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and judge andrew napolitano joins us with thoughts on that. at a dry cleaner, we replaced people with a machine. what? customers didn't like it. so why do banks do it? hello? hello?! if your bank doesn't let you talk to a real person 24/7, you need an ally. hello? ally bank. your money needs an ally. >> fox news alert. and reminder now that we're tracking the vote for speaker of the house at this moment. we're told that if speaker boehner loses support from 17 republicans, in other words, they have to vote for somebody else, he will not get a majority and then this'll need to do it a second time. so far, he has lost 9, but he's still expected to take this thing sooner or later. a little bit of drama. and we kind of know the end result. we're going to update you as the story develops right here. well, people who came to the united states illegally could enjoy an easier path to citizenship in this new year. that's thanks to a new rule announced yesterday from a key immigration agency. it's designed to shorten the length of time families are sepa

stuart: judge andrew napolitano, thank you very much. uncomfortable feeling. judge napolitano: do you think she watches? stuart: we are a forgiving country. confess, admit you are wrong, you can make a come back. will that be the case for lance armstrong? will we forgive him? my take on that is next. [ woman ] if you have the audacity to believe your financial advisor should focus on your long-term goals, not their short-term agenda. [ woman ] if you have the nerve to believe that cookie cutters should be for cookies, not your investment strategy. if you believe in the sheer brilliance of a simple explanation. [ male announcer ] join the nearly 7 million investors who think like you do: face time and think time make a difference. join us. [ male announcer ] at edward jones, it's how we make sense of investing. >> there not interacting as much as they used to. they're using social chat, chat, tumbler, some of them are even migrating away from twitter. they are still on facebook, putting a of the cases, the cool kids that want to hang out i

dagen: judge andrew napolitano. connell: strange case but important conversation. dagen: but look who you co anchor with. connell: this is our question of the day, who is all more popular than congress? there's a few on this list. dagen: you will hear that. take a look at how treasury has been doing today. off the highs recently on the ten year yield. [ male announcer ] this is joe woods' first day of work. and his new boss told him twongs -- cook what you love, and save your money. joe doesn't know it yet, but he'll wk his way up from busser to waiter to chef before opening a restaurant specializing in fish and me from the great northwest. he'll start investing early, he'll find some good people to help guide him, nd he'll set money aside from his first day of work to his last, which isn't rocket science. it's just common sense. from td ameritrade. >> hi everyone i'm diane macedo with your fox business brief. stocks continue their upward trend as the fourth quarter earnings season gets started on the right foot. we have the dow up currently about 80 points. meanwh

judge andrew napolitano joining us. been executive orders through the test of time. emancipation proclamation -- say that ten times. with this, we have a lot of people in congress who are completely opposed to this. there are areas of behavior where the statutes allow the president to exercise his personal discretion. i will give you an example. the last crime control law, it is called the omnibus crime law of 1968. it gives the president of the united states the ability to ban the importation into the u.s. of weapons that are not "suitable for sporting use." it lets the president decide what the definition of "suitable for sporting use" is. george h.w. bush narrowed the definition which excluded it. president obama could lawfully narrowed the definition again. he cannot make it illegal to own or use, but he can make it illegal to import. lori: why does he have this privilege to begin with? >> that is a very interesting question. the congress is lazy. the president sometimes take power from congress like starting wars a

judge andrew napolitano is here. judge napolitano: interesting that in new jersey, calif. jersey, a tenant of a landlord of real-estate, notoriously dispenses medical marijuana. the state is aware of it and authorizes it. the federal government is aware of it and does nothing. the 3,000 miles west in oakland, calif. you have a landlord trying to kick out the tenant and the federal government trying to seize the property from the landlord because the tenant in compliance with california law, the same law as new jersey law is distributing medical marijuana. the federal government has addressed these two issues in a vastly different way. california, a federal magistrate judge said it is a preliminary injunction, you don't have the right to kick the amount now. the federal government doesn't have the right to seize the property. we will have a trial and see what the effects are. stuart: reversal. judge napolitano: it is a preliminary set back for the victorian forces that want to interfere with the state law permitting the dispensing of medical marijuana. stuart: why use the e

the judge is here, judge andrew napolitano, fox news judicial analyst and author of many books, the mostident -- judge napolitano: on page 276, varney. charles: i'm a little jealous. we will talk about that later. the president's furrowing campaign has killed so many innocent people. judge napolitano: looking at my blackberry because i want to give these numbers precisely. the numbers are from stanford law school in new york university law school. hardly hotbeds of defense of the second amendment and arguably intellectually honest researchers. the drone kills from june of 2004 to september of 2012, this includes the george bush ground and barack obama and pakistan alone killed between 2500, and 3300 people, between 475, and 884 were civilians and 176 were children. these are obviously innocent children. we know two of these children were americans. we also know the president never asked congress to declare war on the government or the state in the area where these drones hogan and we know his new secretary of defense is in favor of fewer troops on the ground and his new head of the cia l

