how about that there doug, democrat? >> stuart i think we have got to get together, pro-growth, lower tax rates, cut spending, cut entitlements, we will get out of the ditch. stuart: you get that in at least once every time you appear. >> it's right. stuart: now here's dagen and connell. dagen: the government owns the mortgage market, still does, come on. stuart: can i have 10 minutes on your program? dagen: you know what? absolutely. connell: no. stuart, thank you very much. have a great day. i'm connell mcshane. dagen: i'm dagen mcdowell. connell: first there was romney caught on tape but now this old video surfaces of president obama. what it's all about. we will talk about it. is the role of government in the economy? will this be the issue that decides the election? dagen: the one and only review of the iphone 5 that you need to hear. mr. walt mossberg is here. he has it. you better not go anywhere. connell: yeah, or else. plus the cost of obesity.

some frightening new numbers on just how much it costs to take care of the overweight. dagen: healthcare, you name it. top of the hour everybody, stocks now and every 15 minutes. nicole petallides at the new york stock exchange. nicole: all right, we are up about 10 points on the dow jones industrial average here this morning. the banking index is doing well. we got in our housing starts numbers which showed a jump of more than 2%, 2.3%. the s&p 500 virtually flat here at 1450. some of the traders i have talked to have said it could push up to 1470, 75 or so. right now let's take a look also at bank of america, a day after their slowness, their potential cyberattack, whatever you want to call it, but just the fact that customers were trying to go on to the bank of america website and were experiencing delays. and they acknowledge exactly that because of an attack. so they said directly that we continuously take proactive

measures to secure our systems so the stock today is bouncing back, up 1.7%. back to you. dagen: thank you nicole. now it is president obama's turn to face some critics after a clip surfaces about the president pushing wealth distribution. take a listen. >> i think the trick is figures out how do we structure government systems that pull resources and hence facilitate some redistribution, because i actually believe in redistribution, at least at a certain level to make sure everybody's got a shot. dagen: that of course follows the mitt romney video of him talking about the 47% of americans who don't pay any federal income taxes. and now those dependent on government would automatically vote for president obama. but is the real issue here the role of government in the economy and will that decide who runs this country come november?

former congressman dick army is former house majority leader and chairman of freedom works. he joins us now from dallas. great to see you. do you think this is the critical issue that will decide the election in november? >> well, this is really what it's really all about. i'm amazed that anybody can be surprised that president obama is first and foremost about his control over income redistribution. he's a perfect picture of that old adage, there's nothing so arrogant as a self-righteous income redistributor. it's not just benign in its impact. there's something deeper here. the fact is it's also example of politics. in his world he would be in charge of income redistribution. the government would be. this is why the left has always had an animosity towards growth. in a growing economy where everybody is making their own way, they are in charge with

their life and that leaves people like president obama disappointed because they think they ought to be in control. and this is really what it's really all about. and mitt romney needs to -- dagen: but is it really too late for some, if not many republicans, to make the argument in favor of private growth, in favor of taking away or at least dialling back many of these entitlements because the government has continued to grow in the last even looking at the last decade. you had enormous expansion of medicare. you had a bailout of the banks. so under republican leadership, it was the same. my question is, is it too late for the republicans to run on that? >> no, it isn't. and they ought to. that's the intellectually and morally superior point of view and also one with greater consistency with reality. the fact is we have always prospered when the government

has backed off, lowered down its regulation, maintained fiscal responsibility and given room for the private sector to grow. we just had yesterday again massive layoffs in the coal industry because the excessive control and regulation in that industry by a government that's misguided and frankly quite self-absorbed. it is all about their power right now on the left and it's not about service to america. mitt romney needs to make that argument, growth, let the economy grow, we will get out of the way. you be in charge of your own destiny. dagen: now that this video came out, and they are trying to craft that argument as a campaign, why wasn't that the argument? why wasn't that the centerpiece of the campaign months and months ago? i'm talking about the private economy versus the public economy, the government economy because time and again, the "wall street journal" editorial page was laying out the argument for it months and months ago,

and the romney campaign never really seized upon it and pushed it. >> well, the private sector growth arguments are intellectually more challenging and conservative republicans have always been plagued by their fear the public might not understand and they have been timid on that. liberals on the other hand live with the fear the public will understand, so they give them a structured -- if you just look at the bogus reporting of income statistics and income distribution statistics in america, it's just perpetrating a fraud in the way they report the statistics. republicans need to call their hand on that, and they need to make the growth argument strong with conviction, stay the course of mentality like ronald reagan had, that is the argument that the american people are waiting for them to make, and if they don't make it, they will lose the election. dagen: very close to the election. congressman, good to see you.

former republican majority house leader dick armey. thank you. >> thank you. connell: we bring brian wesbury in, chief economist at first trust advisors. this redistribution talk that's in this old video of president obama. i mean really when you take away the politics, you know, socialism, all these buzz words that people attach to it, what he's really talking about i'm sure back then but more importantly more recently, higher taxes he wants higher taxes to the wealthy either to redistribute what he would say is fairness or he might argue to close or fight the deficit. you have a different argument many terms of the e -- in terms of the effect of higher taxes on the economy. >> yeah, we know that when you raise taxes, you reduce the incentives to work, to invest, and to save. i mean, all of that is true. but really what's interesting about this, connell, is that it's the spending that drives the taxes. today, let's take away defense. take out the wars.

take out all -- every dollar we spend on defense. non-defense government spending is at an all time record high. we have never in the history of the united states redistributed more income than we have today. connell: let me stop you for one second -- >> -- that's why the economy is having so many problems. connell: and the reason is i want to explain the chart. brian gave us this chart to tell you what you are looking at. government spending percentage of the economy versus stocks, versus the dow. >> yep. connell: so the yellow line is stocks. do you see where it is going up there? going all the way back to the 60s. and the blue line is government spending. it tells you what, brian? >> yeah, it's very very clear, if you look at that chart. back when lbj, lyndon johnson became president in 1965, we passed the great society programs, government spending shot up, and the stock market went nowhere for 17 years. then ronald reagan came in and

even bill clinton lowered and reduced spending as a share of gdp, and the stock market exploded, and now in the last decade, under president bush and then obama, government spending has shot up again. no wonder stocks have been flat for the past decade. connell: they have been for a long time. i want to ask you one more question because i think it is important. you come on the show all the time and you have been saying -- well, you have been a relative optimist on the economy. in other words, you have been saying to people hey, this is not a mess. this economy is not collapsing. but you're essentially making the argument for what is the mitt romney economic plan or something close to it. so unlike others who support romney, they might say boy this economy is a mess, you have to get rid of it and try something different. you are making a very different political argument. you say things are getting better and we need to try something different. >> not that they are getting better. look we are only growing 2%. and we have 8% unemployment. that's a french-like economy. we can do better.

