microsoft-- >> and you should buy the microsoft computer and not the stock. stuart: as promised now, listen to this, folks, the latest rasmussen data tracking poll, here it is, romney 49, obama 47 the same as the past three days and i take it all that i said about governor romney losing some momentum. he's kept that 2 point gap for the the last three days, above president obama. got it? i think i've cleared myself. we've made a lot of comparisons between 2012 and 1980 and now another one, gas lines, people in new york and especially new jersey lining up for literally hours. many stations don't have power at all and some have run out of the gas they've got and they can pump and they don't know when the tankers can get in to give them more gas. so, should stations be allowed to raise their prices, let the market decide who gets gas and who doesn't? all rise, judge andrew napolitano is here, i don't-- >> you never give me the easy ones. . [laughter] >> you realize of course, that if gas stations were allowed to charge what they wanted to charge, and to, to get rid of the gas lines, there would be a revolution, you realize that. >> do you realize that if buyers were willing to pay what they agreed to pay, there'd be enough gas to go around. which is a better al locator of resources especially when they're scarce, the government or the free world. stuart: i understand entirely you're talking principle, economic principle and you're absolutely right. >> i'm talking practicality. if you go to a supermarket and the example is from our friends at the wall street journal who actually sampled some supermarkets on tuesday in new jersey, you'll see people leaving with shopping carts full of things like cans of tuna, enough cans of tuna to last for two years and has a shelf life for two years, if the free market ajusted the price of tuna, people would buy what they needed for the duration of this crisis and enough to sell to others and that's the value of a willing buyer and a willing seller agreeing on a price. now, don't you make the london school of economics ashamed of you by coming up with some sort of authoritarian scheme here. if you want less of something, regulate the price and if you want more, free-- >> i've got my wife and two babies at home, okay, no power coming to my house, but i do have a generator, okay? i have a generator and i go out to the gas station to fill up a couple of cans of gas because i need it for the generator so the kids don't freeze to death, okay. >> it's a hypothetical i'll accept it. >> gas station says i've got gas, but you've got to pay $20 a gallon because that's the price that i intend to pose for this particular gas and i say, wait a minute, wait a minute, you can't do that to me. my kids will freeze, you cannot do that to me. >> you'd come up with the $20 because keeping your kids-- >> oh, you think that-- oh, come on. >> should gasoline be as heavily regulate $as water, treated like a utility like water because it's a necessity. >> you're asking someone who doesn't believe in any government regulation of the economy, who truly believes that the free market can allocate resources better than the government can. so, the answer to my question has been, it shouldn't be regulated any more than water is and water shouldn't be regulated. >> i think you'll find, judge, in gun owning democracy, the guns on certain occasions will rule. hold on one second. do you own generac stock? >> no, subscribe it. have to get that out of the way. >> and i thought on the free market-- and this conversation is fascinating, but to get back to what you're saying, i agree with the judge in the sense that this $20 guy, he'll never get a dime of the business or my neighbor's business, and he'll go out of business. >>, but the generator will get your business bauecause you're e mack daddy of-- >> and e-mac is so smart, and charles agrees. >> and i love economics. >> they're taking back that diploma. [laughter] that would be something. >> and get a generator? do you have a general. >> supplied by natural gas, and don't have to pour in gasoline at all. >> and worth more to keep it going. >> i'm able to pay more. you should see what they're doing to my ear here. >> i can hear them. stuart: you cannot accurately gauge the impact of a natural disaster from a distance, i learned that firsthand of the it's part of my take, which is next. it's a new day. if you're a man with low testosterone, you should know that axiron is here. the only underarm treatment for low t. that's right, the one you apply to the underarm. axiron is not for use in women or anyone younger than 18. axiron can transfer to others through direct contact. women,specially those who are or who may become pregnant, and children should avoid contact where axiron is applied as unexpected signs of puberty in children or changes in body hair or increased acnen women may occur. report these signs and symptoms to your doctor if they occur. tell your doctor about all medical conditions and medications. do not use if you have prostate or breast cancer. serious side effects could include increased risk of prostate cancer; worsening prostate symptoms; decreased sperm count; ankle, feet, or body swelling; enlarged or painful breasts; problems breathing while sleeping; and blood clots in the legs. common side effects include skin redness or irritation where applied, increased red blood cell count, headache, diarrhea, vomiting, and increase in psa. see your doctor, and for a 30-day free trial, go to axiron.com. >> the dow is up 140 and gm i think is just moving down. what's going on with gm, please nicole? >> we continue to get the numbers on auto sales and general motors coming out with auto sales for the u.s., rose 4.7% and they also raised their year end inventory. target, reducing stocks to the down side, and gm reported a 13% drop in the third quarter profit and they've seen losses in europe and that obviously has been a continued theme. stuart: all right, nicole, thank you. >> thanks. stuart: oh, i was waiting for some animation to appear, it didn't appear so i'll launch right into my take, here we go. look, when the storm hit, i was in mississippi. the