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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review May 17, 2013/ 8 Sivan, 5773

Storm Clouds Gathering

By Judge Andrew P. Napolitano



http://www.JewishWorldReview.com | Government is bad for personal freedom. That argument is premised upon the truism that everything government does interferes with freedom because it either prohibits or compels. Everything it owns it has taken from others. Much of what it says is divorced from the truth. President Obama, like President George W. Bush, has argued that his first job is to keep America safe, and if he impairs personal freedom in the process, that is a small price to pay for safety. Many of my colleagues in the media on the left and right have bought this argument, notwithstanding its fallacies.

Until now.

This past week, we learned that the IRS has targeted for additional scrutiny the tax exemption applications of groups with whose messages it disagrees. We also learned that the Department of Justice obtained the personal telephone records of hundreds of reporters and editors employed by the Associated Press without a search warrant issued by a judge. And during this past week we learned that the White House, the Department of State and the CIA all engaged in a conspiracy of disinformation so that the official version of events of what caused the murders of four Americans at our consulate in Benghazi, Libya, would not impair Obama's re-election campaign in 2012.

The common threads in all of this government secrecy and lying are a general rejection of government's moral obligation to tell the truth, a disturbing yet brazen willingness to evade and avoid the restrictions the Constitution has deliberately built around government, and a glib admission that the government can do as it pleases so long as it can politically get away with it.

The Constitution's Equal Protection Clause requires that the government treat all similarly situated entities in a similar manner. The Constitution's First Amendment prohibits the government from using the speech and expressive activities of persons in America as a basis for the disparate treatment of them.

Thus, on its face — that is, on the basis of what the IRS has admitted and without any further investigation — we have violations of these constitutional principles. If the IRS were to examine the applications for tax exemption of Media Matters with the same level of scrutiny as it does with Tea Party Patriots, it would not run afoul of these principles. But Congress has given the IRS broad latitude to scrutinize the behavior of the taxpayers it chooses to scrutinize, and the IRS has given itself authority to probe, prod and plunder wherever it wishes. I say "given itself," because the IRS has rule-making power, which when overlooked by Congress (as is almost always the case) actually serves to enhance IRS powers beyond what Congress permits.

Short of criminal behavior such as bribery or conspiracy, the IRS employees who have singled out applications for tax exempt status for more scrutiny based on anticipated political expression are subject to removal from office, but they cannot be prosecuted or sued. Here again, Congress is to blame, as both Republicans and Democrats have used and abused the IRS to their advantage, and neither party inwardly wants laws that will prevent it from doing so in the future. Is this what you expect of our tax collectors?

The First Amendment also assures the right of professional journalists to seek and protect their sources, and it gives them immunity from government prosecution or retribution for truthfully publishing matters of material public interest, even when it involves information stolen from the government. The Supreme Court taught us this in the Pentagon Papers case.

Moreover, the Fourth Amendment requires that if the government wants private information about who stole its secrets, it needs a search warrant from a judge. But the Patriot Act, which was celebrated by some in the media whose telephone records have since been seized, permits federal agents to write their own search warrants when they seek records from a third party like a telephone company and can claim that pursuit of terrorists is at stake. The Patriot Act makes a mockery of the Fourth Amendment, and the government knows that. When the government chills free speech, we all suffer. Thomas Jefferson preferred newspapers without government to government without newspapers. Whose personal records will the government authorize itself to seize next?

The lesson of Benghazi is that we had no lawful right to interfere in the domestic affairs of the Libyan government. It was unlawful for Obama to bomb Col. Gadhafi without a congressional declaration of war. The organized assault on our consulate was the unintended consequence of us using force to infuse American-style democracy on a people whose culture is unable and unwilling to accept it.

But the president's people were terrified that the murder of our ambassador to Libya during the 2012 presidential campaign might impair Obama's re-election chances. So they and he tried to rewrite history, and the more they and he lied the more they and he needed to lie to cover up their original lies. Would you retain an employee who lied to you about the deaths of innocents and lied more to cover up the original lies?