we can be the american economy of the 80s and 90s, and in order to be there, we have to shrink -- we have to shrink the size of government. we have to cut spending. my point is -- what i'm talking to is investors connell, not necessarily just voters, investors. we have the cloud, we have hydraulic fracturing, right? we have smart phones, tablets, all these things are great new technologies. they could lift wealth even more, but they are lifting wealth, and that's why i've wanted people to own stocks in here. the market is up over 120% in the past three and a half years. you can't deny that investors have done well that have stayed optimistic. but we can do so much better. we have to get the size of government down. otherwise this won't last. we will collapse. we will turn into greece if we don't change course and do it soon. connell: all right. as always, brian wesbury, thank you very much. appreciate it. >> thanks, connell. dagen: raising the roof on housing, we just got existing

home sales a short while ago. highest in almost three years. is the recovery for real? connell: then the final flight for the space shuttle endeavour. we have some live pictures as it touches down in houston. that's where it is going to go on display. we have seen this kind of thing before, the shuttle flying on top of the jumbo jet. it's pretty cool. dagen: and walt mossberg has reviewed the iphone 5. it is the only one that you need to know, need to hear. you can't miss walt coming up. take a look at oil as we go to break. [ horn honks ]

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connell: quarter past the hour, let's go to nicole. stocks now every 15 minutes. groupon. nicole? nicole: looking at groupon which over the last 3 months has been tanking. today is a day where we could actually say it is an up arrow. that's because they have been working on a new payment service that they can do with merchants and businesses, and it's all about them trying to keep their customers and get these deals out to folks. so here's a look at the stock. you can see it is up 7%. as i noted, down nearly 60% over the last three months. what they are doing is they are

offering a service to local businesses which will then in turn have this payment on credit card transactions, but it will be less than other credit cards. this gives them a guarantee to be the lowest cost option for these company merchants. and they also say it's hassle free, no hidden costs or monthly fees, and this is all obviously to try and keep them ahead of some of the others. there you go, up 7%. this is one of those days where groupon shareholders are happy about their stock move if they are long this market. connell: breaking news right now, nicole. oil, man, it just continues to sell off. inventory figures came in today with unexpected gain. supposed to get like a million more barrels of oil on the market, in terms of the stockpiles. it went up by 8 1/2 million, much bigger than expected rise. 92.40 for oil, another almost $3 drop. dagen: chicago students heading back into the classroom today as

delegates from the teach eer -- teachers union voted yesterday to end the strike. the new deal set to be approve by the entire union next few weeks secures teachers double digit salary increase over the next three years. much for the argument this was all about the children. it's the third largest school system in the u.s. with more than 350,000 public school students. frightening new statistics on obesity out today. half a billion people worldwide are obese, and the rate is expected to increase particularly here in the u.s. it will increase by 50% by the year 2030, roughly right now a third of americans are obese. that rate is expected to raise to roughly 44% by 2030. these figures are from several public health groups ahead of a big meeting on obesity that starts tomorrow in san antonio. reaction to these dangerous new statistics will come from a guest next hour, ceo of a weight

loss company. big business, not helping, but getting fatter. existing home sales at the fastest pace in nearly three years. connell: then the iphone 5, couple days away from it officially hitting the store shelves. well walt mossberg has spent about a week testing it. he's here to review it for us. you do not want to miss that. walt mossberg's iphone review. right now on markets now, some currencies, how they are shaping up against the dollar around the world today.

>> at 22 minutes past the hour i'm juliet huddy with your fox news minute. france has stepped up security at its embassies around the world after a local magazine published caricatures of the prophet mohammed. the government is defending the right of the magazine to publish those cartoons which played off the u.s. produced film we have been hearing about focusing on the prophet that has set off violence around the world. meantime syrian rebels have seized control of a border crossing with turkey after fierce clashes with government

forces. the rebels also control several other border crossings into turkey which has allowed them to bring in supplies. and finally the space shuttle endeavour has begun its final mission in the sky. ship is headed from florida to the california science center in l.a. for permanent display. first it is making a pit stop in houston, the home of the space shuttle program and nasa's mission control. dagen of course knew that. those are the latest headlines on fox business network, i'm juliet huddy. dagen: existing home sales hit their highest level in nearly three years. we are joined by the chairman and ceo of home services of america. it's a division of, yes, berkshire hathaway, a major realtor in this country. ron, we also got housing starts up a little more than 2% from the previous month. can all of this momentum that we see continue? >> yes, it can, dagen. it's i think we have -- we called an end to the housing

correction and downturn at the end of the year, beginning of this year. we're continuing to see positive trends in sales and home prices, up meaningfully from the bottom and from last year. 10% in existing home sales. and i think that trend will continue through the balance of the year. and home prices are up just under 10%, and i think we'll continue to see that trend. we're a long way from a total recovery, but we're certainly in a recovery process. dagen: which is the most worrisome thing you see running such a vast real estate business? is it still the availability of credit? is it the inventory? we have talked about that a great deal. you said you see a real lack of supply, particularly on the horizon when it comes to, say, non-foreclosed homes, non-real estate-owned homes? >> dagen you hit the issues that keep us up at night. credit standards continue to be extremely, extremely difficult.

