♪ ♪ ♪ neil: we're ever and however can take steps to expand american families, that's what i'm going to do. neil: my way or the highway. by executive order. welcome, everyone. i am neil cavuto and step back on this wage hike. many wilhite the minimum wage to $10 and 10 cents per hour and he

is not only going congress and say the heck with congress. yet the load of some of the other stuff on the hearings. this minimum-wage thing could be opening up salvo. many say the big i will dig it is way on many issues from environmental regulations to financial regulations and all of the regulations that republicans hate. he said because he simply can't work with them. so he is going to plow forward with or without them. ron pal says wait a minute. but first come into our very own judgenapolitano. not only are human with the territory, but impeachable territory as well. so what is the exeutive order in and being out of order?

>> for those of us that believe that the constitution means what it says, there's a lot of legislation against presidents, not only president obama, but predecessors a lot of leeway to wiggle with the law and enact regulations and who intereted in ways that they want. but this president has begun to do things that has the effect of rewriting the law and that is when he gets into a dangerous territory. the president signed an executive order aying if you do any of the following 13 items come i will not support you. that effectively changing the law because he created these 13 items. and congress has not yet decided whether or not to raise the minimum wage. if congress raises it anyw for the hundreds of thousands of workers and contractors that work for the federal government, he changing the law.

>> has the power to do that with federal contractors, i can set their pay. >> many of the contracts and many of the laws that authorize the contracts given that wiggl room. the exercise so defies the laws that you could argue he is not a full and he has to come in the president, whoever he is coming he is obliged to enforce the laws as they are written, not as he wishes it to be. and he says the eu, you can sty if you do what i say you need to do. what the congress does he need to do. and he is not faithfully enforcing the laws that rewriting the laws and that is

when he gets into very dangerous constitutional territory. neil: one of them was saying the gistof it, george bush, bill clinton, they have far more executive orders. the degree to which they go. >> precisely. there is nothing wrong with the executive branch of the government. and he signs orders telling them how to do their jobs. many of them meet the radar screen ad he has not only done it but he has boasted about it. and he can sign up for any reason that he wants in congress can override it.

neil: judge, it is always good to see you. immediately tweeted during the president's addresthat he was going way too far and that his cavalier attitudis a problem. good to have you here. what do you make of this and what the judge specifically with saying that it's not the focus on the number of executive orders that those on the left are using to say that this president isn't so bad. but the degree to which this president goes on. >> is what they are doing and the numbers will tell you everything. there has been way too much abuse. the champion of the executive order was fdr. and in foreign policy to use executive orders to go to war without permission from the

congress. so there is so much going on. there is the tone of others me so much. the most excited that he got his when he got to this point what he wants action. and so he inferred that he will go around in this happened for a long time. until we don't take fair warning, we the people have a problem. neil: even fdr di. and they will hemmed and had about the legality about all of that. and we can meet you in court later on. and the damage is already done.

>> yes, and that is the case. but to get them to do it and they don't have the time to go through that. and this president is not going to hesitate onebit. neil: democrats are blocking a lot of the executive

appointment. the opposition is supposed to defend the opposition from the constitution. and we were going this economy and the two sides got to talk about this rather easily. and they don't get along together because there are constrains and it has to do with

the budget. and it's going to make things much worse and they are going to be complaini. and they haven't resolved the real question which is what should the role of government be and why shouldn't we follow the constitution. neil: i had mitt romney on as a special guest and he was listing who he likes. and i don't think it was an accident. what do you think of that? >> is disappointing. i was want to do my best not to

be really critical. and that is obviously not a very nice thing to do. but i don't know exactly what is in his mind for sure. thirty-one you are a gentleman. it's always good hing you. neil: kind of like the guy that charlottes at the bar [ male announcer ] e new new york is open. open to innovation. open to ambition. open to boldids. that's why n york has a new plan --

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>> we can still do more to invest in this country's future. upgrading our ports, we can invest more in fuels of the future. this year we will invest in new partnerships. neil: all the roads and bridges will be made out of double steal. guess who is going to pick up the tab on august remap grover

norquist knows who. it is like doing a great deal with our money. >> the good news is he wasn't going to spend any money at all in his entire speech. there seems to be a great deal of investing, which might look like spending. but there was a fair share of stock. so if you're not willing to use the words what you plan to do, planning to spend andspend, he chose to se different words. and he knows perfectly well what he would like to do. 730 days he woke up with a democratic house and democratic senate.