state has a terrific economic education program and i was fully engaged with some of the teachers and students so i watched sandy from a distance. i came home to new jersey yesterday, here is my take on that. i flew from jackson, mississippi to atlanta georgia, and from there to washington d.c. and that's as far as i could get my plane or train. to get to the new york area, i had to drive, and that tells you something. three days after the storm, america's biggest city was cut off. and heading north on i-95, mile after mile was dark. no lights in the houses. very few businesses opened. it was halloween, no kids on the streets. but then, the real shock arrived. gas lines, huge gas lines, and the service stations traffic was backed up for two to three miles. closer to my home, the only gas station at that was open had several police cars trying to control the crowds. in so many areas of new york and new jersey, there is no power for the gas pumps and where they have juice, supplies of gas are running out. and when you have no electricity in your house, no gas in your tank, and the temperature is falling, you are in trouble. now, hold on a moment. i was up very early this morning and drove into new york city. there were more lights on by the side of the highway, just a few more, as i came across the george washington bridge, manhattan was clearly coming back albeit slowly and the two gas stations i saw open, there was maybe a half hour wait, but that was in at four o'clock in the morning and my point is this, it's hard to get to grips with a natural disaster from a distance. when you return to the thick of it, grim reality sets in. no one is whining, that's not new jersey style, but when i came back and saw what sandy had done and felt what it had done, it was a real shock. follow the wings. sometimes investing opportunities are hard to spot. you have to dig a little. fidelity's etf market tracker shows you the big picture on how different asset classes are performing, and it lets you go in fork at areas within a class or sector that may be bucking a larger trend. i'm stephen hett of fidelity investments. the etf market tracker is one more innovative reason serious investors are choosing fidelity. get 200 free trades today and explore your next investing idea. >> we brought you the rasmussen tracking poll earlier which still shows governor romney with a two point lead nationally over president obama. most of the other polls are still saying this election is now a dead heat. dan henninger says there's one voting block that could come out and maybe push mitt romney over the top, and dan is here with us now. and am i going too far-- you're going to identify this group, i know you're going to do that. are they big enough to push mitt romney over the top? >> yes, they are, it's the group during the republican primaries was described as the reason that mitt romney had no chance of winning because he was a mormon. and that was the evangelicals. stuart: who you're talking about. >> remember the conventional wisdom, the evangelicals would not vote for mitt romney. and i've been talking to the leaders and they're intensely supporting mitt romney and paul ryan and why that's important, ohio is kind of the linchpin of the election and in ohio evangelicals constitute about 30% of the vote. and barack obama just carried ohio four years ago, but because john mccain had really done no outreach to the evangelicals and they were loaded up on our colleague mike huckabee, they stayed home. 300,000 evangelicals in ohio didn't vote in 2008. obama won by 260,000 votes. if they come out in large numbers more romney and ryan in ohio next tuesday, as they did for george bush in 2004 and 2000, i think that romney could take that state. stuart: now, are the evangelicals voting positively for mitt romney? because they like mitt romney? or are they voting negatively against president obama? because they don't like president obama? >> well, the good news for romney is that it's a combination of both. romney has done outreach to them. and richard land of the southern baptist convention has endorsed him. did that yesterday. he met with billy graham about three weeks ago, graham is publicly supporting him. and i'm told that his selection of paul ryan was a huge plus, because ryan is a practicing catholic, very religious, the evangelicals, like paul ryan. on the negative side, they were, they noticed this battle that the catholic church got into with the obama administration over the obamacare requirement that they provide contraceptive services in their hospitals. the evangelicals have enormous amounts of outreach to people, and they-- to hospitals and such and they saw that this was going to affect them as well, and that the catholic churches fight was their fight. so, they, for those come could nation -- combination of reasons they're ready to vote. stuart: is the evangelical vote big enough to push president obama. >> about 31% in wisconsin, in iowa and 44% in north carolina, and very large in florida as well so this, i think, is a factor, a voting block, flying beneath the radar, media wrote a lot about it in the primary, but not the last month or so. stuart: i see your point well argued, but are the people already counted in the polls which have already been taken and which represent a dead heat or a slight obama victory? >> you know, it's this sort of factor, stuart, that i think is a bit after problem for the polls. i'm not so sure they're picking up voting groups like this or the intensity behind them. >> dan, if you had to guess, which of the polls out there do you think would have picked up the evangelical reaction or vote here? >> that's a little hard to say, maybe the pew poll, because they've got that arm of pew research that does-- >> maybe. >> religious groups and so forth and maybe the pew poll and pew has got romney up by about 5 points, i believe. charles: would it be at this point then last second, rick santorum was the one who gathered the votes in the primary process. would it be a net plus or net negative if he jumped in at the last second to try to help push those voters? >> i think it would be a net plus. charles: