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Profile: Andrew Napolitano
Andrew Napolitano was a participant or observer in the following events:
The National Republican Senatorial Committee (NRSC) launches attacks on Minnesota Secretary of State Mark Ritchie (D-MN) in an attempt to throw the Minnesota Senate race recount into doubt. Senator Norm Coleman (R-MN) and challenger Al Franken (D-MN) ran for Coleman’s seat in the US Senate, and the results, narrowly favoring Coleman, were challenged by Franken (see November 4-5, 2008). The NRSC distributes a three-page “backgrounder” on Ritchie to reporters that implies Ritchie is letting his political background affect his conduct in administering the recount. Among Ritchie’s “suspicious” activities are his speech at the Democratic convention during the summer, and his having “led a voter registration coalition that included ACORN,” the much-vilified Association of Community Organizations for Reform Now (see May 2, 2008, October 7, 2008, October 18, 2008, and October 14, 2008). The NRSC even attempts to imply that Ritchie is a Communist sympathizer in a piece entitled “Communist Party USA Wrote Encouragingly Of His Candidacy.” (On November 19, Fox News’s Andrew Napolitano will call Ritchie a “former Communist” and a “former member of the Communist Party,” but without advancing any proof of the allegations.) According to a report by TPM Muckraker’s Zachary Roth, “there’s no evidence that Ritchie has ever used his role as the state’s top elections administrator to advantage Democrats.” Roth writes that “the point of the GOP gambit… appears to be to cast public doubt on the integrity of the recount process, thereby bolstering Coleman’s claim that’s he’s the rightful winner and that a recount is unnecessary—just the strategy pursued by George Bush’s campaign in Florida in 2000.” [TPM Muckraker, 11/11/2008; Media Matters, 11/20/2008]
Fox News senior judicial analyst Andrew Napolitano hosts radio host Alex Jones on the online program Freedom Watch. Jones says that he has long pointed out “how hundreds of mainstream news articles a week are saying there is a new world order, a global government. It will be run by the very banks that are collapsing society by design, and we will pay carbon taxes to them.… [T]he good news is, I’ve never seen an awakening this big. And I’m seeing, you know, people like Glenn Beck talk about the new world order on Fox. I’m seeing you talk about it for years before him. We’re seeing [CNN host] Lou Dobbs talk about it. We’re seeing, you know, mainline talk show hosts—[radio host Rush] Limbaugh is even talking about global government now. [Radio host] Michael Savage is talking about how he thinks, you know, Obama may stage crises to bring in martial law.” [Media Matters, 4/10/2009] Jones is echoing claims made in the ‘90s and later by extremist militia groups, which warned that the US government intended to implement a “new world order” (see September 11, 1990) of a one-world government that would result in the confiscation of Americans’ guns, and a general replacement of democracy for tyranny (see 1994, January 1994, February 1995, July 4-11, 1997, October 20, 1999, April 14-15, 2009, January 21, 2010, and October 11, 2010), and that are echoed by Fox News pundits such as Glenn Beck (see March 17, 2009), Bill O’Reilly (see April 1-2, 2009), and others (see April 6, 2009).
Fox News legal analyst Andrew Napolitano, a former federal judge and a guest on Fox News host Glenn Beck’s broadcast, says: “How about floating a constitutional amendment amongst the states? Let’s rescind the 16th Amendment. That’s the income tax. If 25, 30 states start thinking about it and talking about it seriously, the Congress will take note because they will be scared to death it will starve them out of existence. And they won’t be able to regulate progressively or retrogressively how we live.” [Media Matters, 9/7/2010] The 16th Amendment allows Congress to collect income taxes. It was passed by Congress and submitted to the states in 1909 and ratified in 1913, both under President William Howard Taft. Recently, far-right Republicans (see 1951-1967, 1970-1972, 1976-1978, Early 1980s, and 1985) and tea party activists have begun calling for its repeal, joined by some members of Congress (see April 28, 1999). [Media Matters, 9/7/2010; Legal Information Institute, 2011]