you know, the average credit score to get a mortgage is about 740, clearly eliminates a lot of people that are very, very interested in securing financing to buy a home. the mortgage rates are incredibly low but the credit standards are incredibly high so there's a disconnect there. the other thing is the inventory. we are clearly at a point where the available inventory for the growing demand that's moving back into the housing market is the inventory is not there. we are at about 2.4 million homes. frankly that is at a very dangerous low relative to the size of the market. then some of those homes that are on the market are distressed, they are foreclosed, so they need work and they wouldn't qualify for a conforming mortgage which also takes some out. i think that bodes well for new construction and those numbers were released. we will continue to see new

construction numbers will continue to improve over the months ahead. dagen: is the rising price a good thing because it actually gets people off the sofa so to speak and they say i'd rather get in while the getting is good? if i can get a mortgage, mortgage rates are close to a record low and home prices are starting to pick up, is that a nice one-two punch for you all? >> it is clearly a nice one-two punch. i think there's a third one. still about 11 million homes that have mortgages that have negative equity, and as the prices go up, you know, some of those homes begin to move into at least parity, the value with the mortgage or they start to actually have some equity, and many of those people are locked into their home currently. they're current on their payments, but they can't sell and take the selling costs and the closing costs, you know, take money out of their pocket to get out of their home, so as prices go up, it will create

more inventory potentially be available, and i also think that sellers who see that homes are going up, that are not in negative territory are thinking this is a good time to put their home on the market. dagen: ron, great to see you as always. you take care of yourself. let's hope for hockey season. >> yeah, get the lockout over. thanks, dagen. dagen: you are welcome. connell: coming up in a minute, walt mossberg on the iphone 5. he says it is the best smart phone on the market, but before you go buy it, is there anything at all that should hold you up? hold on for walt. dagen: here's today's winners on the s&p, meantime. [ male announcer ] it's simple physics...

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the the hour. shares of decker in the tank. >> we will look at those who make us and let's start with nike which is the top performer in the stock 50 index. nike is up 2% and we talk so much about the basketball speakers we will measure how high we jump and it could be $300 and remember the national urban league was up said it might cause fights in the street. they are coming out and there will be $270. let's look at decker hitting a new 52 week low. low since 2010. that is because the analysts

noting they are not selling. just not selling for the fall as they had in prior years. there are so many different kinds. they are the ones to have. the question is whether those sales will pick up and the excitement will return. they have not been looking good. >> breaking news ahead of the iphone review. ashley webster error in the newsroom with the clothes for the day in the european markets. ashley: news that the bank of japan is following the lead of the ecb by printing more money get european markets a brief boost but we see profitstaking in bank stocks which hurt hopes of a big rally but the closing bell green on the screen, same story on the cac in paris and the backs up 0.6. in the bond market spanish and italian government that gained slightly in value to pull down yield on the spanish ten year

bond to 5.85% which is a little more reassuring. germany saw $5.3 billion worth of bonds in an average yield of 0.06% but that is the first time since june that germany has not achieved negative yields. tough times calling for tough measures. news that greece is planning to sell diplomatic buildings in foreign countries. the list still being drawn up but one is believed to be the greek building in london's holland park neighborhood. no word on what the 10,000 square foot building is going for but greece looking at options as it tries to find $15 billion in budget cuts. i know this is true of you if you wonder what happens behind closed doors at the european central bank. might be about to find out. mario draghi has revealed he would be prepared to publish minutes from those monthly meetings just as we know the bank of england already does. connell: can't believe you held back from the end of the report.

ecb minutes. ashley: all for you. dagen: my head blew up. thank you. apple's much anticipated i phone 5 out this friday. walt mossburg says what? he is here and i don't have to say anything. connell: all things digital. someone like me who has an iphone already. i haven't had a chance to hold it in my hand but my first reaction will be what? >> your first reaction will be it is unbelievably light compared to what you are used to. it is 20% lighter than the i phone you have. that doesn't explain. when i first picked this up and every year journalists who had a chance to do it had the same feeling. it was like is this a model?

is a mockup? it felt very light. it is very light and yet it has a chip that is twice as fast. it has a bigger screen. the build quality is metal, not plastic. that is your first reaction. dagen: as you point out in the review apple was able to preserve all the things, existing iphone users love like a battery life. >> actually they are claiming higher battery life for most functions. i got 9 to 12 hours a day on its, playing videos or making phone calls, e-mail and twitter and facebook and running different apps so it has good battery life and to answer the

original question i still think this evolution of the i phone keeps apple on top. this is to me the best smart phone on the market. not one with the biggest screen but the best smart phone on the market. dagen: we are fighting over asking that question. there is a fixation on the screen size of the competing smart phone but as a woman with small not so dainty hands, having held the galaxy and other phones it is too big. >> that is how i feel about it. it is great consumers have choice and that is what the free market is about and we love that. the market will decide but so far even the much smaller screen on the previous phone did not prevent it from out selling anyone of those other problems

with the giant screen. so there is a percentage of the population that will want a giant screen. there is a new one announced today that has a screen that is bigger than 5 inches and these don't sound like a lot when you say the interest that these are diagonal measures. it is not only toller like this one but it is wider and it is harder if you have it in one hand to reach your fingers around different things on these phones with the big screens. connell: so we give a real clear pictures of people know whether to buy it or not is there anything that annoys you? everyone is talking about the new cable for the charger that is different. is that a big deal? >> it certainly is going to annoyed some people. i brought it. here it is. i don't know if you can see

this. everybody is familiar with that wide connector apple has had for many years and this little connector and they say this is an all digital connector that does a bunch of things the other connector didn't do and do things with it in the coming years but mostly they had to make it because it is so thin that the big connector wouldn't have to fit in any longer and that is fine. that may be true and so it may provide benefits but there is going to be a transition for people who have bought a speaker doc that relies on the phone nestling in and using the older connector. apple does make an adapter, $29 and that is $29 you have got to spend. dagen: you didn't log and a new apple. >> is a mixed bag. one consequence of this corporate war between google and

apple. when the iphone originally came out five years ago, eric schmidt of google was on apple's board. he appeared at the original announcement. the companies did lot of things together and they built in youtube and google maps into the phone. you didn't need to download them but apple wrote the actual air when using google's back hand information. what happened is on youtube contract between two companies ran out. google has already made available in the apple apps store new books that worked fine. it is not free bundle on the phone. with max apple decided to do with phone and did some small backing companies and they have made a good map apps for certain things and not other things.

