Fox News senior judicial analyst Andrew Napolitano said on Tuesday that stay-at-home orders from governors across the U.S. are unconstitutional because creating laws is a power delegated solely to legislatures “The government has to recognize that the rights that are in the Constitution still exist in bad times as well as in good and it has to treat people equally,” Napolitano told “Fox & Friends.” “If you can get in a line of cars to buy a cheeseburger at McDonald's, you can get in a line of cars to express your opinion about the government."