On Varney & Co. this morning, Judge Andrew Napolitano reviewed the constitutionality of a new wave of regulations being proposed by officials in San Diego, California.

The draft regulations reportedly include penalties for leaving dog waste lying in your own yard for too long, washing a car in your driveway or letting your sprinkler spray water into the street. Serial offenders could even be subject to jail time.

Officials say the proposed measures are aimed at keeping waterways clean.

Napolitano, author of the new book, Theodore and Woodrow, said the proposed regulations are another example of a state government (in California) that recognizes no limit on its own power and notoriously spends more than it brings in.

Varney asked whether the threat of penalties in this case is merely symbolic, meant only to convince people to watch what they're doing.

"It's symbolic of governments using their power to intrude into private property and private decision-making, rather than the things that governments are supposed to do which is preserve our freedom," said Napolitano.