neil: he can do a lot of damage through executive order of the president. but we were talking last night to a number of democrats were saying who are saying that this is a brave and bold vision. i can have a brave and bold vision but if i'm not paying for it, i can be really brave and bold. we are making grandiose plans about infrastructure, hiking the minimum wage, for federal contract workers, it's no damage to you. >> that's correct. raising the minimum wage for federal contractors has no effect on any president will contracts. so what he is saying there will

be fewer bridges and fewer roads unless done by the federal government. because there is a fixed amount of money thanks to the sequester cats over the next three years as the president is there. and by doing so there will be less of everything that he is talking about. and they sd okay, you're going have to pay more for that. then, all of a sudden, it takes on a differen complexion. a smart pollster will add that

would you like to have all the rivers the clean water that you could drink? and all polling would have an ability to answer this. neil: over, thank you so much. meanwhile, executive orders, prident obama is visiting vice president obama's big office box today. shopping for a big minimum wage hike. but is it really because costco welcome back. how is everything? there's nothing like being your own boss! and my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotion is in order.

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>> wherever i can take steps to expand opportuniti come i will do it with and without congress. i firmly believe that it is time to give america a raise. [applause] neil: attention, shoppers. visiting a costco today in maryland. i wonder why it wasn't a wal-mart. at least costco pays its people and he wants to kill other employers into doing the same. but is it really that simple and as he picking and choosing his angels? former congressman is with us and that is actually bad. it sends the wrong message? rad, what is your concern?

>> my concern is that it's ironic that he's at a costco. costco has less labor of what it sells as a component in any other retailer in the world. and itset me back for very little labor and everyone else has to compete with costco and has to use a lot more labor to do it. and it is not expected that it will be effected by this law. we will have a lot fewer jobs in america and the leadership of costco is now made a lot richer. you cut him off atth knees. neil: dennis kucinich, what do you make of that? >> i have been a member he and i can ell you that jim senegal

has said that we are not going to hit our show phot against our worrs and we want all to perceive and benefit from the fact of the matter is that costco has a lower profit margin. at the same ime they are successful that enables this world for the company. there is no credible economic study anywhere. neil: increasing it would at least be jarring, women. and if you look at the fact that in 1968 it was about a dollar 60 for minimum wage, the growth of the wage could be closer to about $10 and 70 cents to keep pace ith rising cost inflation.

tunnelers 10 cents minimum wage puts us in a level of non-wages being higher than the united states. boosting the econo, increasing the goods and services come all the these things are in line with increasing the minimum wage. beyond democrats come back and say it is going to be hiked up g-time. and they want to contue spending on the claimant benefits and awesome uptime. paying for those unemployment benefits and also for higher minimum wage.

>> i think there is a fundamental misunderstanding here. most of the big companies in america, big retailers included, they pay a successive minimum wageor more and it is typically the people that are not paying minimum wage or those who are more onthe edge and for many years i worked at best buy was a little tiny company and we're always on the edge. so we had to do one of two things. get rid of people to figure out how to survive over what i understand in december, retailers have announced 800 store closures. neil: what he is saying that he's been a ceo in a very good one. and he knows that this will be a crunch. >> you have to look at it in

macroeconomic terms. it comes from increasing the minimum wage for hundreds of thousands of people you create it lifted the economy. and there is no economic study that shows that that is going to happen orthat it has happened. you can go back to the '90s when there were studies done about claims increasing minimum wage that will result in loss of jobs. a dozen. we have a couple of problems.

neil: shoul cruise be in control? neither former republican who said that that is why he is a former republican. coming up next.

>> i don't intend to endorse anyone until the primary is over. i start i'm mentioning paul ryan because we're very close friends spew. neil: you didn't mention rand paul and ted cruz. >> they represent different parts of the party. i'm giving them a chance to express views. but i think that we are going to unify behind the leader of the party who represents a broad portion of the party as possible. neil: whatever you call it, a teing exchange from the republican presidential standard.

attaching promising candidates to rand paul or ted cruz. governor gary johnson says that kind of thinking got him umping from the republican party to another party. what does he think now? >> it's great to see you and thank you for having me here. one it was sort of like a knee-jerk collective kind of gut response to people outside the mainstream. >> that being said, had he have you seen the documentary? >> i highly recommend it. and there is a disconnect between republicans. not mainstream republicans. i represent the majority of republicans and though notion of being fiscally responsible but i

think most people fall in that category. but i side with this in 3.5 million people got online and injured 36 questions and then got paired up with the candidate most in line with their views. and i was the ext individual on the mound. streets were bred for gary johnson. then there was a blue tint and a green tint for at least those that i'm associated with. and mitt romney had a light blue tint on the country. neil: mike lee chose to really rip republicans.