[laughter] stuart: judge andrew napolitano thank you very much indeed.rbon tax after president obama made this announcement during his inaugural address. >> we will respond to the threat of climate change. knowing that the failure to do so would betray our children and future generations. [applause] >> some may still deny the overwhelming judgment of science, but none can avoid the devastating impact of raging fires and crippling drought and more powerful storms. stuart: this comes as powerful business and political leaders are meeting at the world economic forum in davos switzerland. they are proposing, get this, a 14 trillion dollars global greening plan to combat climate change and sustain long-term economic growth. we could barely fit all the 0s on to our graphic there but it is a trillion with a t. fox business's liz claman in davos talking to all the big hitters. she has live reports that will start tomorrow. back to nicole, what's going on with boeing, please? nicole: here's a thought, let's take a look at boeing right now. couple of headlines the

dagen: judge andrew napolitano is upset about this. he should be.stitutional. you bail them out once, people will keep coming back. >> when the government establishes an artificial security blanket, then people expect the blanket to be there in the future. would any of us have invested in solyndra the way the government invested a half billion of our cars in -- a half billion of hours in solyndra. it creates this artificial safety net. it creates this artificial cash flow. when the safety net is gone, the political times change in the cash flow is gone. the business finds it is over investing and it collapses. it was easy to predict that this would happen. many did predict that it would happen. connell: one of the specific arguments that has been made was made to us by the former tarp inspector general. he was in here saying that the bailout was necessary. the execution was where he saw problems. >> i disagree from a constitutional and a free-market degree. there were no controls over the manner in which the money was spent. the bailout to aig, whis

backers wall in a bitter pill with the deal last night so says steve -- judicial analyst judge andrew napolitanoith us. at the new year. judge napolitano: a dismal new year. connell: a huge loss for conservatives? judge napolitano: is a loss for fiscal conservatives, small government, people who believe in small government, members of the tea party, libertarians, people who believe the government should stay in a conference of the constitution and even for the republican party, what did they get in return raising taxes on the most productive, the most successful among us? connell: their argument is we have to do it again in two months and the president can't hold the fiscal cliff automatic increase in taxes from the bush tax cuts over hour heads anymore and now, republicans are saying, have the leverage on ridge -- spending argument. judge napolitano: having leverage in using leverage are vastly different things. i am fearful that the republicans will not use this leverage. the republicans believe the federal government is just one big cash machine and they can give it to people who didn't have

congress has already made, to the judge on whether nancy pelosi is within your bounds or not, judge andrew napolitanondment of the ratified. neil: that is mean. >> really, the 14 amendment, said, the states have to afford equal protection, they cannot have slavery any more, or discriminate on race, they have to enforce their laws equally, that is the purpose of 14th amendment. there is a clause that says, the public debt of the united states of america shall not be called into question, if they finished the sentence they would have said by the states, the reason was when southern states came back into the union, they were taxed to pay federal government's debt for fighting the civil war against them this amendment prohibited them from resisting paying that tax this says -- it means for purpose of a civil war, that/say the states cannot contest the val edtie of validity of the public debt. today, presidents have been borrowing money to fund the federal government since 1917, woodrow wilson, not one of them, not a single one liberal or conservative or republican or democrat or progressive orelon , libe