what this map's biggest advantage for iphone users is that it has a voice prompted turn by turn navigation. they never put it in to the iphone version of google maps. now you can have that for free. unfortunately it is missing some features people have gotten used to like street view photos of where you are and public transit, routing information. apple has a system where it will link you to some third party like a new york subway apps or washington subway apps or whatever and it works but it is not all included. i think the maps apps is the biggest weakness on this phone. but this is a very fine digital device.

it is still the best. [talking over each other] connell: thank you. dagen: i will be buying the i phone 5 write about the time the 7 comes out. [talking over each other] dagen: ben bernanke's stimulus plan a slap in the face. meet the guy who has a bone to pick with ben bernanke. connell: you think wrist watches are no longer made in the state's? you don't notion a lot -- i know la --shinol--shinola. >> something not taking place in the u.s.. this is watchmaking and we do know shineowl a n e will too. standby. you don't want to miss this exclusively on the fox business network. [ owner ] i need to expand

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wells fargo. together we'll go far. lori: i am lori rothman with your fox business brief. oil moves downward following a much larger than expected inventory build. the energy department food inventory jumped eight million

barrels last week. from blackstone group, more than $2 billion. it is largest home automation services company in north america and the second largest residential service provider. looks like the ongoing battle over u.s. that is the biggest concern among global investors. 35% need 250 local investors surveyed. the u.s. fiscal cliff is the top worry in the short term. one third of those questions on the european debt crisis were the top issue. that is the latest from the fox business network giving you the power to prosper. care of legal matters. wouldn't it be nice if there was an easier, less-expensive option than using a traditional lawyer? well, legalzoom came up with a better way. we took the best of the old and combined it with modern technology. together you get quality services on your terms, with total customer support. legalzoom documents have been accepted in all 50 states, and they're backed by a 100% satisfaction guarantee.

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looking at names like apple and google which hit a new highs and the iphone 5 have stolen the show. the 3 orders have set records and it is at 700 but hit a high and the parent of usa today also hit a new 52 week high and i have to say this is the new usa today. if anybody hasn't seen it. after 30 years they changed the look and this is something i often read with my kids. it is a little more difficult. so far i am not a buyer and got to get used to. it is a little harder to read. connell: they change their act too. that is nice. usa today. [talking over each other] dagen: i don't use the apps. [talking over each other] >> all the parents -- this is a great read with the kids. [talking over each other] connell: sorry to cut you off. we have breaking news from

washington. congress has plans to leave for the week without taking action to avert the fiscal cliff before the election. dagen: members of the senate finance committee are meeting to gather facts about what will happen when we do drive over the edge of the cliff. rich edson joins us from the belt way. >> major power players including the federal reserve chairman will be there and the head of the congressional budget office and the joint committee on taxation and folks whose job is to tell congress what their laws do to the u.s. economy and the u.s. fiscal books. this is headed by the senate finance committee chairman max baucus. we are at that meeting. >> i am doing all i can to get members of congress together and the finance committee to talk to each other and ask each other questions and later on today chairman ben bernanke and some others so that we can begin to

put together a solution to the fiscal cliff. stuart: republican close to this figure is this is just for show. a won't figure this out until after the election. connell: good reporting by rich edson on top of it breaking the news out of washington. that reserve which we have been talking about pumping billions of dollars into the economy driving interest rates lower. the lowest they have never been and driving investors into risk assets. our next guest calls ben bernanke's stimulus a slap in the face for savers. the managing director of interest-rate strategies is in l a today. this is a part that we don't always talk about. if there is somebody particularly an older person trying to transfer your savings from stocks and your retirement account and i want to be in bonds what do you do? >> not much you can do.

the fed is trying to deliver the consumer. in the last couple years corporations and banks beneficiary of what the actions are but not the consumer so targeting mortgages and hoping the consumer can refinance their loans but there is no free lunch. the cost with lower returns and savings. connell: the search for yield is almost not worth it but your job is to find the best place for people to be. value in the bond market someone cuts into your office you tell them what best value? >> we like the non agency markets, the mortgage market not backed by fannie and freddie and the emerging market countries, brazil is one of them and high yields. the one we like is treasurys and tips. connell: don't touch treasuries at all? with such a low yield.

give us the one thing you are looking at. you have marked january of 2014 on your calendar because ben bernanke's term ends and mitt romney will appoint a new chairman even if the president is reelected. the idea of moving on without ben bernanke. what do you think it will mean? >> looks like ben bernanke will not stay beyond his term whether it is obama or romney. ben bernanke is different from alan greenspan. alan greenspan was chairman of the board where ben bernanke built a consensus. we see these press conferences and show it is group fought. not just one man's view and the opinion. even if he does leave they will continue the current process. connell: thanks for coming on. dagen: you know what is interesting? he leaves potentially early 2014, promising to keep rates at

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dagen: iconic shoe polish maker shinola launching a high end manufacturer of items, all-american brands in the manufacturing center of detroit. connell: jeff flock joining us from detroit with the latest. jeff: we promise to get through this without swearing. this is something that has not taken place in the u.s. since the 70s. now we have watches being assembled in the u.s. once again. the company is shinola. this doesn't do justice to the old saying which is you don't know what you don't know. i have the principle of the company. why do you think you can make

watches profitably in the u.s. again and why did you choose the name shinola? >> great bran history. it is important we have a brand that has history in the u.s. and manufactured in the u.s. and manufacturing watches in the toy is a good story. >> the sell to $800 and i am wearing one of these. this is what's shinola watch looks like a. kind of sexy and they don't just have watches. at 2:00 we will be back with other products that shinola is making. interesting success story in america and detroit. i like it. [talking over each other] >> this is a clean room where we are making watches. [talking over each other] connell: earlier in the show we were talking about the staggering cost of obesity. half a trillion dollars over the

next two decades. dagen: we cut that some. coming up, she always has a lot to say. you will hear from her in the next hour. hmm, it says here that cheerios helps lower cholesterol

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you'd be targeting stocks to trade. well, that's what trade architect's heat maps do. they make you a trading assassin. trade architect. td ameritrade's empowering web-based trading platform. trade commission-free for 60 days, and we'll throw in up to $600 when you open an account. dagen: exactly noon eastern time. >> raising the roof on housing. existing home sales at their highest level in two years and stocks in the sector are soaring. cheryl: the cost of obesity. frightening news on how much it costs to take care of the overweight population. out meme roth is here on out candy and snack company's target your children. dennis: following the latest cyberattacks liz macdonald

investigates whether online banking is safe. nicole petallides on the floor of the nyse-listed. >> when you look at the screen on your television that is what their job is. it is a glassmaker. it is a buy rating, doing really well today, up from neutral, it is $16. it has an upside potential. let's break it down all little. two weeks of gains with five your eyes and game stops and retail stocks doing very well.

