interview with jonathan turley, constitutional law professor, we've done that now, follow me @megynkelly, let me know what you think. thanks everybody, thank you for joining us, i'm megyn kelly. and this is a fox news alert, it is being called a catastrophic winter storm, snow, sleet, ice slamming the south and then moving up to northeast. now for the very latest on how it is hitting the south. we are standing by in atlanta with the storm hitting earlier this morning. jonathan? >> reporter: good evening, sean, atlanta being your old stomping ground, i know this was a familiar sight to you. but take a look, i am sure you don't remember anything like this, ordinarily there would be heavy traffic even during the middle of the night on the downtown connecter.

but we have been here through the morning rush hour, the evening rush hour now, and seeing very little traffic other than some snow plows coming through here just before i started talking to you. people have been heeding the warnings from state and local officials to if at all possible stay home. a lot of people taking lessons from the last winter storm that came through here two weeks ago when people went to school, went to work and then heavy snow started falling down and then everyone tried to return home at the same time. many of them becoming stranded in their cars. this time officials gave a warning early telling people to stay at home if at all possible. and as you can see very few problems with the traffic on the downtown connecter and throughout roads here in the atlanta area. sean, back to you. and jonathan, thank you, we'll be checking back with him later in the hour. but first, another day of silence from the naacp that we've contacted now over a dozen times. now, we're asking for them to denounce the comments made by

their president, the reverend barber, calling tim scott a ventriloquist. and we invited them all on the show, asking for statement. and so far we've received nothing. in addition, where are america's civil rights leaders? because we've also called the reverend al sharpton and the reverend jesse jackson, they, too, have denied a request. joining me, richard fowler and in studio, congressional candidate, our friend, richard, let me start with you if i can. i want to hear you say that the naacp needs to demand an apology from the renverend for making this vicious, vile attack against tim scott. i think it is terrible, the black conservatives in america are routinely called these names

and i say the time is now. so will you ask the naacp to do the right thing? >> sean, the naacp can do whatever they want to do. they're a free organization. >> you don't want to ask them because you don't have the moral courage. >> it is not about moral courage or conviction here, i think what the reverend barber is saying it is not just that because you're an african american the agency supports you. they support -- tim scott -- >> he called him -- because he is a conservative. >> he is adamantly against the black and african community. >> excuse me, is it liberal colored people, democrat colored people, but not conservatives? so it is conservatives need not apply. so we have separate -- >> no, it is about -- it is about issues that affect african-american communities. the voters, against the voting rights act -- >> you have to vote a certain way or the naacp is not for the advancement of you because

you're a conservative black american, is that you? >> no, it is for the advancement of all black americans. >> not conservatives. niger, you get my point? >> oh, i certainly get your point, there was this case in norfolk, virginia, where an naacp leader came out and critiques the trayvon martin situation, and he was severely critiqued. and also a republican, out-front republican was critiqued. look, i believe in freedom of speech. we were just talking off air. we were just talking off air about three of our heroes, civil rights hero, sherner, cheney and goodman, involved in a core problem registering blacks to vote. they didn't register blacks to vote, to all vote democrat, they registered blacks to vote because they needed to register to vote. follow the political process. and be republican or democrat. >> here is the problem, i think this is a moment of truth for the naacp.

because they didn't support clarence thomas, we can go back. all of these names. colin powell, condoleeza rice, it is open season and you and your dad have been called that. how about this, either it is the naacp or ldcp or -- >> it is a great organization, and they should avoid becoming the n double a certain people, instead of colored people, certain people. let me say this, sean, i am a member of the naacp. >> so am i, i became a lifetime member when i lived in atlanta. >> and i'm a member, as well. and let me tell you we have to separate how the national arm of the naacp operates from local chapters like the las vegas naacp which has a comprehensive plan. they understand the problems in the black community are so profound that you need liberal solutions, conservative solutions. >> if they don't fix this and stop this open season attack on

conservatives, i can't be a part of this. >> it is only a matter of time until the wheel turns and it goes towards black liberals. it is wrong either way. >> well, listen i hear what you guys are saying and i am glad, niger, that you brought up voter registration, that is what the naacp has a huge vote on, all of these agencies limiting the blacks to the polls -- >> richard, we're not here to talk about voting, registration or anything. no, no, i want to read where the moral authority is within the naacp leadership that they are allowing black conservatives to be attacked routinely, then they are no longer for the advancement of black americans, they're only for the advancement of liberal or democratic or progressive black americans. >> where is the outrage, niger, when they're limiting african americans access to the voting polls. >> let me ask you something, i think you and i.

