It Is Dangerous to Be Right When the Government Is Wrong by Andrew P. Napolitano Summary

It Is Dangerous to Be Right When the Government Is Wrong argues that the U.S. government systematically undermines constitutional rights and natural freedoms. Judge Andrew P. Napolitano critiques government overreach across issues like taxation, privacy, and free speech, using historical examples and legal analysis to show how both political parties have eroded liberty. The book emphasizes natural law—the idea that rights stem from humanity, not government—as a foundation for reclaiming freedoms.

This book is ideal for readers interested in constitutional law, libertarianism, or critiques of governmental power. It appeals to those seeking to understand the erosion of civil liberties, fans of Napolitano’s legal commentary, and individuals skeptical of bipartisan policies. Students of political philosophy and activists advocating for limited government will find its arguments particularly compelling.

Yes, for its bold examination of governmental abuse of power. Napolitano’s judicial expertise and accessible writing make complex legal concepts approachable. The book’s critique of bipartisan overreach and defense of natural law offers fresh perspectives, though its libertarian leanings may challenge readers across the political spectrum. It ranks as a provocative, well-researched analysis of constitutional erosion.

Napolitano asserts that governments violate natural rights—innate freedoms derived from human dignity, not legislation. He argues that the Constitution, intended to restrict state power, has been twisted to justify surveillance, taxation, and speech restrictions. The book contrasts natural law (rights as inherent) with legal positivism (rights as government-granted), urging a return to foundational principles.

The book condemns modern free speech restrictions, such as campaign finance laws and protest regulations, as unconstitutional. It also critiques mass surveillance programs (e.g., NSA data collection) and asset forfeiture, framing these as violations of the Fourth Amendment. Napolitano uses Supreme Court cases to highlight the judiciary’s role in enabling these breaches.

Napolitano cites the Founders’ rejection of British tyranny, FDR’s internment of Japanese Americans, and post-9/11 surveillance as examples of liberty sacrificed for security. He also references lesser-known cases, like the government’s seizure of property without due process, to illustrate systemic constitutional disregard.

Napolitano accuses both parties of expanding federal power: Democrats through social programs and Republicans via national security measures. He argues that bipartisan support for the Patriot Act, deficit spending, and drug criminalization demonstrates shared contempt for limited government.

Natural law theory holds that rights like free speech and self-defense are inherent to humanity, not granted by governments. Napolitano prioritizes this philosophy to challenge legal positivism—the idea that rights are valid only if codified. He ties natural law to the Declaration of Independence, arguing it’s the moral basis for resisting tyranny.

Yes. Napolitano advocates for judicial accountability, stricter constitutional adherence, and public education on natural rights. He urges voters to reject politicians who expand state power and supports grassroots movements to restore checks and balances.

Like The Constitution in Exile and Lies the Government Told You, this book critiques federal overreach. However, it uniquely focuses on natural law as a philosophical foundation, offering a broader ethical framework rather than just legal analysis. It’s noted for its accessibility compared to his denser academic works.

Some critics argue Napolitano oversimplifies complex policy issues (e.g., taxation) and downplays government’s role in addressing inequality. Others note his libertarian stance may overlook collective benefits of regulation. Despite this, even detractors praise his rigorous constitutional analysis.

The title—a nod to Voltaire—highlights modern risks of dissent in an era of heightened surveillance and censorship. Napolitano ties it to cases like whistleblower prosecutions and COVID-19 mandate protests, arguing that challenging state power remains perilous yet essential.