>> thank you very much, cu in 15 minutes. more signs the housing recovery has staying power. no home construction on the rise but not as much as expected. it is of 2% from july to august and 20% from last year. home construction expected to add to gdp growth since 2005 and august sales jumped almost 8% and are up 9% from august of 2011. median prices for existing homes on a rise up 9%. dennis: a business upturn for architects. kermit baker of the american institute of architects joins us. walk through some numbers. things are looking better for a change. >> it has been a really tough road for residential architects in the downturn but we are seeing recovery.

we have seen two quarters of strong growth in terms of buildings and architecture returns and things look to the trending up for the rest of the year so looks like we have momentum behind this finally. >> is it an indicator of new-home construction work i am not selling, i am staying here but what percentage is for new-home construction versus fixing what i already own? >> it is 60/40 new construction, and the rental market and that has been strong recently. finally we are seeing all three pieces move together. connell: looking at the survey screen, you say home office is the number one category they're working on. it is the biggest red flag to raise. is that a sign that so many people are unemployed that they are planning on having their own

companies working out of their own homes? >> i think it is a reflection of a lot of things. homes have not been getting bigger in recent years so households have been looking closely at how they use their space. home offices have continued to be popular. part of it is because they are unemployed and there's a lot of telecommuting with households working one or two days a week to save the commuting time and also working nights and weekendss. that has seen a lot of popularity. dennis: kitchen and bathroom is the 1 project. don't know why we are so obsessed with that but what is with the sudden downturn in home theater? that is the thing to have. >> we track special function rooms and that was growing during the housing boom we are seeing special function rooms begin to wane in popularity as

people using more flexible space and multipurpose rooms. home theaters have not been doing well. workshops and things like that have taken a bit of a pause recently, looking for multiple purposes. dennis: i would say the ipad and the i phone have done more because we are watching more stuff on tiny screens. what is with bad business in the northeast? >> i lost my earpiece. could you repeat? >> why business is so bad. can you hear me? >> i can. sorry about that. >> we are starting to see activity on high-growth markets in the southwest. those of the areas overbills, we saw more growth in the northeast and midwest and during the downturn i think we are starting

to see it move to the sun belt and northeast taking pause and we may see pause in the midwest moving forward too. >> nice job. thanks very much. dagen: rob morgan, a little market booster. we pull back a little bit. how are you feeling about what we see with these numbers? >> weekly initial jobless claims declined monthly for three years with housing being a huge drag. as you mentioned a minute ago housing is expected to be positive on gdp. it will not be a drag on employment data. let's not get ahead of ourselves. that could begin to break this logjam and bring the unemployment rate down and that is what we want to see.

dagen: we do need jobs but we are looking at portfolios getting a boost. you have come on with stock picks that you have new names i want to get through. you just added csx to your feature list. >> we like the large cap dividend paying growth stocks. this is one. is a 2% yield which is not great but compared to the ten year treasury pretty good. we will see falling energy prices giving us a big boost. attractively priced for earnings growth rate and looks technically sound. dagen: last month it was down 1% but you also added industrial stocks. i am curious if that is a new theme for you. [talking over each other] >> industrials of financials. the industrial picks, doesn't have a great yield but has great organic growth and the great acquirer. kraftsman fools, one of their

brands, solid organic growth attractively priced. dagen: big and and activity. [talking over each other] >> obviously companies that don't do that regularly, that is a plus. cheryl: stocks up 20% over the past year. i have years of stock picks to hit you with. i will go easy on you. you picked disney and i want to get your thoughts especially after disney's revenue was on a light side and we are still liking the stock which is up. >> large cap dividend payers do like disney even though the studio did well. the hidden gem is the theme parks and energy, falling energy prices would pay into that. [talking over each other] cheryl: and also down a little

bit over the past month. you like this in july. >> biotech is the place to be. one trick ponies and it is diversified. so many different areas. it is a more diversified low-risk way of playing in hot sector and large cap dividend paying growth stock. cheryl: i leave you with a complement. you picked mastercard 20%. good job. we like that. thanks. dennis: mickey mouse taking advantage of superlow interest rates and setting it on paris and oil tumbling for the third day. we head to the chicago pits to find out way but let's look at how metals are preparing today. we asked over 3,000 doctors to review 5-hour energy

and what they said is amazing. over 73 percent who reviewed 5-hour energy said they would recommend a low calorie energy supplement to their healthy patients who use energy supplements. seventy-three percent. 5-hour energy has four calories and it's used over nine million times a week. is 5-hour energy right for you? ask your doctor.

we already asked 3,000. cheryl: time to make money with charles payne. he has an ecommerce stock for your portfolio. charles: it is not high risk idea. i want to make that crystal clear. if you just splits, usually