we don't agree on a lot of things, but we agree on this, black americans, latino americans, but all americans should have a right to exercise their political rights, tim scott is the last republican senator representing south carolina since reconstruction and the last republican black senator to represent in south carolina. they were both -- black americans -- >> and let me tell you, those that would condemn them for the way they think and the ideological direction they seek, should be ashamed. >> i have never condemned senator scott at all whatsoever. but i wish that folks like you, niger, would come out and stand up against governor corey, who keeps -- >> you keep changing the topic, will you condemn what this preacher in north carolina said, will you condemn it? >> he is giving the naacp a bad

name. i'll make a deal with you. >> will you condemn it. >> as soon as we can get black conservatives to condemn the voter restriction happening all across the country. >> there is no deal making here. do you condemn him calling -- listen, if you're talking about voter id, i think if you want to vote you need to have an id. if you want to get into the democratic national convention guess what? you need a photo id. >> beyond that, richard -- wait a second, sean, what is happening in the state of north carolina in 2012, where they had the highest voter turnout in is the history, they limited early voting access. they closed polls in african-american communities. >> there is no deal making, you either stand up here for what is right. >> i am standing up for what is right, that is wrong. >> for what barber said or not, it is a simple yes or no question. at the end of the day is what they said about him wrong. >> and the tim scott votes --

>> you want to talk about a voting record. i'm saying regardless, is what he said about senator tim scott wrong? as a leader in the naacp is it morally wrong? >> i'm not a leader of the naacp. >> good-bye, we're wasting -- you're running for office, by the way. >> i'm running for office, i have a nice present for you. >> a new workout -- i get to wear this? >> you get to wear it. >> i got large for you, all right. you're getting svelte, you lost a little weight. >> all right, now here is the deal, i totally support your canda candidacy, i don't want to if it is going to hurt you. >> no, you're loved in my precinct. >> and coming up, attorney general holder, why he wants to give felons the right to vote. plus tonight. if they want extra protection that would be

something else. they're just youusing that as a excuse. >> pretty despicable. we have it on tape. our great, great american panel next. [ sniffles, coughs ] shhhh! i have a cold with this annoying runny nose. [ sniffles ] i better take something. [ male announcer ] dayquil cold and flu doesn't treat all that. it doesn't? [ male anner ] alka-seltzer plus fights your worst cold symptoms plus has a fast-acting antihistamine. oh, what a relief it is!

pl♪ ♪as a fast-acting antihistamine. so you canet out of your element. so you can explore a new frontier and a dient discipline. get two times the points on travel and dining at restaurants from chase sapphire preferred. so you can be inspired by great food once again. i didn't think i could buy them their own, let alone for under $300. t this asus with windows is lightweight and has everything they need -- not like chromebooks that can't install office or have to be connected to the internet to get much done.

with this they can do homework, chat, play games -- on their own laptop, antheir own time. so no more fighting... at least not over my laptop. ♪ honestly, i wanna see you be brave ♪

. all right, welcome back to "hannity," during a speech at georgetown university, attorney general eric holder pushed for voter rights to ex-felons, watch this. >> these laws increase the likelihood that they will commit future crimes. and so today i call upon state

leaders and other elected officials across this country to pass clear and consistent reforms to restore the voting rights for all who have served their terms in prison or jail, completed their parole or probation and paid their fines. >> all right, here with more reaction to this, the great, great american panel. >> sean, hannity, how the hell are you. >> and senior fox correspondent, geraldo rivera. >> no abla -- >> wait a minute, so stigma, formerly incarcerated. pedophiles, murderers, rapists, we're going to give them their rights back? >> you do the crime, you do the time, your rights are restored. it should not be used to disenfranchise people. so many people in jail for marijuana charges, i look back and say what was this barbaric sentencing about --

