| | In two separate and extensive interviews with staff writers at ''Reason'' Magazine,<ref name=gillespie/><ref name=doherty>Doherty B, "[http://www.reason.com/news/show/123496.html Americans: Sheep to the Constitutional Slaughter]?" ''Reason'', 15 November 2007. Accessed 18 September 2009.</ref> Judge Napolitano has described his views on civil liberty and the abuse of governmental power, and how his own personal attitudes changed markedly from those he once held while at Princeton. As he explained to ''Reason'' writer Nick Gillespie, eight years of trying criminal and other cases in New Jersey's Superior Court first made him aware that many law-enforcement agents stretch the truth while testifying.<ref name=gillespie/> This, and his consistent reverence for the Constitution and his relentless application of logic, led him to conclude that governments under both [[Republican Party|Republican]] and [[Democratic Party|Democratic]] administrations have been slowly accumulating a degree of power that he finds inconsistent with individual liberty. He dates this acquisition of power to 1932, the year of the election of [[Franklin D. Roosevelt]] as [[President of the United States]], and accuses Roosevelt of promulgating a doctrine of ''legal positivism'' or ''legal realism'', by which "the law is whatever the lawgiver says it is," any time the lawgiver says it. | | In two separate and extensive interviews with staff writers at ''Reason'' Magazine,<ref name=gillespie/><ref name=doherty>Doherty B, "[http://www.reason.com/news/show/123496.html Americans: Sheep to the Constitutional Slaughter]?" ''Reason'', 15 November 2007. Accessed 18 September 2009.</ref> Judge Napolitano has described his views on civil liberty and the abuse of governmental power, and how his own personal attitudes changed markedly from those he once held while at Princeton. As he explained to ''Reason'' writer Nick Gillespie, eight years of trying criminal and other cases in New Jersey's Superior Court first made him aware that many law-enforcement agents stretch the truth while testifying.<ref name=gillespie/> This, and his consistent reverence for the Constitution and his relentless application of logic, led him to conclude that governments under both [[Republican Party|Republican]] and [[Democratic Party|Democratic]] administrations have been slowly accumulating a degree of power that he finds inconsistent with individual liberty. He dates this acquisition of power to 1932, the year of the election of [[Franklin D. Roosevelt]] as [[President of the United States]], and accuses Roosevelt of promulgating a doctrine of ''legal positivism'' or ''legal realism'', by which "the law is whatever the lawgiver says it is," any time the lawgiver says it. |
| − | In contrast, Napolitano prefers [[natural law]], which states that rights come from [[God]], Who, as the Most Free Person in existence, has instilled in all of mankind a yearning to be free. Napolitano cites the [[Declaration of Independence]] and other works by [[Thomas Jefferson]] and [[James Madison]] as his principal authorities. | + | In contrast, Napolitano prefers [[Natural Law]], which states that rights come from [[God]], Who, as the Most Free Person in existence, has instilled in all of mankind a yearning to be free. Napolitano cites the [[Declaration of Independence]] and other works by [[Thomas Jefferson]] and [[James Madison]] as his principal authorities. |