18,000 share. now it is $10 a share. it has traded ten times average daily volume and oracle in july bought a company that is calm social markup language. every one wants to get into social media. they make three acquisitions in the two month period so some scuttlebutt that broad vision is next and making a transition out of software and a new product that has been well received came out in february. people like it a lot and it makes the company much more attractive but red flags any time a stock has come down, service revenue is down and of course transitioning out of software which their legacy business into this sort of social media/cloud. they admit they have a few hurdles. dennis: it is ten time the normal pattern. do i as an investor -- i like

when i see high volume and price but also high volume and price down. charles: high-volume price down as a red flag. by the way this volume is extraordinarily high. what i look for is two or three day stretch where the volume is 50% better than average or 70% because that is the smart investors creating a position. i tried to ride that because there are people, despite the efforts of the sec but i tell people if you like it $9.90 would be a hard loss in case something sizzles but it could be huge. cheryl: you say it is a risky play but some people need to take risks. [talking over each other] dennis: 15 past the hour. stocks now every 15 minutes. nicole: interesting news on disney and j.c. penney. it turns out in the j.c. penney

stores are going to be some disney boutiques. they will have exclusive disney items and just reporting this, this will begin next fall at 520 stores or so could be more and they have deals with walmart and kohl's and macy's. these will be more exclusive to j.c. penney according to their lead merchant. and they range to 1100 square feet and will be available next fall. look at the bottom markets. the dow and nasdaq and the s&p in the green. we have that back and action. [talking over each other] cheryl: see you soon. oil continues to fall after a huge build in inventory. a fox business contributor joins us from the cme with more.

worries surprised about the inventory? >> i was. it was four times what the market was looking for. i thought there might be a surprise where it is going but if you look at this most of the move was before the report came out. maybe this is will the saudi arabian version of economic stimulus because their pledge to raise production really pushed down the price of oil. when the report came out normally you get an $8 million bills when you expect we do. you should see oil dropped $1. we barely went down $0.50. we heard something. what is it doing to the products. gasoline and heating oil like taking but they are off of the lows. if you look at the inventory numbers they were not that person. they looked kind of bullish. if you look at heating oil supplies there 13.2% below where they were a year ago. that market could heat up.

if we see a turnaround in oil it will be either heating oil or gasoline. cheryl: we were talking about gold as a commodity is watching. how are you feeling about gold? >> i am bullish out of my mind. saudi arabia can't print more money. the market is holding up tremendously well. we are up on the day. the stimulus. i am looking for a record high above 2,000 in the coming months and it is consolidating and japanese helped us out with the big stimulus boost. cheryl: that was crazy. thank you very much. dennis: a new way to target kids. beam apps, some are worried about obese children. cheryl: the new microsoft rim licensing deal. could it lead to something is

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>> 22 minutes past the hour your fox news minute. barack obama from 1998 has surfaced in which he pushes for government redistribution. >> the trick is figuring out how to structure government systems that full resources and facilitate some redistribution because i believe in redistribution. at least that a certain level to make sure everybody has got a shot. >> the election is close. mitt romney seize the opportunity and he believes the government should take from some and give to others and they come from two philosophies. back to school for those lucky kids in chicago, chicago public school students, teachers return to that question after -- the new contract must be put to a vote and that is your fox news

minute. back to dennis. when we first reported research in motion yesterday, the deal will allow blackberry to have an easier time using data and media between desktops and devices. bigger question is the real motivation for this deal so we brought in the author of the vested in which he explains how microsoft pursues partnerships like this one. you did not advise them on this deal. years we had a horrible reputation. they got everything and the parter got nothing. >> that is why you see companies not just like microsoft but mcdonald's, eight case studies in our research that are starting to change the game of how they work with partners. not just a win/lose relationship. 800 pound gorilla.

and often more when we are not a buoy. dennis: have they softened their ways? >> the case studies with finance, we study that deal and many other deals at the university of tennessee. think of it as expanding the pie. i can't fight over that slice of pie or work with you and make more time. a lot of companies are starting to realize it is much better business practice to expand the pie and share it than fire it. dennis: when you take a piece of the pie way it is usually done. regarding microsoft and rim some consultants say the mergers or alliances can be done out of weakness and two are hard to believe in some ways. >> i won't comment on their trouble. what i can say is from that deal is a licensing deal which could be a direct licensing deal.

there are expansion deals and high division deals and value exchange. in a licensing deal like this room would give microsoft money and take the money and give software so it is a value exchange versus of i expansion. dennis: i was thinking the best thing that could happen, it has the corporate account killed by the iphone. microsoft which is very strong and killed by apple should by ram and that way corporate accounts overlap and rim could survive. do you think a deal like this where they are doing technical stuff could lead to bigger deals? >> if you work -- i know if you go -- microsoft finance still being run. when companies take their muscle and worked in a hybridcollaborative environment, they will both win. but you have to step back and

have that mindset that it is a win/win. it is not even and exchange. i win some and lose some. conscious effort to expand and share the pie. dennis: we win more and you win less. thank you for being with us. the author, appreciate you being here. cheryl: bank of america's web site under attack. liz macdonald investigating whether banking online. the cost of obesity weighs on the health care system. the ceo is going to be here with the latest on $65 billion industry. and the s&p winners and losers, another name, a few of them, big winners today on the back of the housing.

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♪ cheryl: it is 30 minutes past the hour. stocks every 15 minutes. nicole, you are watching several movers. >> reporter: interesting stocks on wall street to take note of. sold almost 60 percent of the last three months or so, when a today. right now of seven and a half percent, this after they make deals with local businesses on credit-card transactions and having the lowest rate. also, cracker barrel, old country store, restaurants and such, coming in with numbers, better than expected, see more sales and traffic. united continental, one of the airlines. some of these are really big movers.

fitch, s&p, and moody's actually give ratings. apple, 70215. a new all-time high. forty-three times this year that we have seen apple. home depot and bake of america have been the two leaders of the dow jones industrial. dennis: well, could u.s. banks withstand a terrorist cyber attack? that question after bank of america suffered a denial of service attacks yesterday. here with the bottom line. >> according to -- according to intelligence sources it is unclear whether terror group had anything to do with a cyber attacks on bank of america, but it came as the sdi director has been warming to -- warning that cyber criminals are increasing attacks on u.s. banks of all sizes target every day. mostly from cyber hackers in eastern europe. the way it works is, hackers break-in via spam or fishing e-mails, then steal bank employee logging credentials and that consumer money, up