>> in most states, unless they're selling a large quantity of them, that makes it illegal. >> do we really want to permanently disenfranchise those people? >> yeah, if you're a convicted rapist and murderer, yeah, i do. >> this guy is the wrong guy to be advocating for it. he has been behind -- on the side of criminals starting with mark rich before that puerto rico terrorist, this guy is not the person to stand up and say hey, let them vote. the child rapists. >> and to be fair, rand paul is pushing for this. but at the state level which is the way eric holder should present this because the voting laws are made at the state level, but the difference is rand paul is specifically pushing for non-violent. but obviously, he is overdoing his jurisdiction. sean, he should be blanketing

this across the country. >> and we're in an election season, i am really tired and fed up with conservatives like myself. we're being called racists, war on women, we want dirty air and water, latest example, new york democrat saying that republicans are pushing food stamp cuts because they want people to starve. no, we don't. watch this. >> well, i voted against the farm bill because -- essentially because it contains $8 billion, $8 and a half billion of cuts to the food stamp program. look, any program, human beings will have to find a way -- we have plenty of protections to minimize the fraud. if the republicans wanted to say let's put in the extra protection or that extra protection, that would be something else. they just want people to starve, and that is disgusting. >> geraldo, we have been friends for a long time. do you know any conservatives that want somebody to starve?

and do you really know conservatives that are racist and want to engage with the war on women -- >> don't keep broaden iing the universe. do i believe conservatives want poor people to starve? no, i don't, and i deplore that kind of hyperbole that he used. he really is not the flame-thrower to the extent -- he has a history. >> he has a history. >> i believe that the food stamp program, however, is one of the least fraud-riddled entitlement programs out there. >> there was a report out of maine that they're using the ebp cards in orlando at disney. >> you can always -- i don't know about that. you can always find examples of fraud. and i don't deny there are examples of fraud here or there. but you also cannot deny that in these tough times you have to be compassionate. >> do you see a reduction in the

rate of increase? >> a compassionate conservative, george w. bush. >> the problem is in washington if you reduce the increase from 10% to 7% you are starving children. >> as a cut. >> as a cut. >> but don't they use the same rhetoric with gis, and their benefits if you cut the cost of living increase from 10 to 7, then you're are cutting benefits for our veterans, nation's heroes. >> it is a cut in the rate of increase as sean pointed out. listen, the rate of increase and the use of food stamps went up in the bush administration and the obama administration. that is true. but to demonize republicans for looking for waste and fraud, you know, this guy had his stomach stapled, maybe he should have his mouth stapled. >> this guy referenced we shouldn't do that now that we're in this recession, he used those words, what is the recession we're in when the administration keeps touting the recovery we're in. we're not addressing the real

problem, geraldo. >> do they agree with the fact that we pay farmers subsidies not to grow stuff? please, this bill is a welfare bill for wealthy farmers. >> hey, geraldo, listen to me, i'm a conservative, you know what i want to do? i want to get rid of all the waste, fraud and abuse and then cut one penny out of every dollar and then no increase in spending, you want to support me so we'll stop robbing our kids? >> i don't generally disagree with you, sean, i think we have to monitor how the money is spent. but i think we have to be honest that there is corporate welfare that is just as expensive. >> as long as we're consistent, we're all in this together. >> when we come back on the great american panel they will react to what was really an uncomfortable moment on television. and i think we'll all have the same reaction to this. >> you are guilty. >> i am guilty -- >> all right, samuel l. jackson,

literally schools a reporter and wouldn't take his foot off his neck because he made the mistake of referring to him as lawrence fishburne, plus, rand paul, all coming up on "hannity" as we continue. king plenty of water, but still not getting relief? try dulcolax laxative tablets. dulcolax is comfort-coated for gentle, over-night relief. dulcolax. predictable over-night relief you can count on. 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 and pay no taxes for ten years... we're new york. if there's something that creates more jobs, and ows more businesses... we're open to it. start a tax-free business at startup-ny.com. 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. good news. i got a new title. and a raise? management couldn't make that happen. [ male announcer ] introducing fedex one rate. simple, flat rate shipping with the reliability of fedex.

zy or cool "meow" or "wf"?

exactly the way you want it ... until boom! your mattress a battleground of thwarted desire. enter the sleep number bed. an innovative design that lets couples sleep together in individualized comfort. he's the softy: his sleep number setting is 35. you're the rock, at 60. as your needs change, you can adjust your sleep number bed, so you can sleep better together. e ultimate sleep numr event is on now only at a sleep number store. with queen mattresses as low as $599.99 know better sleewith sleep number. welcome back to "hannity," a los angeles entertainment reporter found himself in pretty hot water after making samuel l.

