inheritance story you'd like to share with us? we'd love to hear it. send me an e-mail or go to our website -- strangeinheritance.com. >> health care is a right of all people. john: it is? is for educational sore right in childcare, housing, cell phones? what are your rights? the founder said life, liberty and pursuit of happiness. they later added freedom of speech religion the right to bear arms protection from unreasonable searches. the founders wanted protections from power politicians. recent edit checks and balances to the constitution. presidents can create laws unless congress approves them.

>> executive action. >> executive order. >> i will go as far as i can come even beyond president obama john: will the supreme court keep these wannabes dictators in check? who will be on the supreme court? >> this president predicts five supreme court justices. john: that will shake policy for decades. are your rights at risk? that's our show, tonight. >> and now, john stossel. john: our rights are at risk. it's partly because the two leading presidential candidates both want to take away some of your rights and also because many americans are confused about what they write is. bernie sanders said things like this. >> health care is a right of all people. john: it's a right, health care? he also said education, decent

housing and childcare our rights. politicians around the world agree. u.n. bureaucrats claim plot to things or human rights. protection from unemployment, rest and leisure, food, clothing, housing, necessary social services, free education and periodic holidays with pay. those are human rights? i guess mark zuckerberg abe lincoln and thomas edison, they were deprived of basic human rights. bernie sanders and the u.n. busybodies are wrong. health care, housing and food are not the kinds of rights america's founders wrote about it because he to give one person for housing or education you have to take money from somebody else. that's a violation of those people's rights. in our bill of rights every single right is a right not to be meddled with. in other words a right to be free from government, the right not to have your speech abridged or your religion band. that's a big difference from the

un's rights or bernie's are hillary's. they would take other people's stuff and give it to people they say deserve it more. but at least the rights the founders care the most about it have often been protected by the supreme court when politicians try to go too far. but will they in the future? donald trump says, that's why you have got to elect me. >> this president predicts five supreme court justices. if hillary clinton gets in she is now so far left that we are never going to have a country again. john: while the next president will appoint scalley as replacement and five judges are more than 65 years old with mate mate -- stephen breyer 78 so what's going to happen? let's ask senior judicial analyst judge andrew napolitano. >> i think they are both likely to pick people whose views would favor the expansion of the government.

john: i'm surprised that this guy obama proposed merrick garland. he has described in the media says popular centrist and yet he is centrist left and right but he is anti-libertarian. he always sides with the government, every single case in which he ruled as a federal appellate judge because we did the research, he has sided with the government. often democratic nominees side with individual liberty when it comes to the fourth amendment, search and seizure. this is a democratic nominee who always, underscore the word john sides side with the police and the government. on twitter and facebook i asked you what rights do you fear the next rights will take away candy posted both presidential candidates have no respect for freedom of speech. the first amendment would be gutted. >> i do not think that any significant change will come about during the presidency of donald trump or hillary clinton with respect to freedom of speech.

i do not understand your viewers apprehension but i would suggest on that line, not on the other spot on that can relax. john: look at the candidates. hillary once tried to ban to be a game sales to minors. they both talked about cutting off parts of the internet. they both want to ban flagburning. >> remember the supreme court can only hear cases that are properly before it. there are no cases before the supreme court right now in which any of those traditional first amendment liberties are likely to be overturned. john: good. here is one thing hillary clinton told the democratic convention that she wants her supreme court pick. >> expand voting rights, not restrict them. john: and you are for that? >> i'm for the right of people to vote. i am not in favor of nitpicking requirements at the ballot box. but i'm also not in favor of voting fraud.

