worried about johns on fbn and only on fbn. if you are not getting -- >> demand it. >> where the stars freely challenge each other. see if you see it on of the network. network. you have don't. captioned by closed captioning services, inc can welcome to the "glenn beck program." i'm judge andrew napolitano in for glenn tonight. he will be back tomorrow. we have a lot to cover today. the president is barnstorming the country while the economy is in shambles. will the president learn what we know? that the best government is one that governments least? and the constitution was written to keep government off the people's backs? let's go. ♪ ♪ hello, america. i often argue the reason we have the rise of the tea party this election season is

two-fold. first, republicans under president george w. bush proved themselves utterly unworthy of governing within the con fines of the constitution. they fought two illegal wars, created enormous deficit, gave hundreds of billions of your money to rich bankers, federalized education. and senior prescription drugs. spied on us without warrants and arrested people without putting them on trial. the second and more controversial reason is the sad similarity in the two major political parties today. to demonstrate that similarity, i have argued here at fox and in my speeches around the country we don't have a two-party system any longer. we have one party, the big government party. a republican wing that likes deficits, corporate welfare, assault on civil liberty and war. a democratic wing that likes taxes, assault on commercial

liberty and war. both wings think the government can right my wrong, regulate any behavior and tax any event. now comes the tea party and on paper it stands for basic jeff sewnian principles d jeffersonian principles that the government can regulate in 16 areas of the behaviar that the constitution gives it and freedom comes from the humanity, not from the government. the states that have given power to the feds can take it back. that we are entitled to sound money and only the gold standard can produce that. that we should only fight defensive wars. it sounds straightforward but do they mean it? or will the strongest tea party candidates once elected join the ranks of big government? i believe the tea party candidates will win next month

and go intending to change freedom. but once there, will they change washington or will it change them? with me is the right person to talk about this. congresswoman michele bachmann. a good friend of mine and chair of the house tea party caucus. congresswoman bachmann, i know you are in the midst of a campaign and kind enough to join us. thank you for coming on the "glenn beck program." let me get down to it. do people change when they get to washington? if the essence of the congressional task one of compromise with one's ideological opponents? if so, how could anybody stick to their principles? >> judge, i have watched people come to public office and watch them melt like glass under pressure of special interest groups and the lobbyists. a person needs to know who they are and what they believe before they go to washington, d.c. they need to know they are somebody before they ever get to washington, d.c. or have a

title in front of their name. if a title is what makes them important, then people will do anything to hold that title. we are seeing candidates run in the election cycle who know who they are and what they believe and won't be susceptible to melting. to that in as part of tea party caucus i'll start classes on weekly basis for the new members of congress on the constitution. i am asking experts to come in and teach the constitutional principles. judge, i will ask you right now on national tv if you will come in and be one of the experts to lead the members of congress on the principles? i'm serious. we have to make sure we know what they are swearing to uphold. >> i thank you for the offer and i thank you for it. do you agree about the reason for the rise of the tea party?

the republicans last ran the show like they were liberal democrats and republicans in name only? >> no question that the republicans made huge spending mistakes, crossing constitutional boundaries. they have literally been slapped upside the head by the voters in the last two elections. rightly so, now they are listening. unlike the democrat party. they are prepared to lead. we can't trust republicans are going to do the right thing. >> you will have the republicans like you, like rand paul and sharron angle and also like mike castle. maybe a bad example because he lost his primary. >> he won't be back. mike castle won't be back. >> but you will have republicans like that. centrist republicans. scott brown from massachusetts trying to dilute the tea party message. will they succeed? >> i think there will always

be an attempt by the ruling class to make sure they have the upper hand. this is a different election. this captures the spirit of 1776. i don't think the american people will stand for a moment for their members of congress going into the usual default position of washington, d.c. and the ruling class. you will see a different insurgency in january of 2011. >> they want to -- not want to spend more than they take in. but what about civil liberties, should the government hack in your e-mail without a search warrant from a judge? >> that is a serious issue and one they "america's most wanted" to see going forward. >> but it happens under the