jackson, well, mistaking him for lawrence fishburne in a live interview. take a look while jackson schooled this reporter,. >> did you get a lot of reaction on the super bowl commercial? >> what super bowl commercial? snow oh, y . >> oh, you know what? my mistake. >> see, you're as crazy as the people on twitter, i'm not lawrence fishburne, we don't all look alike. >> you are right, i am guilty. i apologize. >> i'm the other guy. i'm the other guy. the other one. what is in your wallet? >> that is exactly right. there is more than one black guy doing a commercial. >> and then he goes on to talk about his commercial, fishburne's commercial. he wouldn't let it go. >> and if you watch the whole

thing it gets even worse because there is then a female reporter at the end who says she will spank him for samuel jackson, hey, listen, this is hollywood, you have to know who they are, they don't care who you are. >> honestly, he showed himself to be tough there. he would not give up. >> but you're avoiding the real issue, the real issue is do people tend to look alike? i mean, i confuse you and o'reilly all the time. >> all of you irish guys look alike. >> they used to think i was tony orlando. >> oh, stop it. you're the only guy in the world who has one name. >> i thought samuel jackson was great in "training day," and he proved himself to be a spoiled, whiney old biatch. sean hannity looks like george

clooney, it happens, don cheadles does not look like jay-z, in this case, the guy made a mistake. >> there was a point i felt bad. he kept apologizing, then he came back 40 minutes later and apologized again. >> when you stick your neck out on live tv and you're not prepared to follow up. then you are really -- you really deserve. >> that kid was pretty funny. >> i was thinking about the movies, he was not in any of them. we got the -- >> shawshank, i was just telling a joke, i thought you picked up on it. >> do you look like the most interesting man in the world? >> yes, you do. this is creepy. this model stephanie seymour is in a campaign ad with her sons for the march issue. those right there are her boys -- you know, if she gets dressed for a little -- maybe it is an s

& m shoot. look at where his hand is, her breast is exposed. this is creepy to me. >> i am not one to tell somebody how to raise their children. but these kids are 20 years old and 17 years old. she tells the story about how when they were little kids they would lay out her clothes for her. she is trying to show how she has this fashion family. right? i think it is disgusting and i could not look at the pictures. i think it is just vulgar, and hole, an oedipus conflict there. >> i know her husband, peter, the children, peter jr. who is in the shot. he is out, he is gay, in fashion. that makes it a little more logical. >> no, but they're -- >> that is your mother -- >> the fashion statement. i asked my wife about it. she said at first she looked at it and had sandra's reaction,

and looked again, and knowing stephanie and big peter as we do -- >> it is not really a mom i would like to friend. she is a testimonial to older, beautiful women that is for sure. however, just picture if it was a guy with his daughters how grossed out everybody would be, and should creep you out. geraldo, i thought i knew you. >> but that is just like when you talk about sex in public school when it is a woman teacher, you have one attitude and a man teacher another attitude. i think those are a false distinction. >> woody allen is getting creamed, as he should. >> who was it, tom ford? a big fashion guy? >> she was wearing tom ford. >> you look at the boots and tying her boots, oh.

>> not to mention he had been caught doing public affection. >> no, say it. >> well, there have been photographs of her and one of her sons kissing. >> simulating kissing. >> they are just trying to tweak you and get hannity to talk about it. >> so you're talking about incest? >> it is a little creepy. all right, guys, good to see you. >> she is hot, though. >> bernie. >> you had to add that, didn't you? coming up, the always outspoken ann coulter is here, and later, senator rand paul is telling us why he is now suing the president. historic lawsuit against obama. first, stop what you're doing right now, set your dvr, record "hannity," the series, so you never miss an episode. we'll continue. ♪ [ alarm sound for malfunctioning printer ] [ le announcer ] you've reached the age where you've learned a thing or two.

[ metal cnks ] ♪ this is the age of knowing what you're made of. so why let erectile dysfunction get in your way? [ gears whirri ] talko your doctor abt viagra. 20 million men already have. ask your doctor if your hea is healthy enough for sex. dnot take viagra if you take nitrates for chest pain; it may cause an unsafe drop in blood pressure. side effectinclude headache, flushing, upset stomach, and abnormal vision. to avoid long-term injury, seek immediate medil help for an erection lasting more than four hours. stop taking viagra and call your doctor right away if you experience sudden decrease or loss in vision or hearing. [ cellphone beeps ] this is the age of taking action. viagra. talk to your doctor.

