Judge Napolitano: ‘We have achieved universal watching and monitoring’

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On radio this morning, Glenn spoke with Judge Andrew Napolitano about his new book, Theodore to Woodrow: How Two American Presidents Destroyed Constitutional Freedom. In keeping with the theme, Glenn also asked the Judge for his thoughts on the Supreme Court rulings and the NSA scandal.

“This is just the end phase of the fundamental transformation of America, and we are transforming into a country that none of us, you know, want to necessarily build,” Glenn said. “We are turning into a country that all men should fear. Would you agree with that?”

“In general I stand with one of your and my favorite American heroes, even though he wasn’t born in the United States, Thomas Paine, who said it is the duty of the patriot to protect his countrymen from the government,” Judge Napolitano responded. “Because there is no greater force for the destruction of freedom in this country than the government combined with the compliance of people who accept what the government says and who comply with what the government commands and believe it is telling the truth.”

Between the IRS and NSA, the government has the ability to catalogue and store all of our records. They have control over almost everything.

“You go across the street to buy an ice cream cone and they know you ordered vanilla. You run your dishwasher with only half the dishes in… they know it. You warm up a bowl of tomato soup in your microwave and they know it. You talk to your spouse on the phone and they know it, and they know what you said and they know… when she called you and where you were when you took the call,” Judge Napolitano explained.

People often use the argument that it doesn’t matter whether or not the government is listening to phone calls or reading emails because if you aren’t doing anything wrong, what difference does it make. The Judge explained, much like Glenn has, that allowing for the erosion of our right to privacy is a slippery slope.

“The difference that it should make to everyone is the value of personal dignity and personal liberty in a free society,” Judge Napolitano said. “Human beings do not achieve our full actualization, our full capacity as thinking‑free, loving preachers of God when we are watched and monitored because the next step after ‘watched and monitored’ is a permission slip… We have achieved universal watching and monitoring. Whatever you think of this kid Snowden, wherever he goes, whoever he’s spilling the beans to, in my opinion, his post‑spilling the beans behavior does not diminish one iota the patriotic heroism of the initial spilling the beans… We now know for sure that they are monitoring our every move.”

In a post-September 11th world, all Americans understand the need for intelligence as it applies to national security. But in an attempt to maintain security, we have forfeited our liberty. “Where does the government get that authority under the Constitution,” Judges Napolitano asked. “And whatever happened to the Fourth Amendment, which was written to prevent the government from doing that very type of thing?”

To close, Pat asked the Judge how he felt about the SCOTUS decisions today. “As a libertarian I would suspect that maybe you’re okay with the overturning with the Defense of Marriage Act,” Pat asked.

“As a libertarian I am. As a libertarian this is not a matter of marriage equality. Forget about equality. It’s a matter of marriage neutrality. It’s none of the government’s business who I want,” Judge Napolitano said. “As a Roman Catholic, as a pre‑Vatican traditionalist Roman Catholic, I am governed by the laws of the church, and marriage is a sacrament. But that’s the laws of the church, not the laws of the land. And we still have separation of church and state.”

  • http://www.artinphoenix.com/gallery/grimm snowleopard (cat folk gallery)

    I imagine they already are.

  • http://www.youtube.com/watch?v=htXuNPBko3Q Sam Fisher

    Welcome to the Obama police state. 

  • http://www.facebook.com/maryanne.plank Mary Anne Plank

    I think that the government is getting too big. This President wants people ignorant so he can take over the minds of American’s like Hitler did in World War 2 to the Jew’s.

  • Anonymous

    If they get to “spy on us”, isn’t it fair that we get to listen in on them in their homes. Somebody with mad hacking skills (that’s not me…haha) needs to hack the White House toaster….just saying….

  • Judy Thorne

    Is this why there was the mandatory HD tv to the point the government helped people pay for them? I told my husband when they did that it was odd ‘what did the government care about the quality of our tv.

  • Anonymous

    And people mocked the crap out of me back in1988 when I told friends about (THE EYE IN THE SKY) my father worked on crap that would make people fill there pants.I pray that they remember the stuff I told them .WE are just beginning to see the evils take this serious please if not only for what they have pulled on the U.S.

  • Anonymous

    It took 40 years of the American colonists getting B%tch slapped by the English King before they rose up against the tyranny imposed upon them!!  How long is it going to take before the muzzeled cowed silent majority gets off their collective butts to do something about the tryanny we have had to endure?  Oh sorry your favorite T.V. show is on or you or don’t want to get involved because it doesn’t really affect you!!!  Wake up and get you fat butts off the couch!!!  soft tryanny is still tryanny!!!