Now, back to Bush and Obama and the president's job. According to the Constitution, the president's first job obligation is to preserve, protect and defend the Constitution. According to the Constitution, that means preserving Americans' freedom first and safety second. Freedom is our natural state and is the ultimate natural right. Safety is a need that we ourselves can provide when unimpeded by the government. If the president keeps us safe but not free, he is not doing his job. Do you know anyone who feels freer or even any safer because the government trampled personal freedoms and so far has gotten away with it?

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

Your comments are appreciated. Please send them by clicking here.

Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the Senior Judicial Analyst at Fox News Channel and anchor of "FreedomWatch" on Fox Business Network.



Previously:


05/09/12 Why We Should Mistrust the Government
05/02/12 More Holes in the Fourth Amendment
04/25/12 Boston and Freedom
04/18/12 Taxation Is Theft
04/11/12 Drones, Guns and the President
04/04/12 When the Government Goes Bankrupt
03/28/12 Hope for the Dead
03/21/12 No More Asking for Permission To Speak
03/14/12 What if Nanny Is a Thug?
02/28/12 Obama's False Alarms
02/14/12 Obama's Secret Court for Killing
02/07/12 Obama Gives Himself Permission To Kill
01/31/12 Both sides in immigration debate overlook main issue
01/24/12 Guns and the President
01/17/12 Guns and the Government
01/10/12 Guns and Freedom
12/13/12 Government Spying Out of Control
12/06/12 Republicans for Big Government
11/29/12 Republicans and Taxes
11/15/12 Silencing General Petraeus
11/08/12 Four more years to crush personal freedoms
10/25/12 Silence on Libya
10/18/12 Who Is Responsible for the Mess in Libya?
10/11/12 Let Gary Johnson Debate
10/04/12 Two Failures
09/27/12 The Arab Spring Becomes a Western Winter
08/23/12 Abortion and Rape
08/16/12 November's Choices
08/09/12 Gazillions
07/19/12 The Rule of Law
07/12/12 We Are at a Turning Point
07/03/12 A Vast New Federal Power
06/28/12 Restraining Arizona, Unleashing the President
06/21/12 Can the President Rewrite Federal Law?
06/15/12 Squealing Versus Killing
06/07/12 Where Is The Outrage?
05/31/12 The Secret Kill List
05/24/12 What If We Have Only Memories of Freedom?
05/17/12 Is There a Drone in Your Backyard?
05/10/12 What Constitutes a Fair Trial?
05/03/12 The President's Private War
04/26/12 Rick Perry Was Correct
04/19/12 A Government of Waste
04/12/12 What If the Government Rejects the Constitution?
03/29/12 Can the Government Force You To Eat Broccoli?
03/22/12 Is the CIA in Your Kitchen?
03/15/12 Can the Secret Service Tell You To Shut Up?
03/08/12 Can the President Kill You?
02/23/12 What If Democracy Is Bunk?
02/16/12 Time To Tame the Federal Beast
02/09/12 Do Catholics Have Too Many Babies?
02/02/12 What Is a Just War?
01/25/12 A Few Words About Abortion
01/20/12 How Much Economic Freedom Do We Have in the United States?
01/12/12 What If Elections Don't Matter?
01/05/12 Big Government Cannot Pay Its Bills, Again
12/29/11 The Case for Austerity
12/22/11 New Ideas or Fidelity to Old Principles?
12/15/11 The Government as Lawbreaker, Again
12/08/11 What if our rights didn't come from the Almighty or from our humanity, but from the government?
12/01/11 Can Congress Steal Your Constitutional Freedoms?
11/24/11 What if the Constitution No Longer Applied?
11/17/11 Congress and Secrecy
11/10/11 Does the Government Work for Us, or Do We Work for the Government?
11/03/11 Look at What the Government Has Done with Your Money
10/27/11 What Have the Wars Done for You?
10/20/11 Is Freedom in America a Myth or a Reality?


© 2012, ANDREW P. NAPOLITANO

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