. >> we made it very clear with smiley that hildebrandt that means legislative process been met with all due respect i would disagree this would hurt the brief in smiley one side said the legislative process the other side says and though it means the representative body of the people the course of we don't have to agree but just as he said five years earlier it does mean that people so the court said first clearly it is the representative body of the people but that brings to the second question of what kind of authority is delegated to the state legislators? under the elections closet is a law making authority so that means the state legislature has to engage of lawmaking. >> but this makes no sense to me because i think it is either zero or. if the legislature has the power how could a popular referendum the veto? if they have the power or they don't if it says the people hold the power they can choose a commission. isn't that the legislative process? >> no. i disagree with you justice sotomayor but that is not important i think the courts of smile a disagrees that way they say fi

will hildebrandt has the latest. will: officials are racing to prevent a new outbreak of ebola after two new cases of the deadly disease. >> we have to do what we were doing before, be very careful no handshaking. we have to be more careful than ever before. will: both cases were detected in a small town. health officials have quarantined 10 people, including the victims family. adolphus: monday, in the morning, they told us we had to stay here for 21 days. will: liberia had been declared ebola free, but the new cases raise fears that the return to normal life may have been short-lived. will: tensions in the capital remain high over the previous ebola outbreak. health workers stormed the ministry of health, cutting off the supply of power to the compound and barricading the area. they say they have not been paid hazard benefits since the country was declared free of ebola. genie: the search for survivors is underway after a ferry capsized in the philippines with close to 200 people on board. they tipped over in rough

. >> this is angie hildebrandt's house she was told to take down the american flag on her porch because it violated the rules. she put it up to honor these two sons she has one marines one army. it was on the flag part of the is not her personal part. agreeing to give her nine months to move out flying the flag until she leaves. should the american flag be the exception to rules and condos to the apartments? send us an email at foxfriendsfirst@foxnews.com. we will share them later in the show. >> accessing income and credit card limit. >> let's explain how it all works. >> apple wants only the things you can afford. the tech giant filing an application for technology that would only advertise a few based on your bank account and credit card limit. does it correlate to spending power. just because you have a zero balance on the credit card doesn't mean you are going to drop 1300 books on a match book. >>> lockheed mart kin ain agreed to buy brak hawk helicopter. they reportedly plans to add the blackhawk helicopter. >>> if you lived in a city that recently raised minimum wage pay attenti