  • Anonymous

    All of our rights in the Bill Of Rights are on the edge of being destroyed and the Republican Party is so obsessed with being “bipartisan” that they will do nothing to stop it. They support the immigration bill of the “Gang of 8″ without caring that it will take most of the jobs in this country away from the citizens and give them to the “undocumented migrants”. They won’t defend the rights of Christians to believe and practice their beliefs without being persecuted and assaulted by the government. Marriage, which used to be strictly a religious sacrament, has become a meaningless government permit, like a drivers’ license, to be bought for a taxfee paid to a bureaucrat. Our lives are examined by government spies and our actions are recorded by faceless bureaucrats. This is no longer a free republic. It is time to replace all of the Republicans who claim to be Conservative, but vote and propose legislation that is Progressive in nature. Get them out, wherever they may be, from your school board to the U.S. Congress. We can no longer tolerate their acts of betrayal. Vote them out and replace them with real Conservatives or Libertarians who will get the government back where it belongs and out of our homes, schools, and our lives.

  • Anonymous

    I never got a TV and never will. But I suppose that this computer I use is being monitored. We are in the land of the fee and the home of the slave now.

  • Anonymous

    Yes, Judge, we “… still have separation of church and state.”  Today’s decision is problematic, however.  As you know, this may be the “trojan horse” which allows federal interference with the rights and duties of the clergy who feel they must follow the demands of their faith.  I believe that David Barton points this out in regard to the military, in particular, in another story on this site.

  • Anonymous

    Isn’t it about time that the US House members, US Senators and all of the officials in the Executive Branch (e.g. Barry Hussein, Clapper, Holder, Napolitano et.al) that devised, funded and brought about PRISM be tried for treason and executed.

    This is the biggest violation of our Constitutional rights in the history of the United States.  The traitors need to be tried for treason and face the music.  No second chances for traitors.  Republicans, Democrats, Conservatives, Liberals or Progressives it doesn’t matter.  If they knew what was going on, and did not stand up for the freedoms we hold so dear, they are guilty. 

    They have become the “domestic enemies” that they took an oath to defend us from.  Our founding fathers knew exactly where the threats to our freedoms would come from and what we now know shows that they were not only brilliant men, they were also prophets.  Our own government has become the greatest threat to America’s freedoms.

  • http://www.facebook.com/larrie.veith Larrie Veith

    “The scientific concept of dictatorship means nothing else but this: power without limit resting directly on force, restrained by no laws, absolutely unrestricted by rules.”  Vladimir Illyich Ulyanov  AKA, Lenin

  • Anonymous

    We the people know what is happening at least the Republicans and conservatives, but nothing is being done.  I am sick and tired of hearings and nothing comes out of them.  IRS, Benghazi, James Rosen to name a few.  Nothing has been done and will never be.  Everything is over as far as the left is concerned.  Nothing else will be done.  obama is moving on, wasn’t that is first one liner when running for President?  Move on!!  He is looking at us through is rear view mirror and laughing.  We need to gear us and get out and vote and we need to make the next change in 2014.  Let’s take our great Country back!!!

  • Anonymous

    You are so so true.  But first you have to have men and women of moral conviction and I am sorry to say it is not what is in office now.  We have immoral, cheats and liars in the offices that our founding fathers held.  We are now living in the times of Sodom and Gomorra.  God will soon take over.  

  • Anonymous

    “In 69 I was 17…….” sounds a little like a Jackson Brown song doesn’t it?  You are correct about the lies, corruption and traitors that have filled the seats of our founding fathers.  Our founding fathers knew that “For evil to triumph requires only that good men, and women, do nothing.”.  We can now plainly see the corruption of those in our government.  Their lies have exposed hem and there’s no longer any place for them to hide.  We ARE God’s soldiers and he preserved this land for us.  If he wanted to send down legions of angels to remove this scum he could do it in the blink of an eye.  This is our test and we are His agents.

    The only question that remains is will we fight for our country?  Will we remove the traitors and imposters and return our God given freedoms to God’s children here on earth?

    I am happy to fight for America’s Constitutional freedoms and ready to die if necessary.  And I know there are million more just me.  We do not support or sustain the ideas or actions of the Grand Negro – Barry Hussein.  He will be tried and executed as a traitor. 

    History is not kind to people like Barry, Hillary and Holder.  They have overstayed their welcome, violated their oath of office and clearly overstepped their constitutional powers.  It is time for Justice and Justice is coming.

    If you’re wondering what the numbers look like for the coming battle, simply look at how many hunting licenses are issued every year. Each hunting license represents a fellow brother with a gun.  Texas, Michigan, Wisconsin all issue at least 1 million per year.  Minnesota, Idaho, Utah Wyoming: hundreds of thousands.  Then on to Alabama Mississippi, Louisiana: a couple million more.  And many of us are military trained.

