Judge Nap on Jon Stewart: “We should have a bias in favor of freedom, not safety”

Fox News Sr Judicial Analyst Judge Andrew Napolitano appeared on the Daily Show with Jon Stewart to discuss the loss of American liberty in the past century. Napolitano and Stewart discussed how it’s not just executive power that has expanded, but congress and the judiciary who lack the political will to rein him in.

Judge Nap discusses in this interview the problem with due process and drone warfare, executive power, and whether or not there is a better system than American capitalism.

“We need to know that our rights come from our humanity, not the government,” Napolitano said.

Stewart asked: “Is the problem really the government, or does it lie in us, and our desire for safety, and for law and order, and for authority?”

Napolitano agreed, saying “When the people are afraid, they will surrender their liberties for safety. So it is in the government’s interest to keep the people afraid.”

Judge Napolitano argued that there shouldn’t be a balance of liberty and safety. He believes that “it’s a bias in favor of freedom. Freedom is the default position, because we are born with freedom.”

Part 2:

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