patriot act. >> it was a bundle of measures put together in response to terror attack on 9/11. the federal government needs the appropriate authority to deal with the issue of terror. on the other hand, it can't be at the expanse of the civil liberties. that is what the bill of rights is about. from the huge bureaucratic large government. we have to get the balance and the tension right between the individual liberties and the government prerogative and duty to keep the american people. >> you know if i teach that class i'll argue it's not a balance, a bias. in favor of human freedom. >> we'd love it if you would do that. come and teach. >> thank you. we appreciate your time. >> thank you. >> now the big story on your mind. your money. up to 40 state attorneys general expected to announce an investigation into the mortgage services industry.

this comes as they're accused of submitting fraudulent documents across the country. now some on capitol hill are calling for a moratorium on all foreclosures until the documentation issue is resolved. will it help? john, real clear market. nancy skinner. and charlie gasporino from being the greatest business reporter in the world is my friend and my colleague on the fox business network and he is the author of, see it there, "bought and paid for" the unholy alliance between barack obama and wall street. nancy, to you first. even democrats in congress wanted a national moratorium on the mortgage foreclosure. a law that congress would enact to tell the state court

thou shall not hear the cases until we tell them to. do you go along with that? >> i do. as banks -- and we have evidence now, but if they are foreclosing fraudulently on my neighbor, then the value of my home goes down. we have a downward spiral in the housing market. we have knowledge of them signing 8,000 foreclosures without looking at the documents. >> but what about the -- >> it's criminal. >> nancy, nancy. these are state cases and congress ruled they can't tell state how to operate. isn't this is a political ploy the democrats want people to think they're doing something for them they know or ought to know is unconstitutional?

>> if the federal government is trying to revive the economy and the banks are taking criminal action to hurt the economy, it's the duty of the government to go after the bank and stop the activity. >> john, what happens to the economy if all foreclosures are stopped? even the good ones where we know who owned paper and we have the proper documentation? >> that means housing can't reach the national level. that is semi. we need the market signal to tell them to stop putting money in housing and put it in public assets. this should not surprise us what is happening in congress. when the banks were bailed out they were bought and paid for by washington. washington is coming back to get what it wants. you take government money and you work for masters that don't care about the profit. with the election coming up is there surprise that congress

is saying stop foreclosures? this is a crucial time for us. >> on the front cover of the book "bought and paid for: the unholy alliance between barack obama and wall street" you have pictures of the president in front of the white house with pigs. who are the pigs? >> head of the banks. this is a b.s. scandal. people are not thrown out their home for any other reason than a guy didn't dot an "i" or cross a "t." people can't afford homes, that's why they're foreclosing on them. john said and that's right, the point of bought and paid for. there is unholy alliance. every now and then you will be part of political ploy. >> tell me if this is right. it base it on historical examine. if people know they won't be foreclosed on their homes they stop paying mortgages. what happens to the bank that require and expect the

billions of dollars to come in every? on the>> bank wants to foreclosure on the home to sell it to people to afford them. >> you are preventing a price discovery that needs to be done to know where the housing should be priced at. the bigger picture is how they are in bed together. we have been breaking stories all day on this today that tomorrow they will announce a big-time investigation and other firms join the moratorium but they are in bed together and they know it's price of doing government. >> hang on. does wall street like the president the way charlie claims they do? >> they like the president because he stabilize the economy. >> and helped them make millions in bonuses. billions of bonuses a minute after the financial collapse.