    I think the Muslim imposter has miscalculated his hand.  If stone age tribal leaders in Afghanistan can defend themselves against our troops for over a decade now, just wait and see what the results are if Barry Hussein thinks his balls are big enough to start a fight with “We the people.”.  The guy is a complete jagoff and he’ll wind up just like Sadam Hussein his cousin and Khadafy.. These insane types all overplay their hand and end up hiding in a hole somewhere. 

    The FBI, CIA, IRS, Homeland Security and certainly the US military aren’t going to follow an “illegal order” from a puppet like Barry to open fire on their parents and family members.  During the 60′s the words to the song went “they’ve got the guns but we’ve got the numbers….”  today the words to the song go “we’ve got the guns AND we’ve got the numbers….”.  Barry should start losing sleep at the fool he’s made of himself.  He and his friends were cowards in the 60′s and their even bigger cowards today.  Send the Chicago punks back to Chicago.

    Is there anybody out there that thinks that true American heroes and warriors like those from Seal Team 6 would ever follow Barry Hussein’s “illegal” order to attack American citizens?  I don’t.  I think guys like Ted Nugent have it right.  Millions of free American men and women will rise up together to defend the Constitution and defeat a corrupted group of America hating traitors.  I’m with Ted…….locked and loaded, ready at a moments notice.

  • ken.

    if anybody’s not busy they can start following government officials and politicians around where ever they go and camp out in front of their houses and offices. taking pictures and video of everything they and their families do. see how much they like it.

  • Anonymous

    I think we might be close.  Fast & Furious, Benghazi, the IRS targeting, Holder’s lack of Justice Dept., the IRS sending $46 million to 20,000 different folks at the same address in Atlanta, the NSA monitoring every single American and no one has lost their job or been held accountable.  My personal BS meter is off the f***ing chart right now.

    It is way past time to wake up and kick some serious &ss.  I’m talking about starting with the leaders of the NSA and the House and Senate Intelligence committees (e.g. Mike Rogers and Dianne Feinstein) and try them for treason.  We offer immunity and a $100,000 bonus to every person who offers testimony that leads us to a guilty verdict against the folks that thought this whole Prism thing was OK.  And you go clear back to Reagan if you have to.  We’ll have folks coming out of the walls to testify against these traitors.  We need some public executions of traitors who have violated the Constitutional rights of every American. 

    Now that we know what’s been going while we’ve been working our butts off to provide for our families, it’s time for the corrupt SOB’s to face the music.

    And for those of you who are still lost in the ether, why don’t you check out what the retirement program for Congressmen and Senators is.  They don’t participate in Social Security, they have their money in a separate fund (The Federal Thrift Fund) which is invested in the stock market and growing.  Do you remember that they didn’t want our money (e.g. Social Security) invested in the stock market (“privatized”) because it was far too risky.  The real reason they didn’t want the Social Security Trust Fund invested in the stock market is because if that money were invested, the Congress could not spend it.  So they’ve gone ahead and spent all of “OUR” retirement money, while theirs is safe and sound and growing.  After serving one term in office, they receive 100% of their salary for the rest of their life, plus if they die, their spouse receives 100% of their salary for their entire life.  And they get all of their health benefits for life.  Anybody out there getting a retirement like this?  Don’t think so.

    So in addition to inconceivable corruption, violating the Constitutional rights of every American, they’ve consistently given themselves pay raises and have come up with the world’s most amazing retirement plan ever conceived by mankind, while spending “We the people’s” Social Security funds to buy votes.  You really cannot make this sh*t up.

    If you’re not pissed yet, please go back to your favorite TV show or video game.

  • Anonymous

    AWESOME REPLY SIR!!!!!!

  • Anonymous

        The government is attempting to gain control over the energy sector of our economy.
    Global Warming is a fabrication. A cursory examination of the historical temperature data set available to the “so called” scientists reveals that almost no historical temperature data is available for the Southern hemisphere. Yet they then present their finding with no margin for error. As a Mechanical Engineer, I find that ridiculous.
        The laws of supply and demand has been causing the cost of energy to increase at an exponential rate. Energy costs have historically increased at about 5% per year, doubling about every 15 years.
       The cost of renewable energy has been decreasing.
       In the very near future, it will become more economical to live off-grid than to be tied to the grid.
       As solar energy becomes more widely used the effort to reduce carbon emissions will be unnecessary. 
       I have designed a Combined Heat and Power Concentrating Solar Photovoltaic Collector especially for off-grid application. It utilizes 75% of available solar energy and the solar projected surface is made of reflecting sheet like parabolic trough thermal collectors. Thus the cost of the energy produced is greatly reduced. 
       Your Federal Government wants solar energy to be grid tied. I do not.
       Please visit my web site, http://www.offgridtexan.com
       I am hopeful the the government not be allowed to control the Sun.

  • Max

     land of the free and home of the brave … good god. Really admire Mr. Napolitano for these words.