After Freedom Watch was cancelled Judge Andrew Napolitano began frequently appearing as a guest on other FOX Business shows. They would invite him on to get a unique view of the law and the Constitution that wasn’t available anywhere else. Of course, the Judge’s libertarian viewpoint continued to be as controversial as it was during his Freedom Watch episodes. One great example of this was when Judge Napolitano said “taxation is theft” on national television.
The Judge was invited on to Markets Now to discuss North Dakota’s 2012 ballot proposition to abolish property taxes in the state. He made the argument that property taxes should be abolished because they enable a government that is too large. To compensate for the lack of income repealing the property tax would result in government would have to be drastically cut.
There’s also the moral argument that property taxes abuse private property rights. As Judge Napolitano says “How can you owe the government something just by virtue of owning the real estate?”. The show’s co-host agreed concluding that “your’e essentially renting your own house” from the government.
Another one of the problems with property taxes that wasn’t mentioned is that they do not represent an individual’s ability to pay. That’s a major problem for older, retired homeowners who might face exorbitant property taxes later in life.
After being rebuffed by the other co-host, the Judge doubled down on his opposition to taxation. The mother of all anti-tax arguments was made when Judge Napolitano boisterously proclaimed “taxation is theft” on national television. It didn’t take long for the show’s hosts to realize what a firestorm that argument would stir up. They cut to commercial break immediately afterwards.
Although, before that happened the Judge also made one more interesting comment. When the other host proclaimed that Napolitano would lose the argument the Judge didn’t skip a beat. He admitted that was true but affirmed that he would continue to make the argument nonetheless. That relentless attitude is exactly what libertarians love most about Judge Napolitano.