Fox News legal analyst Andrew Napolitano, a former federal judge and a guest on Fox News host Glenn Beck’s broadcast, advocates repealing the 16th Amendment, something he has done previously on Beck’s show (see April 28, 2009). Beck asks about “this solution that you and I have talked about on a constitutional amendment, or a threat of a constitutional amendment.” Napolitano replies: “If two-thirds of the states ask the Congress to call a constitutional convention to consider the adoption of this amendment, which I’ll describe in a moment, as it gets closer and closer to the two-thirds necessary and Congress would be required to call the convention, you’ll see some reaction on the part of Congress to attempt to placate the states that want to call this. Now, the constitutional amendment is a simple one. It simply abolishes the 16th Amendment and states affirmatively that Congress shall have no power to tax the personal incomes of individual persons. If that were enacted, it would starve the federal government back into the original footprint that the founders intended for it. But as it gets closer to enactment, Congress will have to do something for fear that it might be enacted.” [Glenn Beck, 5/6/2009; Media Matters, 9/7/2010] The 16th Amendment allows Congress to collect income taxes. It was passed by Congress and submitted to the states in 1909 and ratified in 1913, both under President William Howard Taft. Recently, far-right Republicans (see 1951-1967, 1970-1972, 1976-1978, Early 1980s, and 1985) and tea party activists have begun calling for its repeal, joined by some members of Congress (see April 28, 1999). [Media Matters, 9/7/2010; Legal Information Institute, 2011]
A number of conservative commentators quickly advance the idea that the Democrats’ health care reform package includes “death panels” (see August 7, 2009). The term was first used by former Alaska Governor Sarah Palin (R-AK). The idea is an outgrowth of the thoroughly debunked claim that the reform bill will encourage doctors to deny elderly or mentally challenged patients health care, leaving them to die rather than spend money caring for them (see November 23, 2008, January 27, 2009, February 9, 2009, February 11, 2009, February 18, 2009, May 13, 2009, June 24, 2009, June 25, 2009, July 10, 2009, July 16, 2009, July 17, 2009, July 21, 2009, July 23, 2009, July 23, 2009, July 23, 2009, July 23-24, 2009, July 24, 2009, July 28, 2009, July 28, 2009, July 28, 2009, July 31, 2009 - August 12, 2009, August 7, 2009, and August 10, 2009). [Media Matters, 8/10/2009]
Government Cannot Be Trusted Not to Set Up Death Panels - Former House Speaker Newt Gingrich (R-GA), appearing on ABC News’s This Week, says the idea of “death panels” is feasible because “you’re asking us to trust the government. Now, I’m not talking about the Obama administration. I’m talking about the government. You’re asking us to decide that we believe that the government is to be trusted. We know people who have said routinely, well, you’re going to have to make decisions. You’re going to have to decide. Communal standards, historically, is a very dangerous concept.… [T]he bill’s 1,000 pages of setting up mechanisms. It sets up 45 different agencies. It has all sorts of panels. You’re asking us to trust turning power over to the government, when there clearly are people in America who believe in—in establishing euthanasia, including selective standards.” Host George Stephanopoulos repeatedly reminds Gingrich that there is no such language in the bill, and that the bill merely pays for voluntary counseling (see July 23, 2009 and Late July, 2009). Gingrich continues to make his assertions. [Salon, 8/10/2009; Media Matters, 8/10/2009]
False Claim of British Death Panels - Conservative blogger and columnist Michelle Malkin falsely claims that Britain, which has had socialized medicine for years, has just such death panels. Fox News host Brian Kilmeade says: [E]veryone’s talking about seniors, and they’re talking about the middle class and affordable health care. If the upper class is paying for the next two classes, and are seniors going to be in front of the death panel? And then just as you think, okay, that’s ridiculous, then you realize there’s provisions in there that seniors in the last lap of their life will be sitting there going to a panel possibly discussing what the best thing for them is.”
'A Legitimate Concern from a Fair Reading of This Bill' - Fox News judicial analyst Andrew Napolitano calls the idea “a legitimate concern from a fair reading of this bill,” saying that the legislation is so vague in its language that it could allow the government to set up such panels: “If it’s federal money, the federal government can say: ‘We’re not gonna give Grandma a new knee, or Grandma a new kidney. We’re just gonna give her painkillers. We’re gonna save that money for that knee or that kidney for somebody who’s 25 instead of somebody who’s 85.’ That is power that Americans have never conferred on the government. That was Governor Palin’s concern, and that is a legitimate concern from a fair reading of this bill, which most members of Congress have not done.”