$2 million in some instances. hackers masquerade as bank administers is 55 administrators signing off on wire transfers of customer accounts and then launched a massive denial of service action as a distraction to stop banks from catching their fake wire transfers. but they have beefed up the fire walls. the fbi has already warned that several crimes pose a major threat to the united states. the latest in from bankamerica telling fox business that online banking systems remain secure in the vast majority of customers did not experience any issues. although, the slowdown does -- did begin in the morning. this is related to the amateur film allegedly mocking the profit of pop -- mohamad and the mideast terror group proposing a taking responsibility. intelligence sources telling fox business that can i confirm that, but this is an issue we are seeing. dennis: thank you very much. and shares of general mills getting a whip following

positive third quarter earnings that beat the street. the maker of cheerios, betty crocker products, you play yogurt added last summer which helped lift sales. also announcing, the iconic jolly green giant is back. a gentler version to coax more kids into eating their vegetables so that the maker can sell more peas and carrots. expect to see him back on tv this week. cheryl: on the heels of that time it looks like kids are not the only ones who need to be eating more vegetables. a slew of obesity news out this week. rather frightening. more than 500 million people worldwide are obese with rates here in the united states expected to jump by 50% in the next 20 years. the cost of obesity is also a huge. health problems, diabetes, heart disease, hypertension could add $66 billion to the nation's health care bill. for action on that and allow more, i am joined by mike

mcdonald, ceo of weight loss company met to fast. we will get to the numbers to talk about the company, but of what your reaction to the staggering numbers. what are we not doing to deal better with obesity. >> i think it is an extremely difficult issue. we see as an example, market of rigidity in the united states of $18 billion in the market just to sell into the market of obesity which is tremendous, but , think that there needs to be more work done by governments, by companies with their insurance companies, allowing them to cover a lot of the preventive things that people can do, rather than recover just the drugs and the things like that. cheryl: the preventative pieces of the health care law that we have a place right now is a good thing. it will help. >> i think it absolutely well. i believe if we could do more things for prevention, we just did an arrangement with a pharmaceutical company in mexico the cells obesity drugs, and they're going to use that in the prevention side, which is very

unusual because they want to add the full spectrum tell somebody from preventing obesity all the way to treating someone with prescription drugs could. cheryl: ego, you took over as the ceo of the company in february. stocks obama 67%, your stocks as you took over. thirty-three years at xerox, officemax. this is certainly a change for you. what are you doing differently? >> well, i think the company was a great company. my brother had taken it over in the late 90's, and he was a terrific of japan or in through the company. now we are in a phase where we have a terrific market opportunity if committed we are coming in with a lot of new products. we have, with 11 new products of the past three months to mature in with more in november. things like cereals that people can use. steaks and bars. one of the things that i think we have done pretty well is the convenience of our product. if you're out during the daytime working in busy, people to stake out a bark, use products that are easy to use and it really is

a 5-in-1. five men to fast meals during the day and one lead in green deal. we have seen fit great success. we have been growing in over 20 percent, so are a pretty sight. we are seeing people. i was at an airport the other day. in the lady said tomorrow, your the chairman of maxus fast, i lost 75 pounds. it's great to be up their hearing people say i lost weight. people always regain the weight is the skeptics. the reality is you have to reduce your calories a continuance on top of maintenance in order to continue to lose weight. cheryl: i have never met adult that i didn't like. it's hard to state sen. it's a lot of work. you did just settle with the ftc. there were complaints with one of your subsidiaries about false claims. abbey, do you worry about things like that to make the advertising side of it? >> especially with a smaller company. at the great fortune of working in a very large company where we have great complaints at things like that.

in a smaller company we are putting in a lot more controls, beefing about our legal staff. our issue with the federal government was we had to-5-pound claim per week over four weeks. that came back and said we want to the five for two weeks. so we adjusted our claims. this was a 1992 consent degree. silas said rather than fight the government, to settle with the government and it really make sure we are complying going forward. we agree to disagree, we are moving forward as a company, and i think that the you know, we will make sure we follow the government regulation as we should. cheryl: that big a lot of people agree to disagree. the ceo. a fascinating story from you, by the way. family business. >> thank you. dennis: the bank of japan takes its lead from the bernanke and the fed. we'll have the details 56 californians are about to pay more for college and for the first time ever on the freeway, which is in the freeway the war.

first take a look at the 10-year treasurys. ♪

♪ >> i'm tracy byrnes with 31 brief. without action to avert the fiscal cliff before the election. the numbers of the senate finance committee agreed to figure out what will happen when

the u.s. doesn't the cliff on january 2nd if. finance committee chairman max baucus believes the more senators know the more likely they are to work together. walmart is teaming up with health care providers in efforts to help some of the customer save money and altitude. the retailer will offer more than 1 million members a 5% credit when they buy all the food items. and during up for the holidays by introducing its smaller version of its place in three home council. the new council is half the size of the original and goes on sale next we cannot america. that's the latest from the fox business network, giving you the power to prosper. [ female announcer ] you want family dinner to be special. dad, we want pizza. you guys said tacos. [ female announcer ] it doesn't always work out that way. you know what? we're spending too much money on eating out anyway. honey, come look at this. [ female announcer ] my money map from wells fargo

is a free online tool that helps you track your spending. so instead of having to deal with a tight budget, you could have a tighter family. ♪ wells fargo. together we'll go far. dennis: breaking newews on the government crackdown on online gambling. an executive with the two prime targets pled guilty in an online

gambling case. our partners of the "wall street journal" reported a former executive pleaded guilty to conspiracy, accepting illegal payments, and the journal saying that he also admitted to engaging in a scheme to disguise online gambling payments of the winnings. cheryl: well, we want to turn our attention to european markets. they continued their climb upward as the bank of japan became the latest central bank to lost -- launched fresh stimulus. there for what's more be will go from asia to europe with ashley webster. >> reporter: we did see a nice boost. then we saw of profit-taking. but, as always, it's about the politics, have this debt crisis is going to be solved. we have news that the ecb presidents will be in berlin again next tuesday to meet with the german chancellor. more importantly, to talk to german lawmakers about the ecb plan to save the euro and also german businesses. cheryl: what did they not like? data set that they are sick of

leading the party here and getting all of the fiscal responsibility, but at the same time -- dennis: the amount of money, the moral hazard. the government's always believe that the ecb is there with a backstop of all the spawned by that the yield on the government that does so high they will not be inclined to put reforms in place. there must be some sort of accountability. that comes with the conditions that the countries have to live by of the trigger that on buy programs. this is why spain is dragging its feet. a lot of pressure on the spanish prime minister to do something because it appears the writing is on the wall. they're going to need help. he is asking for it. as long as the bond yielded, if it stays of a 6% he does not have any motivation, but if we see it prepack about 6%, which it did briefly yesterday, spain may be forced to ask for help. cheryl: by the way, i heard it

was up bit of a french accent on the spanish name, just to let you know. dennis: right. all right. does this has been roaring. stock up 60% in the past year. now disney is pulling off a slick debt deal that underscores its financial muscle. disneyland paris is now in its 20th year, and disney will become the sole provider of euro disney debt. look at the savings that this will yield five. europe, almost $2 billion in debt from outsiders at 5% interest. walt disney are going to buy out all that debt, charge a full point less in interest, and euro disney says that the $60 million or five years and frees up almost 300 million in extra liquidity. those numbers make a big difference when you consider that euro disney lost $80 million last year. and it is a quarter till.