. >> new york times taking a shot at judge andrew napolitano.e is going to drop by and defend himself. >> lance armstrong. he is perhaps the biggest liar of all times. he is apparently spilling the beans to oprah. does your kid have a runny nose? it might not be the flu. it could be fast food. fox and frindz kicks off in 11 minutes right now right here on "the fox news channel. >> welcome back. 52 minutes after the hour. jevon belcher autopsy revealing he was drugged when he killed his girlfriend and himself last month. his blood alcohol level was twice the legal limit. he did not have drugs in his system. do you set at your desk all day long? it might be killing you. experts find after one hour of sitting you stop burning fat by 90 percent and metabolism slows way down. that puts you at greater risk for heart disease, diabetes and cancer. patti ann. >> president obama's second inauguration is less than a week away. nearly 1,000 people donated to the inaugural committee. mixing money and mol ticks could influence the president's priorities. >> g

judge andrew napolitano will talk with us about that next.t the winners today on the nasdaq. ♪ connell: we are getting closer to the president gun control. let's talk about iphones in china first. dagen: shibani joshi has more. shibani: i do not have to tell you investors and wall street becoming are skeptical about apple. today is and optimistic day. this is despite a downgrade out of specific crest. they are expecting a lot of sideways trading on apple shares in the next 12 months. specifically "we believe that the height and of the tablet and smart phone markets are quickly becoming saturated." cheaper ipad mini and iphones, that we have been thinking are rumored, could end up cannibalizing sales. the cheaper iphone, many believe it is coming. it is geared specifically towards one nation and that is china. tim cook, ceo of apple saying that. i will send it right back to you. apple shares doing well despite this downgrade on apple. connell: we are going to get the president here in a couple of minutes. ahead of that, we will talk about it a

tracy: immigration reform and judge andrew napolitano. that is next.'s winners and losers. we will be right back. ♪ lori: u.s. authorities are pushing for a settlement of interest rate rigging charges that may result in a british bank pleading guilty to criminal charges and fines. will that marked the end of this massive probe? joining us now is elizabeth macdonald. >> the bank may settle this with $790 million in fines. so long as it's union and asia does plead guilty. what we are hearing is a global multi- bank deal to finish all of the libor rate rigging charges. that is what we are hearing from our bank sources. it is saying essentially that the discussions are there and with various authorities are ongoing and that they continue to cooperate fully. what would happen with world bank of scotland, the only third bank, more than a dozen banks around the world face these probes. not just for libor, but for your rate rigging. the name of the game is a big push to get a settlement by the end of the year. what i am hearing is, the banks fear the civil law

tracy: judge andrew napolitano. thank you, sir.are fleeing the country to avoid paying higher taxes and they may be joined by former president. reportedly considering moving to london with an investment fund worth more than a billion dollars. the move would help robert iger and his wife skirt top tax rate of 75%. proposed by his proposer. sarkozy under investigation for corruption to a relocation would be highly controversial. tracy: i'm sure that has no reason why he is moving. ashley: she wants to get back into buckingham palace, that is what it is about. or join mother russia. you cannot beat that. >> what is in the wind? come on. ashley: cheryl casone taking us through the last hour of trading with research in motion. saying that stocks should be a lot lower than it is right now. plus, she sees opportunity. "countdown to the closing bell" is next. at a dry cleaner, we replaced people with a machine. what? customers didn't like it. so why do banks do it? hello? hello?! if your bank doesn't let you talk to a real person 24/7, you

judge andrew napolitano with me. any legal problems with this? >> yes and no. the sale of a donor list in this era is accepted, acceptable and not unlawful. if barack obama, the person, not president obama, decide it's to sell his campaign donor list name, address and how much money given, that information is already public so he is not invading anybody's privacy. he can sell it to group related to him and say can you give us some money? who wants to do educational commercials on television to tell people of the dangers of guns. the irs would stop for doing that, not bush in favor of special candidates, but want to educate the public about guns. liz: nobody had seen his new political landscape ever. this is a massive database using sophisticated computer tools, cookies to track where people were going to other websites. fortune 500 companies would want this database so the question is not just an army of door knockers, also privacy concerns and the voter doesn't even other personal information is now going to this nonprofit. is he skirting the rules? >> does no

greg break and now to judge andrew napolitano.nctions are in agreement between penn state and ncaa how does the state of pennsylvania have legal standing to sue? >>judge napolitano: it doesn't. can you not just sue someone because you don't like how they harmed a third person. although penn state receives substantial monies from the state of pennsylvania, the earth, the dearth it is located on and the buildings are not owned by the state of person but owned by the trustees of the university. one happens to be the governor. >>gregg: how can he object to an agreement of his own entity? >>judge napolitano: he should have objected when the ncaa came to penn state. here is the report of your law firm, who was the former director of the f.b.i. he and the law firm wrote a scathing report and you accepted this report. you accepted it uncritically. >>gregg:? why? because he waited three years before anyone in the office went after sandusky. >>judge napolitano: all i know the facts, before he was the governor he was the attorney general and

