by Judge Andrew Napolitano
What if the principal parties’ candidates for president really agree more than they disagree?
What if they both support the authority of the federal government to spy on Americans without search warrants? What if they both support confining foreigners, uncharged and untried, in Guantanamo Bay? What if they both believe the president can arrest without charge and confine without trial any American he hates or fears?
What if they both believe in secret courts – kept away from the public and the press – that can take away the rights of Americans? What if they both think the president can disregard the Constitution when it comes to the rights of those the government has confined to speedy trials, to confront witnesses and evidence against them, and to counsel of their choosing? What if they both believe the government can use evidence obtained under torture at trials in American courts? What if they both think the president can incarcerate those he once prosecuted, even after acquittal?
What if both major presidential candidates believe they can fight any war, assassinate any foe or assault any country using the military or the CIA, and they need not ask Congress for a declaration of war as the Constitution requires, nor account to Congress or the public as the law requires? What if they both want American troops to remain in Afghanistan, even though no foreign country in history has successfully done so, and even though the culture in Afghanistan is as lawless, as vicious to women and children, and as harmless to America today as it was when President Bush invaded it in 2001?
What if they both think this costly and fruitless war – the longest in American history – is somehow good for American freedom and security, even though most Americans do not? What if they both refuse to understand that the longer we are killing people in foreign lands who can cause us no real harm the more likely will people from those lands come here and bring us real harm?Details