Judge Napolitano told Fox News that he believes it's "un-American" for people who are not legal citizens to vote in local elections even if the states allow it.

Usually you hear Libertarians espouse the virtues of "states rights," but suddenly Fox News' legal expert Judge Napolitano is against local governments who take matters into their own hands when it comes to their election process.

During this morning's America's Newsroom, Shannon Bream asked, "In Maryland, there are several towns and cities now that allow people who are not citizens to vote in the local elections. They can't vote in federal elections. College Park in Maryland is now considering doing this; it would be one of the biggest places that allows it."

Napolitano replied, "Yes. I'm sorry to say it's constitutional. I'm sorry to say it because it's un-American, but there is nothing under federal law or the U.S. Constitution that requires that you have to be an American citizen to vote in a local or state election."

Why is it un-American, judge? He never gives us an answer.

He continued, "Voting in a federal election -- members of the House of Representatives, U.S. Senate, President, and Vice President -- has never been tested in court, but there's much language in the Constitution indicating that the framers intended that only American citizens can do that. But if the states want to let people who are not of age and not American citizens vote in their own local and state elections, they can probably do so."

Saying a thing is unconstitutional is one way to invalidate it, but pulling out the unAmerican card?

If the whole process is done within the boundaries of the Constitution and the elected local and state governments, isn't that the quintessential trait that makes it truly American?