sonja sotomayor and andrew napolitano as well as tom allen. they report on war crimes in vietnam war in their book, kill anything that moves, the real american war in vietnam. look at these titles and watch for the authors in the near future on booktv and booktv.org. >> now we bring you booktv, 48 hours of nonfiction authors and books. here are some of the programs look out for this weekend. at 4:30 p.m. eastern, michael gordon discusses his book on "washington journal." mr. gordon details iraq war from 2003 until the withdrawal in 2012. at 11:00 p.m., cindy helms recounting her life as the wife of richard helms. he died in 2002. watch a couple of interviews from the university of pennsylvania. first at 1:00 p.m. eastern, we will talk to richard ellis about why government programs don't work and a blueprint for change. at 1:15 p.m. we will hear from

today on "studio b," judge andrew napolitano said he has never seen anything like it. listen. normally the prosecutor would not present evidence to the grand jury unless the prosecutor believed that the people committed the crime and the prosecutor had enough evidence of which to obtain a conviction. >> the assistant d.a. under alex hunter said today that he also thought the case was weak but that two other prosecutors in the d.a.'s office at the time they wanted the ramseys tried in court. shep? >> shepard: if the evidence was weak, isn't the normal course of events that they put it before a jury and let the jury decide? >> it is, in fact, exactly what you said, shep. and the jury really said they wanted to indict because they thought the parents were involved. you have got to remember, i mean, the grand jury looked at this thing. they met for almost a year and a half. they went over 30,000 pages of reports. hundreds of pieces of evidence. and today a grand jury member said, and i'm quoting here. we didn't know who did what, but we felt the adults in the house may have done s

andrew napolitano joins us now. great to see you. is it legally founded?n't know if it's factually founded but it is legally frivolous to sue a psychiatrist in colorado and, indeed, in most cases because the psychiatrist declined to admit the patient. >> it causes them to believe the patient is in immediate threat to his own life or the life of others. so they go to the patient's psychiatrist, will you sign this affidavit which will ask the judge to arrest him. if they say yes, then they need another psychiatrist, you have to have two, then he can be arrested not for a crime but because he is dangerous to himself and others and he can be expected for three days and the judge can decide whether to let him go. just because the first psychiatrist said no, was not for the police to asking. and flip of this, doctor's patient should be incarcerated is protected from liability as long as there was a professional judgment, if she honestly thought he wasn't a danger to himself and others, even though the judgment is wrong, she can't be sued for it. >> is there a bu

i'm talking about judicial analyst andrew napolitano. >> thank you, professor cavuto. i think maurice greeneberg is right on both counts. it's unconstitutional, the government can't pick and choose winners and losers furniture going bail people out you have to treat them in a similar way. three people came to the government and bailed us out the goldman saturates said they will give you $13 billion and they said don't worry about it. morgan stanley said we need some money. we'll lend it to you at market rates. aig said, we're dying on the vine. we want to own 80% of you and when the money coming back we want 14.5% interest but we're going to charge you three times what we are paying them. that constitutes a loss of assets for aig which the fifth amendment prohibits and constitutes desperate treatment that violates equal protection. i think more greenberg has a very good strong argument to make. >> neil: one of arguments that i raised you wouldn't be in the position you are now to sue is to paraphrase what scott was saying if not for this clumsy bailout? >> scott's argu

judge andrew napolitano, fox news senior judicial analyst.asson of the national public radio and syndicated columnist charles krauthammer. judge, i read your piece on foxnews.com. i know where you are going to come down on this. your thoughts on the task force and what we are seeing develop here. >> i am so disappointed but not surprised at the task force. it is a group with a predetermined end. the end result is to find the way to limit the right to keep and bear arms. they are going through the machinations to make it look like they are fair and considering all sides. i am also disappointed in the existence of the task force. the statement that vice president biden just said, that you just ran said i'm going to try to remember it and paraphrase it, this is a complicated issue. how do we deal with the problems in newtown and problem in aurora? that is not the job of the federal government. the federal government's job is not to keep us safe. it's to keep us free, preserve our freedoms and keep us safe from the foreign enemies. the job of the