chalky... not chalky. temporary... 24 hour. lots of tablets... one pill. you decide. prevent acid with prevacid 24hr. [ female announce] corgirl janelle monae. blend of punk and funk. her trublend? deep 6. it blends seamlessly for a flawlessude look. even up close. [ female announcer ] find your trublend. covergirl makes it easy, breezy, beautiful.

they don't know it yet, but they're gonna fall in love, get married, have a couple of kids, [ children lauing ] move to the country, and live a long, happy life together where th almost never fight about money. [ dog barks ] because right after they get married, they'll find some financial folks who will talk to them about preparing early for retirement and be able to focus on other things, like each other, which isn't rocket science. it's just common sense. from td ameritrade.

ron fornier, national journal, wrote something today -- >> this is after he expressed himself last month on the panel. >> so the headline is why i'm getting tired of defending obamacare, and i say a men, the people who supported this health care law are constantly put in the position of defending themselves, that is why he has to do this because it is not working. >> that was fox's own kirsten powers, who is not alone in her assessment. >> dear ms. kelly, your family plan is no longer available under the affordable care act. dear ms. davis, we can no longer

offer you the same policy. your doctor is no longer in the network due to the affordable care act. >> due to the affordable care act your monthly premium has increased. it is no longer covered due to the affordable care act. >> send senator landrieu a message. >> ann coulter is back, ann, how are you? >> fine, thank you. >> all right, so kirsten powers, ron fornier, by the way, welcome, finally they see what we see, if they see it, they're liberals and they support it, do you think there is any way this law does not survive? >> oh, yeah. >> explain. >> i mean, you're nicer to liberals than i am. all they're doing is admitting the obvious. what are they supposed to say in the web rollout went

fantastically well? sn no, the idea that obamacare has fallen on its own has to be strenuously false. that doesn't mean we haven't done anything about public education or the government's take overof the -- takeover of the train system, the train systems used to be run by private companies. this will say unless people vote for republicans that is the only way to repeal this. and republicans better pay take place to that and stop primarying our own guys. we have got to pick up every possible seat this time. and that is the only way to get through, otherwise the health care -- is getting more and more expensive. >> they don't have the white house. so if they're not going to get a filibuster-proof majority in the senate, a super majority, so they're not going to have that.

they admit failure, the president has unilaterally changed it 27 times, it is on life support, how do you get rid of it if? >> i think it is worth mentioning if we haven't had novelty candidates like christine o'donnell, because of wasted candidates in the last two election cycles with republicans constantly giving up toss-up seats as i described in my latest book "never trust a liberal over three." i give three instances that republicans gave up through stupidity, and incompetent, and greed, making money for yourself. if you love your country this has to be stopped. the republicans have to stop this primarying of our own guys, the republicans have to understand, unless you want health care wrecked you have to vote republicans because this has to be repealed.

and i would also add it will not be repealed as you say -- we're never going to have the presidency if marco rubio's immigration bill goes through. >> he changed his whole position on the bill. he said it was a mistake. >> well, too bad, it has already passed. >> well, it is not going anywhere in the house. you have been following wendy davis, the new rock star of the democratic party and they love her down in texas, we're told. dallas morning news has a new piece which says she would have supported a ban on abortion after 20 weeks if the law adequately deferred to her and her doctor. you have been following the flip-flopping with her, is that the same position she had? >> i don't even know what that means. defer to the woman and her doctor after 20 weeks, that is just a loophole you can drive a truck through. but it reminds me, it is such an

appa appalling thing, that she is popular. it is not so popular in texas, the news rooms across america and in the oval office, i might add. one thing i mentioned about wendy davis, all of these glorious pieces and making up for how she lied about being a single mother in a trailer park to harvard law school. i think some concerns may be making some errors here. nobody is complaining about what kind of mother she was. we don't care what kind of mother she is. she lied about having their enormous hardship and going from hardship, a single mother, easyieasy i -- raising my kids, going to harvard law school.