>> the republican establishment in washingn can be just as out of touch as the democratic establishment. and right on. the runfor political office. you have baggage associatewith it. whether you are not hether you're a democrat or republican or libertarian and a majority of amicans are independent. >> they're giving so many responses. that is what it ended up being like. >> and i think the republican rty right now is being very exclusionary to the mainstream republicans. tse are republicans no longer want to associate, they don't carry. neil: you say that they hav proven a guy like them can't when. >> well, that's exactly rig. that is what did happen. the republican party is getting

further removed. where is the inclion and the debate? they were not willing to take on that debate. they were willing to let ron paul onstage but they were not with me. the aclu did a report card on the presidential candidates last election. i won with 21 out of 26 liberty torches and ron paul is second with 18 out of 26 and obama was third with 16 out of 26 and mitt romney have one liberty torches out of 26. i'm a flaming liberal when it comes to civil liberties and i believe that i am as conservative asanybody when it comes to dollars and cents. neil: do you think those social issues dominate this? >> well, if you don't get give voice to the opposition than that is your choice as.

everyone within the republican primary were socially conservative and ihink that that is where the disconnect ones. neil: what harm is it listening to their points of view? each party tries to get it monolithic. there is a fiscally responsible and socially tolerant compromised. neil: very smart. thank you for being on the show. anyway, people clap when the president pulled on their

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>> is congrs needs to restore the unemployment insurance that is expiring for 1.6 million people. more important, thisountry needs these people ii the games. ask every business leader in america to join us to do the same. neili want to keep pounding this home. neil the very night that he is urging congress to hike the federal minimum wage. neither he nor congress pays for such things.

in some and some small-business guys are here to say that they can't. with me e is david mcarthur. and those who deal with this stuff everyday and can't deal with what they are hearing out of the president knocker. >> i'm not against unemployment coverage. federal governments with a mandate on it went of time. and they don't pay the full bill. the state has to be part of that. they come to the small-business person and increase your rate. he wants to start everyone at $10 and 10 cents.

i have higher utility bills. >> it's very easy for the president to say look at what this is doing. and hope springs eternal and comparing a major national retailer with you guys is like comparing this to michael phelps. it's not much comparison going on. >> of the palm problem that we have with the president. he brings up theseld illustrations that don't have a basis in reality. as small-business owners, we have a tax burden in the

regulatory burden that is overwhelming. whenever i see businessethey e not doing well in this economy. and we need to be able to turn that around. and we don't turn it around with this extension of the unemployment benefits and we are going to hurt the small-business owner and we are going to hurt the people who are going to get it because it's creating dependency and it's destroying initiatives and so in the same night the president want to hike the minimum wage. one you to foot the bill for extending unemployment benefits. and the other guys are crunching the numbers. you must feel pretty cruned. >> yes, it is. is frustrating as well. the president is giving a great performance and telling us to

just pitch it in a little bit more. but the reality is is that the administration hasn't done what it needs to provide economic growth. and he's lookingo raise the minimum wage and looking to take away money from the small businesses. rheometer president gets his way on all of the above area. >> definitely don't want to create more jobs.

thediscussion covers the fact that this adminisation has not created the jobs and the economic opportunities and growth. and that is the real problem. it's not taking minimum-wage from $7.25 to $10.25. the one we will keep following this like you know why. in the meantime, what have i told you? separated at birth. ♪ [ le announcer ] wt kind of energy is so abundant, it can help provide the power for all th natural gas. ♪ more than ever before, america's electricity is generated by it. exnmobil uses advanced visualization and drilling technologies to produce natural gas... powering our lives... while reducing emissions by up to 60%. energy lives here

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>> i'm asking congress to make high-quality pre-k be available to every voyeur old. >> belies the very wealthy to be

paying a little bit more in taxes. neil: the this guy wrrte these guys speeches? joining us from florida on the phone right now, our next guest might be regretting it now. what you think of all of this? >> i think it's always great to be with you. i think that the mayor has forgot to tell him that i think universal pre-k is a great idea. and the presidentas to do this on the national level. we need to move on. neil: the jury seems to be out making its mark.