judge andrew napolitano, and kirsten powers columnist for the daily beast.uthammer. your thoughts. >> i'm going first. what secretary panetta said was right. which is not that every woman can do this. but every woman shall have an opportunity to do it. if they are capable of doing it, they should be able to do it. the standard shouldn't be lowered or put anybody in danger. for the few women, let's face it, probably few women who will have the same qualifications that are needed. they shouldn't be denied the opportunity. >> bret: judge? >> i am thrilled by this. this is a collectivist president deciding that people should be judgeed by individuals and not as members of groups. this is someone willing to say the old military bridge disagainst blacks, gay and women, stereotypical and not founded in facts, often founded in ignorance and bias in prejudice are now history. each person in the military will be judged for combat and for leadership and command based on their skills and ability, not on the basis of some group to a member at the consequence of birth. it

host robert terry, andrew napolitano, what do they have to say?what is there collectivize version of our founding fathers had to say about federalism? >> guest: federalism is a hardware to define because it shifted throughout the founding generation. it originally meant supporters of the article federation and pulled by the great fuss was about times by calling their nationalist work on the constitution and the federalist papers. so what we mean is a word that signifies some relationship between the district element in a national government, without relationship is not anywhere clear in the founding generation. i think that rick perry and mark levin and glenn beck and almost everybody in that general cadre believes the founding fathers believed that state were more amenable to democracy than the federal government was more likely to produce charity in the states, which is exactly the opposite of what madison believed, where he said it's the states that have the real pretend share and it's the national government that can counteract that. because o

in "the freedom answer book," judge andrew napolitano argues the government is jeopardizing people's rights and presents his thoughts on how they can be protected. former democratic congressman tom allen writes about the legislative deadlocks and partisanship in congress in "dangerous convictions: what's really wrong with the u.s. congress." in "good prose, the art of nonfiction," pulitzer prize-winning author tracy kidder and richard todd recount their working relationship and offer advice on writing essays, narratives and memoirs. nick terse, managing editor for tom dispatch.com, reports on war crimes in the vietnam war in "kill anything that moves. the real american war in seat yam." look for these titles in the coming week and watch for these authors on booktv and on booktv.org. >> we're here with author and journalist fergus bordewich. >> most people have only the vaguest recollection from perhaps junior high school school say there was a crisis in 1850. the country went to the brink of civil war, most of the political culture and most americans thought war was going to take pla

andrew napolitano is here.by any other name. that's an interesting choice of words. where do you see this proposal? >> oh, boy, a complicated situation and i think this is an opportunity for the republican party to do the right thing to expand its base in an area towards human freedom and get on the other side of the immigration issue from the democrats, but i don't know that that would happen. there are too many interests in the republican party that are adverse to the concept of expanding the number of immigrants here and the principle of those interest, as you pointed out in your intro, the cost. federal government, now, we have obamacare, we have basically medicare for everybody that can't pay for it themselves. so if 11 million people suddenly became lawful, who is going to pay for their medical. stuart: that's the open question of the day and we don't have a-- >> my own view, as you know, is consistent with our colleagues in this building in the wall street journal, and that is that if stuart varney and c

i mentioned the word constitution and it's got to be judge andrew napolitano. >> good morning, stuartrt: what you may not have been expecting was that i would have my trusty u.s. constitution in hand. >> not surprised, in fact, quite pleased. stuart: i'm sure you are. section 4 of the 14th amendment, the validity of the public the debt of the united states shall shot be questioned. is that sufficient authority for the president of the united states to say, don't you question our debt. we're going to raise the ceiling period. >> absolutely not. stuart: it's not. >> no, because the constitution itself says that only congress with raise money, only congress can spend money, and only congress can borrow money. the president knows that. every single president from w d woodrow wilson to barack obama when they want to raise money, when at the wanted to raise money, congress needed approve each and every one, and the identity of the person with the loans, from 1979 congress has said, okay, you can borrow another 25 billion and divide it up and get the money however you want. and the president

judge andrew napolitano, always great to see you. >> thank you. where's brian and his people?know. the story everyone is talking about, the manti te'o hoax. then he got a job on wall street by telling the bigwigs he was nothing special. [ female announcer ] caltrate's done even more to move us. because vitamin d3 helps bones absorb calcium, caltrate's double the d. it now has more than any other brand to help maximize calcium absorption. so caltrate women can move the world. just begin with america's favorite soups. bring out chicken broccoli alfredo. or best-ever meatloaf. go to campbellskitchen.com for recipes, plus a valuable coupon. campbell's. it's amazing what soup can do. >>gretchen: welcome back. was it a sick prank or elaborate hoax? last september after winning a crucial game, notre dame football star manti te'o talked to espn about the loss of his grandmother and girlfriend days before the game. >> losing your grandmother and your girlfriend, how would you describe your emotions tonight? >> they were with me. i couldn't do without them, i couldn't do it without the