'That's Crazy' - Other conservatives deride the idea. New York Times columnist David Brooks says of the notion of death panels: “[T]hat’s crazy. If the—the crazies are attacking the plan because it’ll cut off Granny, and that—that’s simply not true. That simply is not going to happen.” Libertarian radio host Larry Elder, appearing on CNN, calls the idea “over the top,” “irresponsible,” and “incendiary.” On the same CNN broadcast, progressive radio host Ron Reagan, the son and staunch defender of former President Ronald Reagan, is bluntly dismissive of Palin: “You know, Sarah Palin only needs a red rubber nose and some exploding shoes, and she could go to work for Barnum and Bailey. The fact that we give this clown any time at all is shocking and silly and a little bit stupid. So, you know, I find that offensive, frankly, and Larry, it’s a perfect example of the sort of dishonesty that’s being peddled out there in this debate.” Elder notes: “I think any kind of irresponsible comment takes away from the real issue here, and that is whether or not you can provide universal coverage, high quality, at low cost. Any kind of incendiary comment takes away from that debate, just as throwing pies at people like Ann Coulter and my good friend David Horowitz and William Kristol takes away from their debate.” [Media Matters, 8/10/2009]
Entity Tags: Andrew Napolitano, Brian Kilmeade, George Stephanopoulos, Larry Elder, Fox News, Sarah Palin, Michelle Malkin, Newt Gingrich, Ron Reagan, David Brooks
Timeline Tags: US Health Care, Domestic Propaganda
Former federal judge Andrew P. Napolitano, a Fox News legal analyst since 1998, says in an interview with the right-libertarian magazine Reason that the 17th Amendment must be repealed. “Can an amendment to the Constitution itself be unconstitutional?” he asks the interviewer, and answers himself: “Yes, that one. If you read [Foundng Father James] Madison’s notes from the Constitutional Convention, they spent more time arguing over the make-up of the federal government and they came up with the federal table. There would be three entities at the federal table. There would be the nation as a nation, there would be the people, and there would be the states. The nation as a nation is the president, the people is the House of Representatives, and the states is the Senate, because states sent senators. Not the people in the states, but the state government. When the progressives, in the Theodore Roosevelt/Woodrow Wilson era, abolished this it abolished bicameralism, the notion of two houses. It effectively just gave us another house like the House of Representatives where they didn’t have to run as frequently, and the states lost their place at the federal table. That was an assault, an invasion on the infrastructure of constitutional government. Even kings in Europe had to satisfy the princes and barons around them. And that’s how they lost their power, or that’s how their power was tempered. Congress believes it doesn’t have to satisfy anybody. Its only recognized restraint is whatever it can get away with.” Napolitano also promotes the idea of nullification to expand states’ rights at the expense of the federal government (see October 14, 2010 and March 23, 2011). [Reason, 4/8/2010] The 17th Amendment provides for the direct election of US senators, rather than their selection by state legislators, in part to eliminate cronyism and corruption in their ascension to the US Capitol. It was signed into law by President Woodrow Wilson in 1913. Recently, far-right Republicans and tea party activists have begun calling for its repeal, joined by some members of Congress. [Media Matters, 9/7/2010; Legal Information Institute, 2011] Napolitano has previously advocated repealing the 16th Amendment (see April 28, 2009). In 2009, former Republican Governor Mike Huckabee called the 17th Amendment “one of the dumbest things we ever did in this country” (see October 16, 2009).
Fox News host Glenn Beck attacks the 17th Amendment to the US Constitution. The 17th Amendment provides for the direct election of US senators, rather than their selection by state legislators, in part to eliminate cronyism and corruption in their ascension to the US Capitol. It was signed into law by President Woodrow Wilson in 1913. Recently, far-right Republicans and tea party activists have begun calling for its repeal, joined by some members of Congress. [Media Matters, 9/7/2010; Legal Information Institute, 2011] On his Fox News show, Glenn Beck derides the 17th Amendment, saying: “Like all bad things it started in 1913, Woodrow Wilson yet again. He supported this. Immediately now, when I see Woodrow Wilson, I immediately know—bad thing! You can be quite certain that something is not going to have a good outcome if Woodrow Wilson was involved.” Beck says that “Thomas Jefferson warned about” direct representation, and adds that without the 17th Amendment, “[President] Obama’s health care bill would have never seen the light of day. A lot of things that they do in Washington would never have seen the light of day. Why? Because it wouldn’t in the interest of your state.… [I]t’s taken them over 200 years to remove all those roadblocks, but they’re almost done. Maybe it’s time to put a few of them back.” [Media Matters, 9/7/2010] In 2009, former Republican Governor Mike Huckabee called the 17th Amendment “one of the dumbest things we ever did in this country” (see October 16, 2009). And in April, Beck’s Fox News colleague Andrew Napolitano called for the amendment’s repeal (see April 8, 2010).
A Fox Business Channel host says America’s unions are “the antithesis of freedom.” The National Labor Relations Act of 1935, signed by President Franklin Roosevelt, was designed “to protect the rights of employees and employers, to encourage collective bargaining, and to curtail certain private sector labor and management practices.” For years, conservative and Republican candidates and organizations have fought against unions’ rights to bargain collectively, in part because labor unions are a critical element of the center-left “progressive” coalition in American politics. [Media Matters, 9/7/2010; Board, 2011] A regular segment on Fox News is titled, “Unions: Can America Afford Them?” [Fox News, 2011] Fox News host Glenn Beck often calls union workers “thugs” and/or “enforcers.” [Media Matters, 9/7/2010] A Fox Business Channel (FBC) commentator calls labor unions “the antithesis of freedom,” and says that while “fortunately” private sector unions “have retreated,” public sector unions are still a “problem.” Stuart Varney, a guest of Andrew Napolitano on Freedom Watch and host of Varney and Company on FBC, says that unions have been “a disaster for the British economy,” and continues: “They are the antithesis of freedom. They impose rigid workplace rules that have no place in a modern economy.” Later, Varney says: “Fortunately, unions have retreated in the private sector. It is in the public sector where they rule, and that is the nature of some of our problems.” He adds that “taxpayers” and “the concept of freedom and liberty” “suffer” from the existence of unions. [Media Matters, 9/4/2010; Media Matters, 9/7/2010] The same day, on his own show, Varney accuses a union advocate of “siding” with America’s “enemies” (see September 4, 2010).
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