she is saying you shouldn't have too have a photo i.d.. >> the requirement for photo i.d.s has an effect on people in inner city who don't have driver's licenses than the laws unconstitutional. i don't accept that but that's what the law is and this court is uniformly enforced it. john: in this time i have to show a photo i.d. to buy a cold pill and you have to you have to have to drive, to fly in to get food stamps. doesn't seem like an unreasonable thing to asks for to prevent voter fraud. >> on this you and i are in the same page but the court has so elevated the right to vote that you can barely ask the person's name. >> here's something else that the new supreme court may rule on. this year president obama's attorney general made this announcement. >> today we are filing a federal civil rights lawsuit against the state of north carolina. this section is about a great deal more than bathrooms. john: more than bathrooms but they are going to reach from

washington to every bathroom. >> show me where the right to use the bathroom is a federally protected right. it's a property right and it should be determined by whoever owns, leases and manages or controls a property and the federal government should have nothing to do with it. john: on facebook tasha moore writes she worries clinton and trump will try to use the court to widen government spying eye on private citizens. the scary part is average people will be convinced it's okay and it's the right thing to do. >> this i am terrified about. we are one vote away from unleashing the nsa to more unbridled spying than we now have. john: why are you terrified? is much less intrusive than being stopped at the airport. most of her information is out there anyway. it's true they can't prove they have stop anything from what they have done so far but it's logical to think gathering this data might stop the people who want to kill us.

>> except it doesn't work. when people are afraid it's human nature to opt for safety rather than freedom. should the government be able to listen to every phonecall and knock on every door and arrest anybody it wants? who would want to live in that environment? john: that's much more intrusive than gathering information quietly. >> when the government gathers information about acid knows too much about us and it chills our being and it deters us from being free and happy people. john: do you worry more about the clinton court or a trump court? >> i worry equally john. john: will it be the difference? >> there's very little difference between the two. john: trump has his list of people who sound pretty good. >> air for the most part with the exception of one of them big government republicans who would almost always side with the government on issues like surveillance and with the federal government in its disputes with the state. john: thank you judge andrew napolitano.

if americans have rights i would think one right is the freedom of association which means a right not to do business with people. a couple asked the colorado avery owner jack phillips to design a wedding cake for them. >> jacket was declined saying he has no problem selling premade cakes but he couldn't do a wedding cake due to his deeply held religious beliefs. the couple complained arguing they had been discriminated against. the state civil rights commission agreed and ordered phillips not only to make cakes for same-sex celebrations but to reeducate his staff about colorado's antidiscrimination act and to make quarterly compliance reports to confirm he has not turned away customers. john: he has to file compliance reports. this reeks of totalitarianism. it's his private business. some bakers and photographers have been put out of business by these antidiscrimination laws but they are necessary so

democratic consultant jessica -- it's an intrusion into it privacy. >> no it's not. at ensuring that people get equal protection under the law. john: there are other bakers around. >> absolutely and that has become the greatest counter case to this is to say very few towns will only have one baker. the point is the slippery slope argument here. it's not that they are conveying support for same-sex marriage. they are just abiding by the law so yes i understand that i feel for him but we have to treat people equally in this country. john: so should the black student association have to take whites and should the women's club have to take man? should the jewish baker have to put a swastika on a nazi k.? >> as a jewish person i would want to make a swastika cake. yes, you would have to. john: is a good thing? >> is a good thing we treat

everyone equally? we can't make exceptions for people who treat others unfairly on the basis of race gender sexual orientation. john: let's go into one other area that you and i will disagree, the hobby lobby case. he was 5-4 so this could change with the next court. the court says this company did not have to offer insurance. >> the issue there again is the slippery slope. there was another case that showed the slippery slope where a company privately-owned, family owned not only did not want to provide contraception or abortion related services but they also want to restrict counseling. they didn't want women to talk to their doctors about their reproductive choices on their health insurance. come on. john: this is where you and the left drive me crazy. they didn't want to restrict it, they didn't want to pay for it. a person was free to get counseling. >> if you have health care why should your health care cover all aspects of your help claire claire -- care? that saying our reproductive --

is not part of health care which is categorically wrong. john: it doesn't carry your toothpaste or your toothpaste. >> people go to the doctor for all sorts of reasons. i have to go annually and i will have to go regularly for a mammogram when i'm older. those are things that women need to ensure that we are healthy and have a long life. we have a different set of stuff. we have got to go more. john: in the hobby lobby case it'd want to pay for birth control for women. and that's their belief. why not say okay i will pay for it myself? >> some people don't have the money and under the equal protection clause -- john: we went to walmart and they cost $10, $9.99. >> what's your point? it is a right now to have that. john: it's what the law says and we have to obey.