>> here is the problem. the problem with that is we bailed out the banks because they told us the economy was going to melt down. 50% of the revenue of banks going out -- >> why did obama -- here is the question i ask you. why did the president keep the bail-out mechanisms in place for two years? every time he calls them a fat cat, it's shame on him, as the book points out, because he made them fat. >> nancy? >> you don't put this money out there. tarp was bush initiated project. >> how about everything else? >> both parries to blame. $2 trillion has been spent since the beginning of tarp. $750 under bush and remainder under president obama. neither party understands how the economy works. unemployment is just as bad now as it was before they started to spend the $2 trillion. >> but the theory -- let me finish. if you are paying 50% of the bank revenue out in

computation, $100 million bonuses, tax deductible and not lending it to the -- >> hang on. >> that's a problem. >> john, the wall street bonuses were enormous. it's projected that wall street will earn profit in 2010 of $450 billion. do the folks that got the enormous bonuses deserve them? if they do, what does it tell us about the economy? i think wall street should pay as much as they can. i'm for profit. but this is the problem being in bed with government. if you take the bail-out money you get good with the bad and washington that reacts negatively to the guys doing well. we claim profits but in this scenario what if they didn't pay them the proper way? they would leave the banks. we want more -- >> john, here is the problem. not just tarp.

there are guarantees and benefits that the administration heaved on wall street. they're not making money the good old fashioned capitalism way. this is crony capitalism. you will see if you read the book how many ways they made money out of the administration. obamaomics, winners and losers. losers were wall street, -- losers were main street. winners were wall street. >> does the federal government have any business telling wall street the salary and bonuses it can pay to executives when it makes a profit? who knows more about salary, the federal government or those producing wealth? >> because they're tack deductible and if they are going to get away by a tax liability to give the money to employees and not paying the fair share, the middle class and the working people have to make up that money to provide the services. general welfare of the constitution.

it's tax deductible and it should be limited in some respects. >> switching gears. today, the federal government announced notwithstanding decision by judge feldman of the united states drikdz court in new orleans, which told them that they could not impose moratorium. today they agreed to lift the moratorium. will drilling resume or have they gone somewhere else by now? >> i imagine that they've gone somewhere else. we had a government to that tried to put b.p. out of business. if you make a mistake you could be in trouble. go somewhere else. >> true libertarians believe that the earth underneath the water should be privately owned. insurance carrier made sure it

was done right. >> the environmental law prevents you from drilling. >> where is the patrol government deed? where is deed it has to prove it owns the earth underneath the water it likes to make row manage? >> the reason they might not want to drill in the united states is we have 3% of the oil reserve and we don't have the oil. the idea that the moratorium could make sure that another lib bertarian -- libertarian concept. >> we could argue this all day. it's always a pleasure. thank you very much. next, glenn on the 40 day, 40 night challenge. don't miss tomorrow glenn will be live from los angeles. we'll be right back.  

glenn recently hosted a show with an audience that took the 40-day and 40-night challenge. they had so much to show we

kept the cameras going after the show. but they turned the tables on glenn. take a look. >> you being in the spotlight now and having so much popularity, what do you do on a daily basis to keep yourself humble and keep yourself in reverence to god so that -- >> i pray on my knees. >> it's not transferred to you. >> i have been on my knees three times today. believe me i pray for gentle reminders of humility. never ask him to humble you, because he will give it to you with anvils from the sky. i ask him for that. the lord is reminding me every day. that's a question i asked members of my staff two hours ago. i said am i becoming arrogant? i do my best to keep myself in

check. please pray for that. phyllis? >> defining moments in everyone's life. for me, kennedy was shot. then 9/11, which i survived. i feel like that is a guardian angel surrounding me all the time. i have been so blessed. when i'm going through the most difficult times in my life, i say the serenity prayer and i know everything will be okay. it is. >> it will. it will. thank you. gene? >> have you -- [ inaudible ] with what is going on in the country? >> je, jean, i war game for a living in many ways. i have some of the best war gamers in the world. i have worked with war gamers who war game for the pentagon. i think we have done a good job at looking at many of the possibilities. it doesn't mean they happen.