when in fact we know she got a sugar daddy who helps, and a father, she has a very low hardship that she was lying about. it is like a politician claiming he won a bronze star in vietnam, and then we found out he didn't. she was lying about the level of difficulty of getting from where she was to harvard law school. it is a lot easier when you have somebody paying for your law school tuition and raising your kids. >> claire mccaskill says if she were campaigning she would not campaign with obama, how effective would the campaigning be, and do you think senators, and if you like your plan you can keep your plan how effective do you think it will be? >> i think it is the most important issue and can't see anything changing that. obviously, the obama-friendly media will try to change the

subject to anything else. but it is going to be hard with people who are getting their premium notices in the mail. and oh, great, now they put it off, the requirement for the smaller employees. unconstitutionally i might add. but there is now a caveat to the constitution. you can't impeach a president if he is our first black president. but this idea that obama can just switch the implementation of the law in order to avoid the mid-term election, i still think enough people are being hurt. you know, i have talked about on fox news and twitter a friend of mine whose sister was thrown off her insurance plan because of obama care, she got a fever and put off going to the hospital because the new obamacare had not kicked in. and she died of septic shock. her funeral is today. how many do you think will be voting for the obamacare. >> every day, every month, they're losing their plans and paying more, exact opposite of

what was promised. ann, good to see you, thank you for joining us. good to see you, sean. coming up right here next on "hannity." on behalf of myself, freedom works and everyone in america who has a phone we are filing suit against the president of the united states in defense of the fourth amendment. >> rand paul, versus barack obama is now in the courts. my exclusive interview with senator rand paul when we come back. so you're telling me your mom has a mom cave? hi boys! i've made you campbell's chunky new england clam chowder. wow! this is incredible! i know. and now it has more clams! [ male announcer ] campbell's chunky soup. what? [ male announcer ] it fills you up right. [ male announcer ] to truck guys, the truck is everything. and when you put them in charge of making an unbeable truck, good things happen.

this is the ram 1500. the 2014 motor trend truck of the year. ♪ and first ever back-to-back champion. guts. glory. ram. -hit the beach in florida. -and a reunion in seattle. we can afford to take more trips this year. >> test >> test >> test >> test >> test >> test ♪ h-o-t-w-i-r-e ♪ hotwire.com with an ultra-thin coating and fast absorbing advil ion core™ technology, it stops pain before it gets worse. nothingorks faster. new fast acting advil.

look for it in the white box. of fast is good and faster is better. good thing walgreens gets you in and out in no time. so you get the relief you need with new fast acting advil. at the corner of happy and healthy.

welcome back to "hannity," after months of threatening legal action against the obama

administration, kentucky senator rand paul along with freedom works has filed a class action lawsuit over the nsa's spying law. and the group named james clapper and fbi director james comey. calling it one of the largest class actions, the senator claims it violates the fourth amendment which prevents reasonable search and seizure, senator, great to see you. >> thank you, sean, thanks for having me. >> the legal action is officially titled rand paul versus barack obama. you kind of hit the ground running with over 300,000 plaintiff plaintiffs and expect millions of americans will join this? >> well, the interesting thing about this is the class could include anybody who has a cell phone or anybody who has a land line. so it is really virtually everyone in the united states. and i think that illustrates the

problem, is that a single warrant should not apply to so many people. the fourth amendment said that if you want a watrrant to look t someone's records to invade their privacy, you have to name the person, the place autund th items. you can't just say oh, we'll search everybody's home in kentucky, that was to protect our privacy. so we really think the nsa program has gone way overboard. and we want a decision in an open court, in the supreme court where there is open debate. we believe that is the only thing interesting within the constitution and republic. >> i would support data mining of terrorist suspects. the law specifically prohibits the spying against americans. i have talked to the author of the bill numerous times. this is not what it was designed for, intended for, explicitly says you can't do it, does it?

>> when the president talked about it recently, this was like the history of paul revere warning us, but paul revere was not saying the americans were coming. he was saying the british were coming. it was a foreign invasion, so i think he has it wrong. and really if he thinks he can look at all of our records without probable cause or suspicion, see that is what warrants are based on, you go to a judge, or a person goes to the judge and says we think this person robbed the store or is a murderer or terrorist. and they present evidence because this stops them from going into anybody's home. this a huge constitutional issue. and so far it has only been decided in secret. we have these national security courts. this is a question of the constitution and it needs to lift the veil of secrecy and debated in public.