>> yeah, think so. john: what if the congress agrees with a president trump and he says everybody has to dye their hair orange. >> i really don't think that's the same thing. i take your point and it's important we have these debates but at the end of the day the supreme court is there as a national referee and it's important the supreme court has the ability to set a standard of civility for the nation. we need to make life as easy as possible for people and that's the job of government to alleviate our anxieties and to make sure that every person has the right we are constitutionally guaranteed. john: the governments job is to leave us alone and keep a safe. >> we have different definitions. john: thank you jessica dicarlo. coming up more arguments about guns come again empower and did you know that president obama has been overturned by the supreme court 9-0 more than any other president? will that change next term? i doubt it is both leading candidates are eager to overreach.

>> another great thing about executive orders i don't have to go back to congress.

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♪ john: even nbc clueless comedy writers realize something is happening with president obama's executive orders. the presence that i will get benefits like social security to some illegal immigrants and even the writers understood that's not normally the way laws are made. legislation is congress's job at the president was doing something different. >> there's an easier way to get things done around here. it's called an executive order. john: lost every president who issues executive orders that they are not legal if they are just a way to get around congress and that's pretty much the case with president obama's orders. ♪ [laughter]

>> wait a second, don't you have to go to congress at some point? >> that's adorable. you still think that the government works. john: is how government ought to work. there are three branches of government and all must agree before prison gets to impose force on us but often that's not what our president says. >> i have got a pen and i have got a phone and i can use that 10 to sign executive orders. john: are likely next president said she too is going to ignore congress. >> if congress won't ask i will ask the treasury department to use its regulatory authority if that is what it takes. [applause] john: they applaud. people like that. said -- they say that's how things get done. >> there is -- when congress won't act the president gets the powers clause in the constitution. john: but there's gridlock.

>> it's a feature. the founding system was not to make government more efficient. it was meant to pass policies that had a large agreement that sustained across time. john: and don't infringe upon our rights. >> they were concerned about charity. john: president obama has made two executive orders so far but president bush at the end of his term had more and if we are many more. >> he issued executive orders that executive orders as a saturday night live clips that can just. in the part. john: obama is bigger. if donald trump wins in november it's not like the constitution will suddenly be respected. trump promised to impose the death penalty on anyone who kills a police officer and of course he said this about supporting illegal immigrants. >> day one i first our in office those people are gone. [applause] john mackey say one of those is

okay and legal. >> well the president can reallocate resources and priorities for immigration deportation as he wants. john: it's already illegal to be here illegally. >> that's right and just like the police chief says that go after murders raben jaywalkers the president says we will spend more money and resources on deportation. the executive does not command judges let alone in the state courts where the vast number of death penalties are given. john: three years before president obama issued his immigration executive order he spoke at the la raza conference force a member asked why they just legalize us? >> that's not how our system works. that is not how our democracy functions. >> i went to chicago law school and he was teaching there and

he'd knew what they president propose to do. the opposite of what donald trump proposes. he issued a exit border in the supreme court stopped it. takes a lot to change a lot. here are an affirmative legal status temporarily that triggers all of these benefits, that's what caused the lawsuit. john: it takes a lot to change a lot meaning the congress has to pass a law. the president can't just say let's do this. >> the president has discretion over priorities who to go after rather than someone else and allocate resources to the northern rather than the southern border and things like that. john: the supreme court rejected the executive order but it was closed so let's say hillary is elected and she gets to appoint and she says. >> if we cannot get comprehensive immigration rep warm as we need and as we should then i will go as far as i can,