we don't talk about them on the air necessarily. there is a million things that could happen. as i sat down with war gamers the things that i've learned the most is there are a million ways for this to go awrey. very few ways to pull it back from the brink. that is one of the reasons why the 40-day and 40-night challenge came. only god, only this country turning back to god shs because he is not disinterested. freedom is his. he may not care about what we've done, he needs freedom on earth to fulfill his purposes. if we are not the people, he will wipe us out. he won't but he will allow to us wipe ourselves out and find a new group of people.

his purposes won't be forwarded. the we turn to him, we'll be good. yes? >> hi, how about a show about stay-at-home moms who came out for the cause really strong? homeschooling moms. i know plenty. i'm one. homeschooling mom, comfortably and quietly educating my children for 17 years. >> good for you. we may do a show on homeschool. my wife homeschools and she just started. i have seen the courage it takes from my wife. she is a humble woman. really smart. she has grown up with a society that says no, no, no. you need a teacher to do that. she is terrified she will do

the wrong thing. she had a tough time. psychologically it's tough to con prince yourself you can do it. >> up with of our greatest treasures is the seniors enjoying life and doing the fun things and they could be doing so many things. is there any program done to activate them? s>> there is not a program but i'm going to start one, not an official program but a challenge. our greatest resource are people who retired. moms may be so busy trying to keep both incomes going, they can't educate the children. but grandma can and so can grandpa. we must get them involved. you went out and you earned money and did it all. you did the right thing. you fought in vietnam. these losers didn't. here they are again coming to the plate. it's the last chance for that

generation to redeem itself. or redeem them. so to speak. honestly the families are so strapped they don't -- many can't teach their children because they can't stay at home. i would have killed to have my grandparents teach me school. the best memory of my life are with my grand parents. thank you. >> ahead on the program, the roots of the 40-day, 40-night challenge. we'll be right back. ñ÷

a fox news alert. i'm patti ann browne. they have been stuck under ground for ten weeks but in hours some of the trapped miners in chile could be on their way to freedom. the rescue attempt will begin 90 minutes from now. fox will have extensive coverage. today, the become bam administration looks at -- obama administration looks at the moratorium it imposed after the b.p. spill six months ago. they claim new rules made it safer to drill. tropical storm paula is 140 miles south of cozumel, mexico and it could hear near cancun. glenn beck show returns in a mow but first shannon bream previews "special report." >> coming up, the latest

develop in the the war over the chamber of commerce over a political ad. and judge calls enforcement of don't ask, don't tell. "special report" at 6:00 eastern. but now, back to glenn beck. ♪ ♪ just three weeks from the important mid-term elections and the democrats could lose their hold on congress. the "new york times" writes today, "for dems, even safe seats are e saying he doesn't believe in standing if front of an "avalanche." is this shaping up for another 1994? pat cavel, democratic pollster who once worked for president jimmy carter. juan williams senior correspondent for national public radio. we com here. pat, you first. what do the polls tell you

three weeks out? is it doomsday for the democrats? >> it will be ugly for the democrats like an arctic shower. this is a revolt against both parties. republicans benefit because as i said since 2009, they are a big red default button. if you want to put the american people's attitude on bumper sticker right now it's stop the machine in 2010 and get rid of them in 2012. the democrats are looking at huge losses. everything they are doing now seems to be adding to it rather than detracting. >> juan, do you agree with what pat said? the reason we have a tea party today is the republicans proved horribly inept at sticking to reagan and goldwater principles when last they ran the government? >> yeah.

also the ethics scandal and big spending that the public perpetrated in their time. if you look at the numbers now, republicans are less popular than democrats in congress. pat's point is well taken. the democrats in the majority will bear the brunt of the voter anger at the incumbent than the system as it stands. don't mistake that to think people love republicans. >> were you surprised when george soros said to the democrats you're on your own? in the supreme court opinion in a sophisticated and lawful way they dumped tens of million to the democratic campaign this year. >> this is an interesting point. soros is a brand name for democratic doe no, sir. you hear him say he expects an avalanche. forget the polls. look at the money man. he says i don't think it will

