GyG: Judge Napolitano...On The Pauls, Lincoln, Etc.!!!!! ("...The Problems...Started with Lincoln...")

 

…..Daily Bell: What’s your take on Ron Paul? Give us a summation of his career.

GyGRet (Photo credit: GunnyG1345)

Judge Napolitano: I think he probably continues to go around the country, keeping the dialogue going of small government and maximum individual liberty. I think he probably passes the mantel to his son, Senator Paul. Senator Paul and Governor Johnson probably battle it out and if they can’t come to some kind of agreement as to who will personify human freedom and who, in public life, will be the champion of it.

RPREVOLU (Photo credit: GunnyG1345)

I think that’s probably a good thing because I think the movement will continue to grow.

With Congressman Paul free from congressional duties he might actually stir up the pot even more then he’s done already. My next book, which comes out after election day, is an assault on the progressive era, dedicated to Ron Paul in large measure because no person in these times has done more to remind people about the loss of liberty than he. He has been an inspiration to millions and among those millions is me.

Daily Bell: Are you a backer of Rand’s generally?

Judge Napolitano: Look, I understand why he endorsed Governor Romney. Of course, I would never do it but I understand why he did it because he has to live in the Republican Party and has to have peace with the Republican establishment in the United States Senate. I am sure it was done with the consent of his father. I understand it did not go over well with rank and file and I know that because it didn’t go over well with me. Once this election is over, whether Governor Romney wins or the President is re-elected, I think Rand Paul will be his usual self and that usual self is one of the very few members of the Congresswho believes that the Constitution means what is says.

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Daily Bell: You were negative about the freedom trend in the US last time we spoke. Are you more hopeful now?

Judge Napolitano: No, not at all. No. The government keeps getting larger and more in our faces. There is less outrage than there used to be. The Air Force predicts that in ten years there’ll be 30,000 drones in the sky at any given moment and that some of them will be the size of golf balls and some will be the size of mosquitoes, and nobody is complaining about that. People seem willing to give up their privacy in exchange for safety. People forget they need protection from the government.

People are confusing freedom and safety. Freedom does not promote safety; freedom promotes unfettered choices, free from government interference. It accepts the fact that there will be some dangerous things in society but it assumes that risk from danger without is a more desirable state of affairs than an authoritarian government than within. I think these are bad days for freedom and unless a Ron Paul, Rand Paul or Gary Johnson is in the White House they will continue to get bad. I just couldn’t imagine a President Romney dismantling the security state, not enforcing the Patriot Act, disregarding the National Defense Authorization Act, stopping all the drones. I just couldn’t imagine that happening. Until that happens, we’re at the tender mercies of whatever faceless bureaucrats are running the government.

Daily Bell: How did the US Constitution get perverted?

Judge Napolitano: Well, I think that the problems with the Constitution began in the Lincoln administration, when he drilled people for doing what the founding fathers did, which was seceding from an overbearing central government. In the so-called Reconstruction years, which really were the years of military occupation in the South – Reconstruction is just a euphemism for that – the military directed daily life in the South for 10 years. That really whetted the federal government’s appetite for more power. Now we see a recession in that power for the next 30 years and then it comes back in the Progressive Era, and the progressives are so all-encompassing that they sit even on the courts. And the courts let Teddy Roosevelt and Woodrow Wilson get away with things like, ‘we are not going to let the Constitution stand in our way’ for what the people need. That’s utterly inconsistent with their oath to office.

Of course, the real serious troubles with the Constitution are with the FDR years. FDR has eight members on the Supreme Court and they are doing bizarre things like saying that wheat to the farmer, which grows in his backyard, which is ground into flour and made into baked goods all of which are consumed by his family, somehow constitutes interstate commerce, and people accept that with a straight face. That’s, of course, the infamous, Wickard v. Filburn case in 1942. From and after that case, all bets are off and the Congress now knows that its authority to regulate even minute behavior will be held up by the court, even behavior so infinitesimal that it’s not measureable by standard economic mechanisms. Because Wickard v. Filburn basically says if small infinitesimal activity ended up with other small infinitesimal activity, that’s how the entire country could affect interstate commerce and the government could regulate even the small, infinitesimal parts of it. This would send Jefferson and Madison to the madhouse if they learned that the Supreme Court did this and the Congress acted upon it but as we know, that’s what happened…………

EXCERPT!!!!!

http://www.thedailybell.com/4257/Anthony-Wile-Judge-Napolitano-on-the-Virtues-of-Private-Justice

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