Judge Andrew Napolitano revealed some interesting information this morning on Fox & Friends concerning the Justice Department's arguments about the constitutionality of spying on Americans' phone calls and emails.

Napolitano said that "in secret arguments to the FISA court but not to the public" the government has argued that the Constitution "does not apply to it except when it is engaged in investigations of crimes that have already occurred."

He explained that the government believes it is not restrained by the Constitution when gathering intelligence, including logging the phone calls and emails of hundreds of millions of Americans.

"That's absurd. That violates 230 years of Constitutional history because the government's taken an oath to uphold the Constitution all the time and the Supreme Court has said it applies to the government in everything it does," said Napolitano.

Watch the discussion and hear what the judge had to say about what the government has "reluctantly admitted to" when it comes to monitoring your communications.