work for the democrat. >> the man who is making the money decisions and he is saying i'm not going to put my money in. he has already done this. one thing we talk about the latest move by the president on the attacks on the chamber. >> we'll go to it right now. pat to to you first. is there any evidence -- "associated press" says no and "new york times" says no, that the republicans are receiving money, karl rove or another group from foreign government and foreign corporations? s>> i am really upset. i was the youngest person on richard nixon's enemy list and i don't like it when the government goes after people. they are disingenuous. they made up a charge that's

mccarthy like. for a president's responsible for blowing up the public financing, which he did and he agreed to abide by. then make money and back off to the applause of much of the press, this is unbelievable. the attack, they're demeaning the presidency. he is attacking smaller people, accusing them of being crooks and other things. i haven't seen this since richard nixon in 1970. >> juan, i guess in their mind the reason bidjoe biden made attacks is generate enthusiasm among the base. will it work with the base when there is no evidence for it what so ever? >> no. this is interesting. i have a slight point of difference here with pat on this. i think that the charge against the chamber is specious. they are talking about supposedly foreign contributions because you have companies that are based overseas that pay dues to the chamber. a small, small percentage.

so some of the money may be commingled to the chamber and i think it's bonus. here is what is not bogus. under the new campaign finance laws, certain groups can take money anonymously and put it in candidates. [ overtalk ] what did you say? >> this has been going on -- i'm with you. we should disclose everything. this has been going on for a long time. to say it's them, speaking of george soros and the democratic labor unions and the groups in the two cycles have been taking and hiding the money, which is wrong. worse is the ads accusing people of mugging women in the parking lot. >> none of that stuff -- [ overtalk ] >> the democratic people -- >> it's outrageous.

>> pat, juan williams -- >> outrageous. >> thank you for joining us. got it. how is the supreme court decisions, how their next decisions could effect you next. @=h

today the supreme court is looking at a case that means a lot to homeschoolers and libertarians. ability to sue vaccine makers. let's tackle that with jay,

american law and justice. always a pleasure. >> thank you, judge. >> what business is it of the federal government to say to people whose children have been injured by a vaccine that the government forced them to take? a vaccine that the parents didn't want them to take in the first place? you can't sue because over this injury to your child, because we decided that the vaccine was safe. the irony, as you point this out, a lot of people are opposed to vaccines in principle. sometimes it's moral or religious groupdz or just scientific evidence. the idea that the government would say take this and then you don't get to sue under a products liability claim is ridiculous. song writes these statutes without thinking that there is constitutional significance. >> i have been talking the whole show about fulfillment

fever. the libertarians and people who believe in the free market and the constitution get to washington and something happens to them. this law was signed in 1986. who was the liberal president that siped this in 1986? the gipper. >> the great reagan. >> the great reagan. >> you don't get everything you want. i remember when this was debated. the people we put in that are the conservatives, why would they do something to compel me to do something against my will? this is not that different than the individual mandate. >> make for me, and for everybody listening to us the argument of the home schoolers and the parents that believe they know what is best for their children. the government can't force them to take a vaccine if they

don't want it. >> in a perfect world, you have 14 amendment and due process rights, that i'm not put forward on this or put through this. then you look at the searches and says sures and those issues. fifth a.m. right can come in. the right to be left alone. fundamental right of parents constitutionally to direct upbringing of their children. >> the supreme court goes back if you go back 120 years ago a case involving the society of sisters, pierce, a famous case. they said look, fundamentally this is the parent's decision. the home schooling where the law has been very good. it took 30 years of litigation to get them to respect the home school kids and parents. now they're dying to have the kids because they do so well. >> i think you have courts where liberal and

conservatives that the parents have the right to sue because the government forced them take the vaccine. >> we'll come back when the court comes down with the decision. thank you for joining us. we'll be right back.

