrule actions that we take. So long as that is in place and there is no evidence that the administration or the Congress or anybody else is requesting that we do things other than what we think is the appropriate thing"...

[@JackSchytt]

I'm sorry, but this man should be a member of the US Supreme Court.

[@DizziNY1]

Andrew Nap is awesome.

[@TJtheHuman]

Judge should say what he means by "natural law". To some of us that means Catholic theocracy. To most libertarians that means stateless law.

[@NoNameC68]

Please don't vote for the lesser evil, vote for whom you think should be president. That's the problem, everyone votes for the lesser evil! If more people can vote for whom they truly wish would become president, we can convince EVEN MORE people to vote honestly, and even more after that! It's a slow process, but we'll never break free from the loop by voting for the lesser evil.

[@BeardsBladesandHair]

Matt Welch's beard is awesome.

[@AlicexMarilyn]

He also suspended the right of Habeus Corpus, he tried people in military tribunal when such a trial was uncalled for, and it is common opinion that no one carried the presidential ordinance (extended executive powers) further than Abraham Lincoln. Now of course Lincoln was more justified in his actions (given that there was a civil war occurring) but he definitely was a threat to human freedom.

[@vonGleichenT]

We need a lot more Knight Watchman. Unless we want the government to get totally out of control.

[@RomaCox]

I do understand and respect Judge Napolitano's dilemma when he says it is frustrating to be given a choice between two men (Obama and Romney) who are both clearly big government anti-constitutional choices. He further states that Romney is the lesser of the two evils. That I can respect because is is honest (true? may be, or may be not). Small doses of poison over a long period of time is just as deadly, and probably more torturous and inhumane.

[@SmokeRingsPipeDreams]

Maybe, if we all vote for Gary Johnson and Obama is elected the Republican party will come to it's senses and realize they need to more toward libertarian values? A vote for Gary Johnson could send a strong message.

[@fairlycrazy23]

that was my understanding before this ruling

[@chewycandy666]

It truly doesn't matter who you vote for.Your vote is counted in a manner inwhich the outcome is what the establishment wants.In other words, if the establishment is for Romney, it doesn't matter if the majority of the people voted for Obama, we will get Romney.However, we already know that the only two candidates are both establishment backed.Either way the establishment wins and the people lose.This is not a game it's reality.Peace.

[@originalscottfree]

Judge Napolitano: Keep telling it like it is.

[@RonPaulKicksAss]

I am voting for Ron Paul!

[@TheLawRival]

"There is no such thing as a power of inherent sovereignty in the government of the United States. It is a government of delegated powers, supreme within its prescribed sphere, but powerless outside of it. In this country sovereignty resides in the people, and Congress can exercise no power which they have not, by their Constitution entrusted to it. All else is withheld." JUILLIARD v. GREENMAN. 'THE LEGAL-TENDER CASES.' 110 U.S. 421 (1884)

[@RONPAULFREEDUMB]

The Federal Reserve answers to Congress and their responsibilities can be easily changed by Congress. You are mistaken. The Fed is set up so that it conducts monetary policy independently. That does not mean they don't have to "answer" to anyone. Fed is not a privately owned bank. You are mistaken about that as well. The 12 branches are private non-profit corporations. The Federal system is part of the federal govt.

[@TJtheHuman]

I thought we took over the party here in Maine. There is still much work to do. I feel as if they will ditch me and I will just continue to build the Libertarian party, as Jim DeMint predicted. But thank you.

[@dootndo2]

Wearing a blue tie will cause you to be taxed. Doesn't wear a tie. Get 'em Judge!

[@kclaytor2]

Judge said, "...the president most dangerous to human freedom since Abraham Lincoln." Someone please explain to me how Lincoln was dangerous to human freedom.

[@healthhavencom]

The Judge is one cool cat. Go Reason.

[@fender7802]

GREAT BEARD MATT.

[@Buttnut105]

I never thought the president should have the power to appoint supreme court justices. That to me can only lead to the tail wagging the dog.

[@raspberrymuffin]

New Jersey needs to put less focus on Chris Christie and the Jersey Shore cast, and more on Judge Napolitano if they don't want to be made fun of.

[@joshwhoisthatguy]

Please don't write in Ron Paul, vote Gary Johnson. A strong finish by Johnson will deliver a big boost to the Libertarians under terms of state election law, potentially making it easier for the party's candidates to secure a place on the ballot for governor, the Legislature, Congress and other offices starting in 2014. Libertarians have a chance at becoming a "major political party" if Johnson wins at least 5 percent of the total vote in the November general election.

[@LibertyDownUnder]

Focusing on his past comments & policies is a waste of time. If you put him in place and keep educating the population about free markets and Libertarian ideas, you can make progress. If you sit around and wait for Mr Perfect to ride into Washington and fix all the country's problem you could be waiting for a long time.

[@gino007able]

taxing, once imposed, never removed.

[@mooman246]

The country is screwed, only hope is for a contingency of states would economically secede so the thinking adults know where to migrate.

[@LibertyDownUnder]

I think more Libertarians need to listen to this particular interview. You don't need to ENDORSE Mitt Romney, you just need to admit that you'd PREFER him to be choosing supreme court judges. Romney is certainly a compromise, but at least Obama's radical team will not be running the show without regard to any rules or restrictions.

[@StopTheMorons]

I would go as far as to say Judge should know better, I mean it is clear that he does know better but for some reason he is appeasing the crowd that still thinks Romney is better.

[@TJtheHuman]

OH I LOVE YOU! The local GOP committee meeting wants to kick libertarians like me out over this. I going to give it to them cold at the next meeting.

[@360000mike]

For better or worse there won't be a 2016 election.... At least not an election as was previously known.. Michael-- Deo Vindicabamur

[@TJtheHuman]

Seriously. Why all the negative votes. I am as libertarian as the next guy, but when I used the phrase "natural law" with someone twice my age I was misunderstood.

[@jermzillmer]

Gary Johnson is a great alternative to RP.

[@JimmyGunXD556]

Taxes are pressed because needs of the people are being pressed on our government. The rich are not paying their taxes. People think privitizing is the answer, to a degree yes, but what happens when competition comes in? Well to stay competitive the wage of the worker pays the price here or it goes over sea's. Which is a perfect example of the middle class disapperaing. Next time you buy a I-Phone thank the american economic/buisness owener patriot for his support. Then kick him in the balls.

[@KeelyJ777]

"is requesting that we do things other than what we think is the appropriate thing". I hope that insinuates that the federal reserve can have its power taken. Do you believe that the world needs a federal reserve, I mean the free market idea that Ron Paul and Peter Schiff keep going on about seems to make much more sense. I'm not backing either idea as I don't know too much about it, but from your point of view why would you back the fed when it comes to monetary policy??

[@crapthatass88]

NAPOLITANO 2016!