every 15 minutes we have stocks. nicole, you are walking home builders. >> reporter: an exciting day. take a look at the group doing well today. clearly, this has been a group that has outperformed the market. many names up 80% year-to-date. today you see up arrows. kb homes, up more than 4%. pawlenty grew up with an 7%. this comes on the heels of the numbers of we got out this morning, housing as well as existing home sales. existing home sales jumped almost 8 percent, topping analysts' expectations, certainly a good move. the housing, they saw, a little bit weaker, but single-family homes really did well. people took that as a key that we are seeing somewhat of a recovery in housing which was good news. market checks, the dow was up 53 points. that's quite the all-time high of this year. 13,655, but right now not too far off either. back to you. dennis: we will give their

chemical. we will get there. cheryl: it is time for actually, you're west coast minute. events like the tuition hike is in store for costing students. trustees approved a plan to raise tuition by 5 percent of less california voters approve a new tax that will be on the november ballot. property sales and would trigger a $250 million funding get to the entire cast a system. los angeles county is about to get its first-ever toll lane. the 11-mile toll lane on the 110 freeway is set to open november 10th and will get l.a. drivers who are used to some of the source gridlock in the country if the action to pay anywhere from $0.25 to a dollar $0.40 per mile to use the best light. can the owner of the staples center, l.a. kings, galaxy may be up for sale. now on the block for bidding. sales complicate the aeg plans to bring the nfl something back to los angeles, something the mayor has been pushing for.

that is your westcoast minute. we will see what happens. dennis: earnings begin to trickle in. corporate america on track to report a year-over-year decline in earnings for the first time in years. cheryl: have commercials already have your kid screaming gimme, gimme, gimme. wait until you hear how marketers are now trying to lower rate your children. first, take a look at some of today's winners over all of the nasdaq and there are plenty, including first solar which is the winner or loser every day.

cheryl: breaking news in the markets. the justice department says that hospital chain hca is paying 16 and a half million dollars to settle false claims allegations regarding its tennessee hospital. resolving allegations that it provided financial benefits to induce doctors to refer patients to its facilities and the whistleblower in that case will receive 18 inapt percent of the share of the civil settlement. well, candy and snack companies are changing the way the market to kids, launching smart phone and ipad apps directly targeted to pint sized consumers. dennis: cheaper and more effective than buying saturday morning commercials. end up are not regulated by the sec. health and wellness advocate joins us with her take. that works run all kinds of bats. what is so wrong with a game? >> we have been debating this issue says the carter administration. we should not be marketing to children. back to the recommendation was

that we should not be marketing to children. congress set your note blogger it will talk about this subject. we come as a society, should some marketers are adults, children are children. no adults should establish a direct relationship with somebody else. crazy, wrong. these are not gains. these are advertisements. cheryl: we did a segment talking about the obesity rate citadels insolvent. it is alarming. at the same time, isn't there a big brother issue? is in the concern going to be of this is going too far? >> i think if it were that we can't advertise to adults. remember, children's prefrontal lobes are not fully developed until their early 20's. studies have shown until itself as a years of his nephews and advertising regular information. so special protections is over really talking about. >> i don't think government should ban business from doing a lot of things, especially when it's illegal. there is the issue of corporate

free-speech. also, you're acting as if a 5-year-old, they're going to go out to the store, they're going to buy that product. it's up to more debt to buy the product is lindsay of the parents as the ultimate regulator. what we need the government involved. >> if it was effective the market would not be doing it. marketing to children should not be bad. advertisements are ingenious. that is why they work. investing a lot of money. dennis: play a game instead of have your kids listen to an end. >> i don't think that's my only choice. you bring a bigger topic. it's up parenting, and i have to be it sells ultimate advocate. the failing. the child has to be fat, but they are. we don't have to have marked as directly trying to establish relationships. >> the up to this a go for it too far, complaining about your

city and the ban. >> can go too far with adults, will the children a special protections. >> there already have plenty. thank you for being with us. cheryl: focus on specialty retailers of autozone and bed bath and beyond reporting quarterly earnings results. we have the latest. >> reporter: profits for a 7% for the quarter. sills dropped as us a very sharp. remember, autozone, well, we have a best buy, bed bath and beyond. stigma about autozone. they open stores in the u.s. and mexico with a get a big boost from consumers that are not buying new cars. they didn't care of the was a diskette. this is necessarily a reflection of the strong u.s. or global economy. this is more a reflection of that the recovery is still a bit stagnant and people are taking care of old cars. autozone shares, up used today.

there also up about 15% so far this year. this is the body according to most analysts. overate rating. and a foreigner and $20 price target. as the average. now, last by -- of zurich and a bed bath and beyond. similar. we are looking for those earnings after the bell. this is a stock in the company very dependent on the recovery in housing market. it has not seen that yet, stocks up in anticipation of that, so far this year down 3%. still, analysts like is heading into it. a downgrade from oppenheimer this morning. but mostly optimistic getting into that report and we will see it after the bell. cheryl: noticing a nice uptick of the last couple of months periods thank you very much. the trade. oil is falling watch it unexpected. but should we see espy sometimes in? decks to the travels overseas. dennis: coming up melissa and

lori look at orioles fragile feature. keep it here on fox business. for [ mujahid ] there was a little bit of trepidation,

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