>> one thing we share a concern on, they're literally data mining, everybody with a phone is potentially tapped by the government. and it doesn't seem like a smart thing to do. you're not going to look at the you're going to search grand machlt seems like with limb yitd resources it's better, more cost efficient to target the people we're looking at. >> think about it. with this data mining we're supposedly doing on every american, the brothers who were the boston bombers one had a web site talking about terrorist bombing and communicating with muslim extremists yet we didn't have an idea he knew back to chechnya. i think sometimes because we've misdirected millions and billions of dollars of resources to looking at americans instead

of targeting our spying on potential terrorists.. >> i think you have a strong case here, there are a lot of things happening the term i would use is lawlessness the president delayed implementation of the employer mandate. last year, the president pushed it back for a year. administration waived work requirements for welfare program. when the dream act failed to pass congress, the president told federal agents to stop enforcing immigration law and there are many other instances, don't we have checks and balances? separation of powers? because that seems to be lawless to me and he is usurping the congressional branch or congress itself. >> the constitution set it up legislation came from congress. now, we have the president amending legislation

yes, i think it's illegal, un-constitutional. our founding fathers looked to a philosopher on the separation of powers and that it would be tyranny. >> why isn't congress holding him accountable? terry jeffreys brings up that today. why are republicans not checking in this usurping of legislative power? >> the question is why aren't the democrats standing up for the constitution? this shouldn't be a partisan issue. there should be democrat heros who will stand up and say i know he's a democrat president but i know reading doesn't allow him to amend or create legislation and therefore, though i support him, i will stand up

we need that. otherwise democrats just keep running rough shot over us >> thank you, senator. rand paul versus barack obama making its way through the courts. thanks for joining us. >> thank you >> coming up we're going to check back in with jonathan surrey tonight this powerful winter storm continues to affect many parts of the country and friday night in honor of president's day we'll be airing a bush family album hosted by our colleague, brit hume, bringing a personal scrap book of the 41 president all to life. it's coming up, friday, ten eastern. only gaviscon® forms a protective barrier that helps block stomach acid from splashing up- relieving the pain quickly. try fast, long lasting gaviscon®.

♪ aflac, aflac, afc! ♪ [ both sigh ] ♪ ugh! ♪ you told me he was good, dude. yeah he stinks at golf. but he was great at getting my claim paid fast. how fast? mine got paid in 4 days. wow. that's awesome. is that legal? big fat no. [ male announcer ] find out how fast aflac can pay you at aflac.com.

zy or cool "meow" or "wf"? exactly the way you want it ... until boom! your mattress a battleground of thwarted desire. enter the sleep number bed. an innovative design that lets couples sleep together in individualized comfort. he's the softy: his sleep number setting is 35. you're the rock, at 60. as your needs change, you can adjust your sleep number bed, so you can sleep better together. e ultimate sleep numr event is on now only at a sleep number store. with queen mattresses as low as $599.99 know better sleewith sleep number.

this is a fox news alert. that massive winter storm we've been following all night is making its way across the u.s. we checked back in with jonathan

surrey. i've never seen the highway in atlanta like that my entire life. >> yes. it's amazing but because of the warnings people stayed home. so downtown connector here remains clear other than a snow plow but in raleigh durham area, a different story. folks there had gone to work, though school let out early. people still trying to get home when the brunt of the storm came. and a lot of people wound up stranded on the highway. some of the pictures and video we've seen out of that region, reminiscent of what happened here during that last snow storm two weeks ago. lessons learned from that storm here in atlanta. officials deciding to err on the side of caution. with this storm it appears to have paid off. >> two weeks ago i had friends stuck in their car and the national guard delivering mres

so they can eat for 18, 20 hours in cases so there was a different response here. what will commuters expect in the morning? >> most commuters are still going to stay home, officials telling people to hunker down in their homes. forecasters are saying there may be as much as an inch of snow on the ground. there is still precipitation. we saw sleet on and off during the day. now, looks like it's trying to turn into snow. some school systems wait until the last minute and won't give official word until morning. but i'm sure it's a safe bet all school systems will be cancelling classes and most have made announcement this evening, sean. >> jonathan, tho that nose is getting redder. thank you for staying up late for us. >> my pleasure. >> this is headed to where we are in new york. so, thank you. and that is all the time we have left this evening. before we go,

stop what you're doing. set your dvr so you never miss an episode. "hannity" the series. and start your day with fox and friends first from 59 to 9:00. thanks for joining us we'll see you back here tomorrow. the o'reilly factor is on. tonight: think about nazi germany, most of those people did not believe in what hitler was doing. but did they speak up? >> conservative ben carson getting hammered for that remark. he will be here to explain it. >> does hillary clinton sound to you like the right person for this moment? >> some on the far left do not want hillary clinton to run for president. we will analyze that ♪ don't you want me baby ♪ don't you. >> and yet another gay controversy at the olympics in russia. this time the luge is involved. >> there was never a thoug