because he's been-- i don't know where he's been. if this is the case, now would be the time he'd step up. >> especially since pennsylvania is the one of the states that romney now thinks that they might have a chance of taking, but just to repeat, back in 2004, the kerry campaign thought in ohio because they had sort of dominant control, cuyahoga county, near cleveland, democratic strong hold was locked. in fact, because the evangelicals voted strongly for bish for cincinnati out to the west virginia border, they offset that cuyahoga advantage and took ohio. stuart: evangelicals, and a block, very interesting. >> we'll see. stuart: always interesting, thanks, dan. and we're-- what does the jobs picture say, and how will it affect the election if at all. that's next. joe doesn't know , 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. >> this is a big jump. the stock market nicely higher. thank you very much. the dow industrials up 156 points and put them at 13,250. the dow is up at the opening bell and jumped more with consumer confidence numbers and highest levels for the consumer confidence since february of '08. the private sector added 158,000 in october. weekly jobless claims 363,000. and here is a pretty wild swing to the numbers we are seeing. and as for the price of oil, we're at $86 per barrel. and gas prices still down and falling. and the national average is 3.50 now. that's a loss of 28 cents. and the prices couud spike, if it becomes a scarcity on the east coast, that could happen as we've been saying, big gas lines in new jersey, that's the gas prices. of the >> i've got gm stock down a little and i now see toyota stock is up. nicole, you tell me why that is. >> they came out with the auto sales for the us. and a rise of nearly 15.8% to be exact and came in a little shy of some estimates, but we're seeing the stock to upside. you may remember that in august toyota posted the highest quarterly profit in four years, this after they were reeling after the tsunami in japan and you remember that, they certainly had an uphill battle. u.s. sales up 16% in october. stuart: thank you, nicole. by the way, just to show you the point here, we have a nice rally on wall street at the moment. 161 points higher as we start this thursday morning. 13,250 for the dow. and tomorrow we get the big october jobs report. it's the last big reading on the economy right before the election and joining us now is carol roth, a former investment banker. some would say a recovering investment banker and she joins us now, a frequent guest on the program. all right, carol, we're what, five days from the election. will you give your view, a snapshot view of the economy, how are we doing? >> well, i hate to be the bearer of bad news, stuart, i'm a realistic gal, but we're not doing great. i don't care if the jobs numbers came up higher or lower, they are he' different shades of gray. the economy is not doing well and we're in a situation where we're facing sluggish growth at best and possibly, if we don't fix the fiscal cliff, a recession. the biggest signal i'm seeing is dividends, and tell you a little about that. stuart: i'm going to get to that in a second, but look, we have a slew of numbers out today showing that construction spending is up, confidence is sharply higher, we've got 158,000 jobs in the private sector, according to adp. now, those are signals that we're picking up. okay, it's not a great, a fabulous, robust recovery, but we're picking up. these numbers would suggest that the president has a point. are you going to contest that? >> well, let's just contest the numbers. i know adp is saying 158,000 jobs, but they just revised september. they first cut it in half yesterday and listed it slightly, but they originally reported 162,000 and now it's down to 114,000. so, i don't really trust the numbers, what i trust, stuart, is what the companies are reporting on a gap basis. so the fact that earnings were down, the fact that they were guiding q-4 estimates lower and back to my point about dividends, the amount of dividends the companies are paying out are very, very alarming to me. they're saying we have no better use for the cash. we're not investing in jobs or capital or working capital and we're returning it back to you, the shareholder because they have nothing else to do with the money. so that's saying they don't have a catalyst for growth. they're the not investing in grate and what's going to grow the economy. stuart: that's a very interesting perspective. from an investor's point of view, a the lot of people love to see the big name companies, sit there and hold the stock and you reap the dividend. and you're saying it's an economic indicator, don't have anything better to do with the money. >> on the short-term it increases the yield, but in the long-term the companies aren't investing in the growth, then stock prices can't grow. yes, it's good for today, but if we look ahead to tomorrow, the company's paying out the dividends as a bad thing and i think it's a leading indicator. stuart: i know i go on about this, but you should really take a look at microsoft share is yielding about 3, 3 1/2%, dead steady, 50 billion in the cash in the bank and i own the stock. are you telling me that i'm wrong, carol? >> i'm not telling you that you're wrong, stuart. you're never wrong, but i'm saying from a broader economy perspective, if we don't have these companies investing in growth, then, the companies aren't going to grow, the economy is not going to grow. it's going to come from the companies first not the consumers, that's how it's going to work. >> that's a very, very good point. when the companies raise dividends as they are right now, that tells you something about their outlook for the you futures. >> and what she says describes with capital spending numbers trending down. >> we should remember that. carol roth, thank you very much indeed. come back to new york, we're in the dark partly, but come back and see us, okay, we want to see you on the set again, soon. thanks, carol. >> thanks, stuart. stuart: the jersey shore devastated and a lot o
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