you might be right and i ll defer to you. >> i think it is right. it's always easy to find other people's programs with other people's money. new yorkis a most overtaxed state in the nation. neil: i don't know whether it's in the progressive wing of the democratic party or whether it is the democratic party now. all of these big initiatives are

back with a vengeance. >> i think that he has touched on it. the term vengeance. and a lot of people who become willingness to accept victory and teir friends i would love nothing more than to enhance the quality of live and look at the concerns of the charter schools are public schools. why don't we be as a city and as a collective audio. let's see what else we can do to make these -year-olds better prepared. we educate kids all around the

world and then they go home. and the mission has been accomplished. >> it is always great to be with you. there is an election coming up in less than four year i hope that you are running. [laughter] neil: okay. be careful what you wish for. [laughter] did grasso. starbucks, if something doesn't scare you, maybe ronald well. get ready for the business splits. mcdonald's is getting ready to brew male announcer ] e new new york is open. open to innovation. open to ambition. open to boldids. that's why n york has a new plan -- dozens of tax free zones all across the state. move here, expand here, or start a new business here

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♪ neil: if you had your choice between paying clos to five bucks for a cup of coffee in worth about a buck, which would be for you? well, mcdonald's those

narrows and is ready to let starbucks know. in our business let's edge of the children made a better cup of joe when. here to get the conversation percolated. here you go with? mcdonald's : starbucks? >> this is the in the battle that has been raging for a while adults picking up the pace. well i don't think you will see a lot of vegetarian yippies leave starbks, what they're doing is catering to the middle class, catering to reality, the fact that we don't have the fund know what, if the doe says this right in that position themselves directly and get over to the n cafe or do mething deed regular customers in, i think this ismark. umpire. i think it's a smart move. neil:you know, everyone was worried for the starbucks future window condolence branch debt and agressively marketed coffee and even breakfast sandwiches and added. at the pine, pardon the next

time of the reference calligrapher everybody. was it really that damning? could this be really that damning for starbucks? >> no, but you're right about duncan. starbucks was a really you perform. with mcdonald's the laggard. i don't know if it's like that hit the vegetarian crowd that cheered mentioned. neil: that is his crowd. he may not look like it. >> you should probably take the advice. his advice about alleles. you now, mullen meals are the ones the starbucks is really going after. those are the laws they want. millions of starbucks, the coffee, the experience. frankly, the stars and lesser. neil: but take it for me, i think both of you guys in yetis complices way to long. anyway fr yet another shipload,

is allof this getting old? to win because of this. what might they be? >> they're not the cruise lines. in my opnion. those of been cruising along. there wergreat performers even after a lot of these incidents took place. here's my take. procter and gamble, the maker of pet the abysmal and others, tell me trouble. the likely pulling out of procter and gamble product. they cannot have great it is to be octer and gamble. neil: does not battle. was the? >> that quintessential investor. this is not uncommon. the breakouts are actually pretty prevalent. in fact 16, 14 or some of the typical. the bottom line is the way to

play this is a water treatment. and going to give you to stocks. as a number one transport treatment center the largest water utility as we grow infrastructure and expand the country. union to keep bell water clean and free of these viruses and bacteria. fifty-six really quickly, you know like any of thecrude stocks. >> actually, it's interesting. i would bt royal caribbean. unlike the stock. it looks great heed these affected and. people of buying the stock in the market's fears. i think. ♪ know what that means. it's time to get to bed tonight to preparfor tomorw. some. >> typically is the gdp data. but we need to look around the globe and see what's going on with these other central banks.

a big central bank meeting this week, but i'lltell you, turkey, argentina, these are the forefront. neil: i can deal ith another global contagion. >> i'm keeping here at home. pending home sales data is out. six months of decline. existing homes may eqte to lower prices. >> there are two things that need to happen. this thing has been dropping. deccan equate to uprising in problem. and when you have interest rates that are risng, you bring those two together and we could potentially, and jst saying

potentially see a dropdown in price later this year. all the good news we had been seeing could start to dwindle away which is where miyazawa really going to stay csed because that is where wallace. neil: great seeing you again. thank you, gentlemen. good night. kennedy: the president's speech last night, two of the four republican responses clearly dividing an already divided policy. the libertarian wing is positioning its. this certainly is not about that will school student speech. the gop offered us. hi. before -- the welfare and the role of government. and an embarrassingly sluggish recovery. could be great news for u.s. let's