judge andrew napolitano is here. therapist and patient and shifts the privacy line between therapist and patient and you say what? judge napolitano: i agree with you. the real question is can the legislature of new york do this? since privacy is a natural human rights not just protected by the federal constitution. stated differently, interpretations of the constitution by the supreme court put a floor on privacy below which no state may go. can the state of new york and interest of public safety go below the floor, the standard answer is no, it cannot. if you look at the statute here is what happens when the government enacts law in response to a public crisis and the governor wants to be the first to enact the law, statutes that are poorly written, and poorly thought through, not subject to public debate, not subject input by the experts who will be affected by it. the statues that says a health-care professional and you have defined it nicely, could be a doctor or a social worker or anyone in between who has reaso

here is returning for his second performance judge andrew napolitano.and i am not giving them out. i put it to you he could be compelled to release them if somebody files suit and says that is public information and we wanted. judge napolitano: he could be compelled to release them because there's a statute in new york state that specifically makes this information public. in my view the statute is unconstitutional and was written in an era when public revelation of this would not have likely brought about harm to the people who got these gun permits. in my world just like there would be no fema there would be no gun permits. would not need a propitious -- permission slip from the government to defend yourself. stuart: when you allow anybody to buy any denis judge napolitano: yes. [talking over each other] judge napolitano: the only way to stop this violence is lawful use of guns. we are not children or people that are not mentally sound but i would not give the government discretion to say yes to my neighbor and no to me. stuart: what about the size of

all rise because he's here, judge andrew napolitano.treasury mints a coin made of platinum, they say-- >> with the president's image on it. stuart: they say is worth a trillion dollars, we'll use it to pay down the debt with this. >> deposit it in the treasury and pay down the debt. why don't they mint 16 and pay down all of the debt. it's absurd. if this were a valid way to address debt, then why doesn't the government give everybody in america one of these coins and we'll all be trillion nairs. stuart: why is it invalid, coining a trillion, what's the difference? >> it would be lawful because the constitution permits congress to authorize the coining and minting, not the printing, that's another story which we'll go through another time. but the coining and minting of money. so it would be lawful, but it would be economically catastrophic. stuart: why? >> it was result in massive deflation and devalue everything that everybody already owns and it would be fruitless. if this were not-- >> nonsense. >> you're a terrible liar. >> if this

judge andrew napolitano will weigh in on this ahead. ashley: but first, with the dow up 15 points, we had a big day yesterday of course. settled down today. first breaking news from the fed. seen year washington correspondent peter barnes has the latest from the fed minutes which should be interesting. peter. >> that's right, ashley. the fed continued to see moderate economic growth for this year in its last policy meeting in mid-december. here are the minutes for that metering. but the outlook was not strong enough for the fed to say no to another round of quantitative easing as you recall the, a fourth round. 45 billion dollars a month of new bond purchases to keep interest rates low and push them lower and the fed said at that meeting it would not start easing up on stimulus until the unemployment rate gets to at least six 1/2 percent. the minutes say quote, many participants thought the pace of economic expansion would remain moderate in 2013 before picking up gradually in 2014 and 2015. fed members debated the fiscal cliff saving q

joining us now, judge andrew napolitano, the fox news senior judicial analyst, this is the second amendmentbill of right to keep the government away from guns and messing with people's rights to bear arms, it's not absolute. gun legislation has been passed in the past and president including a republican president, george h.w. bush, has ordered executive orders tightening gun control restrictions. >> yes. >> megyn: how far can president obama go? >> well, it's a great question, megyn. the statute on which george h.w. bush relied said that the president could ban importation into the u.s. of weapons that were not, quote, suitable for sporting purposes, closed quotes. and left up to the president and his advisors to determine what that means, suitable for sporting purposes. george h.w. bush, himself a hunter and throughout his career, candidly, a defender of second amendment rights tightened up the meaning for suitable for sporting purposes so as to exclude from importing into the u.s. you could own it in the u.s. if you somehow got it. if you're a dealer here, couldn't bring it. if you're a