it may feel like everyone is against you some days, government, whatever, but glenn launched a 40 to-day, 40-night challenge on this program to inspire americans to restore honest in their lives. you heard about the amazing results on friday when glenn talked to audience full of challenge takers. the if you are still wondering if the challenge is for you this may help you decide. >> today marks 40 days and 40 nights until 8-28. jesus fasted for 40 days and 40 days. israelites wandered in the desert 40 years. noah, rained 40 days and 40 nights. a good cleansing time. i want you to join me on something. make a commitment to do these three things. first is faith. pray. find your relationship with god. pray on your knees. every night. the second thing is hope.

you can't expect honesty from others if you don't do it yourself. stop all lies for 30 days. the next is charity. remember it begins at home. do something kind for every member of your family at least once a week. let's use 40 days and nights to show people who we are. >> i gave a 40-day challenge on the air. 40 days ago today. my challenge to you today is to make a choice. does america go forward? the american experience expands, or does the experiment fail with us? if you penal to yourself you will restore honor in your own

life, we will leave freedom better than how we found it. >> dear glenn, charity is something i need more of. the 40-day challenge has been a good wake-up call to me. i found myself in attendance on 8-28. me, a guy from montana with a wife and three kids. i could have floated off the national mall that day. i started my 40-day challenge to get myself back where i need to be in my life. brian wilson, montana. >> my wife and best friend in the world i lost on all 16 after 39 years to breast cancer. i laid her to rest and your challenge gave me hope and focus. god's love caught me in my

time of sadness. i challenged my sadness and i went to the mall to thank god for what he was doing i want to thank you a voice crying in the wilderness for me. bill fairweather, columbus, ohio. >> since taking the challenge, i find myself praying more. i pray for the troops and i pray for people in washington to do the right thing. faith hope and charity made me a better man. >> i live in st. petersburg, florida. i'm an exmarine. i have remember taking an oath in front of old glory to give my life for this nation. >> one man can change the world. >> that man or woman is you.

you make the difference.

people are fed up with big government and fed up with politicians in both parties who think the government can right any wrong, regulate any behavior and tax any event. look at the mess big government brought us. mired in a war in afghanistan that'serily reminiscent of the disaster in vietnam.

since the economic collapse of 2008, the federal government borrowed and spent $2 trillion. the government says only 15 million americans are out of work but it's likely to be over 30 million. whatever the number is, it's nearly the same that were out of work before the $2 trillion was spent. the national debt is rapidly approaching $14 trillion. that is the money that government borrowed and not yet repaid. there is no end in sight and no plan how to pay it back. speaker of the house of representatives said we need to give out more food stamps and welfare, because they are a good deal for people who get them. the president has been campaigning for democrats all over the country. the argument has been this. things could have been worse. is it wonder that many of the democrats for whom she's been campaigning don't want to be seen with him? what is wrong with the government today? does the government tell the

truth? no. does the government break its own laws? yes. does the government write laws to keep itself in power? of course it does. what we are witnessing in america is the slow disintegration of pillars of freedom. can anyone claim that congress follows the constitution? can anyone seriously claim that the feds can cure a problem caused by too much borrowing and spending with more borrowing and spending? is there any among us that thinks the government would not hesitant for a moment to take our lives, liberty and property without due process if it hated or feared us? we are halfway to socialism. if we don't turn around this november, it will soon be upon us. we know how horrible socialism is. we know how bad it is. they put you to work for the government and decide what you earn. this is no joke or exaggeration. already, 47% nearly half of americans receive their money

from the government. let me take that back. they receive their money from the remaining 53% of the taxpayer, because the government takes that money from them and gives it away. and soon the government will tell them those who receive it how to spend it. will you let a crook take your mup and give it away? would you let your neighbors take mup and give it away? why do we let the government take it and give it away? after socialist government take your money, they take your freedom. no socialist government in history ever respected the right of its opponents. just last week, a mere 15 minutes from where i'm now sitting a federal government told the government it could not introduce evidence in a criminal trial that was obtained under torture. it was unthinkable in american courtroom ten years ago.