even beyond president obama. john: beyond president obama. >> what she means is to give temporary legal status to everyone here regardless of whether you have a child or what have you. that's astonishing lead alone say giving a permanent status. john: the what she said sounds good to people. they applaud and she goes on to say we need to make sure law-abiding decent hard-working people are not ripped away from their families. >> i agree is a matter policy but when you look at the executive actions many times you have to think what if my biggest enemy was in the white house and have this power? what i want sarah palin donald trump hillary clinton bernie sanders, whoever your worst political nightmare might be would you want them to have this awesome power? john: they were elected. >> they were but the purpose of our courts is to check abusive come he can't just have 50% plus one the boat to kill somebody or violate somebody's rights. john: thank you ilya shapiro of

a cato institute. next. >> more handguns in the district of columbia will only lead to more handgun violence. when the supreme court forced washington d.c. to end its ban on handguns, what happened and what will happen to gun rights if hillary's elected? i don't want to live with

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john: eight years ago the supreme court ruled narrowly 5-4 vote the 2nd amendment the right to keep and bear arms applies to individuals, not just militias. while would happen if hillary clinton gets to appoint to elect a supreme court justice or maybe five justices? publicly she said she supports the 2nd amendment but we know what she really plans because a

private fund-raiser she was recorded saying this. >> the supreme court is wrong on the 2nd amendment radio host dana bash follows gun rights closely. hillary said she supports the 2nd amendment. i suppose she means you have to join a militia. >> yeah well thanks for having me. that soundbite that you just played where she thought she was protected by the privacy of a private fund-raiser, that's her first goal if she were get to the white house is to overturn heller. on the word militia i think back to what george mason who was one of the founders, he had said i asked where the militia, this is a direct quote and he said it's the whole of the people so back in the day when we had our founders who are laying the groundwork for national rights getting governments recognize them for militias every man and woman. there've been so many attempts to bastardize the meaning that they have been six -- so far unacceptable. our rights become anachronistic

overtime hold no water. john: but for justices to the opposite side and among the five, one is gone. >> you are absolutely right and i think that's the biggest threat to looking at a possible hillary clinton supreme court. john: in the least audio from the hillary clinton fund-raiser hillary also said this. >> the ideas you could have been open carry permit with an ak-47 over your shoulder walking up and down the aisles of the supermarket is just despicable. john: concealed carry could go but i will push back at you. why do people need to be able to carry ak-47s in the aisles of the supermarket? >> i don't know anybody that carries an ak-47 in the iowa supermarket. you have to get your local sheriff to sign off on it and you have to go through these government loopholes. you have to jump through all these loops and get a special license.

she is conflating a fully automatic firearm at the semi-automatic firearm. it's very difficult. nobody goes into supermarket with an ak-47. nobody commits crimes with fully loaded firearms. john i was just in the supermarket the other day picking up dish detergent and i had my glock 19 on my hip concealed carry. i have never taken an ak-47 and that i live in texas. we have open carry and we have concealed carry and everyone says when the open carry was passed in texas, it's going to be violent chaos. it didn't happen. there was no chaos. the claims they have made about this are wholly unsupported. john: will the court be different if trump is the president? >> i don't know.

i have work i hope with trump and his supreme court than i do hillary clinton. we could see concealing carry go away. with the other candidate we have a hope that won't happen so you have total knowledge on one hand and the hope that the worst won't happen with the other. john: you referred to heller. heller was the decision in washington d.c. where the supreme court said washington had to get rid of its laws that made it impossible for people to get handguns. the mayor said people will die. >> more handguns in the district of columbia will only lead to more handgun violence. john: but there have been less. there were 185 murders in 2008 when that happened, 109 last year. >> the interesting thing about this crimes committed with illegally used firearms dropped more than just non-firearm use crimes which i thought was an

interesting statistic. when you look at every single instance where this is taking place, crime drops. john: thank you dana loesch. coming up these protesters want more financial regulation. will the supreme court give it to them? the lexus rx, rx hybrid and rx f sport. this is the rx...elevated. get up to $5,000 customer cash on select 2016 models. see your lexus dealer. ...one of many pieces in my i havlife.hma... so when my asthma symptoms kept coming back on my long-term control medicine. i talked to my doctor and found a missing piece in my asthma treatment with breo. once-daily breo prevents asthma symptoms.

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