fox news senior judicial analyst judge andrew napolitano. who is right here?i think aig has a legitimate case the courts will be interested in hearing. here's their case. three people go to the government and a bail us out and the government says to one of them we will get you the money and no one will know about it. the governments as to the other one hears a few hundred billion dollars, 4%, the government says to aig will sell us 80% of your stock. that will dilute the value of the stock and when you want the money, when you want the stock back you got to give as 14% interest. aig said while we and your company the people who want the money that we don't want the world to know about we are giving you the money we are going to funnel through you. so a ig, to funnel money to people from whom you don't ask for any money back, competitors, loan them the same money and charge them 5% in stan charge of 14.5% and stock value went down and assets went down. is that fair? the government can't depreciate the value of a corporation. that is called taking and the govern

judge judge andrew napolitano senior judicial analyst at fox and friend of "america's newsroom." >> goodtha and bill with his wise cracks over there. bill: i'm good for that. martha: can they do this? >> yes. this is an interesting area of law enforcement. everybody in law enforcement in the judiciary takes the same oath, i took the oath. it's to uphold the constitution of the united states. eufpl police it in the oath is a judgment that each individual makes, is this order that my superiors have given me, is this request that my colleagues have asked of me, is this application that lawyers have made before me, consistent with the constitution? normally there is tremendous cooperation between state and local law enforcement on one hand and the fed on the other and that is for a variety of reasons. they help each other, sometimes the state has to call on the fed and the fed have something the states don't, a big, fat checkbook. the fed fund a lot of local law enforcement. occasionally the feds will ask state and law enforcement to do something they don't want to do. it might be against a

here to explain, judge andrew napolitano.e constitution five times yesterday. "we the people." >> if you like the president, if you believe in his vision of a federal government that can right any wrong and regulate any behavior and make everybody equal, then you celebrated the speech yesterday. but if you like i think you and i and probably most people watching us, believe that the constitution not only constitutes, not only creates the government, it restrains the government, then you didn't like what you heard yesterday. yesterday was a very broad, expansive view of government. we can do this. we can do that. we can make schools safe. we can make the environment clean. we can get rid of the bad guys. we can make poor people rich. but nothing in there about freedom, about areas of human behavior immune from government interference. that's the whole theory behind the constitution. that's why it's lasted for 230 years. not every president likes it. and for many of them it's an obstacle and they find ways to get around it. see

joining us is judge andrew napolitano. what's he talking about, executive order?bout something like asking the environmental protection administration to impose a tax on bullets. the city of chicago attempted to do this and rahm emanuel, of all people, told the city council this is not going to work. you can't tax something more than the thing is worth. they were going to tax bullets that cost 50 cents each over $5. if they did that, who would it harm the most? the poor. they wouldn't be able to afford the bullets or it would create an underground market in bullets. question: can the president impose a tax on his own? answer: no. the constitution says only the congress can tax the people, can raise money and can spend the money that's raised. this president has not hesitated in the past to bypass congress to bring his own personal will into the law, even though congress is supposed to write the laws. >>gretchen: why would you make it so complicated. if you were president and you wanted to do this, why would you impose this tax? why wouldn't you sign an executive o

joining us is fox news senior judicial analyst judge andrew napolitano. that's the question.they are without changing the constitution? >> the people who support the second amendment, of which i am one, believe that an adjustment here, a tweaking there will open up the door way to more adjustments in the future and ultimately the government will be able to choose who carries guns. and one of the things that has kept the country free is fear in the back of the mind of someone who might try to become a tyrant that way out there are a lot of people who have the fire power to prevent tyranny here. so that's one argument. the other argument underlying the second amendment is that the decision to use a weapon to protect your life, your liberty, your children, your property is an individual decision and not a government decision. because it's an aspect of self-defense. and that's an individual decision. and the government can't interfere with that decision, nor can it stop you from using the most technologically advanced way to protect your life, liberty, children and property. so i

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>>eric: judge andrew napolitano challenged that idea.itution, a stance that found him squaring off with the "new york times." they're coming after you. >> i was surprised saturday morning. i knew something happened because the number of e-mails exceeded what they are on a saturday morning saying look at the "new york times." they're going after you. >>gretchen: this is what you said that got them going. >> here's the dirty little secret about the second amendment. the second amendment was not written in order to protect your right to shoot deer. it was written to protect your right to shoot tyrants if they take over the government. >> that was just a little blurb in the d.c. bureau. our colleague greta van susteren walked around the bureau asking if you want to say anything for greta. it was -- >>eric: explain that. >> the second amendment was not written to protect the rights of hunters because the people who wrote it already assumed everybody had the right to hunt because that's the way a lot of them gathered food for their families an