Now, Napolitano has released an op-ed, The Temptation of Tyranny, through Fox News's website, fearing that Donald Trump's powers are reaching too far, becoming more detrimental. Now, he's accusing Trump of "tyranny" for unconstitutionally using funds not approved by Congress to pay for his long-promised wall at the southern border of the United States.
He questions Trump's authority to bypass Congress's allocation of military funds:
"After Congress expressly declined to give him that money, Trump signed into law – rather than vetoed – the legislation that denied him the funds he sought and then spent the money anyway."
He criticized the President for his eagerness to impose tariffs, which Napolitano considers taxes, because the price hikes on tariffs are levied on importers and subsequently consumers. They're not imposed directly on China, as Trump has repeatedly claimed.
"The question regarding presidential power has also been asked with respect to Trump's imposition of sales taxes – Trump calls them tariffs -- on nearly all goods imported into the United States from China. These are taxes that only Congress can constitutionally authorize."
After noting that the late Supreme Court Justice Antonin Scalia treasured the separation of powers, Napolitano blamed the quagmire partially on the complacency of Republicans in Congress, who now enable the President with their allyship:
"After years of faithless Congresses legally but unconstitutionally ceding power to the presidency, we have arrived where we are today -- a president who spends unappropriated funds, raises taxes, defies courts and changes immigration laws on his own. I have written before that the Republicans who rejoice in this will weep over it when a Democrat is in the White House. No president should have unconstitutional powers."
Some commended Napolitano for the rebuke—even Tea Party Republican and Trump challenger, former Illinois Congressman Joe Walsh.
Unsurprisingly, Trump's supporters didn't take kindly to Napolitano's opinion, despite Trump reportedly considering him for a Supreme Court seat at one time.
Trump has yet to respond, but we feel certain he'll read it.