but, again, we need to remember that the united states congress and the president of the united states have the power and authority to pass law. we have the idea that laws are ultimately made by courts today. but that isn't true. the supreme -- the congress, together with the president, can pass law, and change what the supreme court says. they also have -- >> that's a point of fact. but that's not in dispute, congresswoman. that's never been in dispute. of course congress can pass laws. the issue here is sort of an attack on the judiciary, do you believe that supreme court justices should be elected. were that solve the problem? >> no. no. the -- the constitution is set up the way that it should be. the problem is, the supreme court, or other members of the court, have passed decisions that aren't in conformity with our constitution. that's what we take issue with. that's why it's important that the people have their representatives be able to pass laws, as the president would sign in conformity with their will. what's wrong is when judges make laws in confirmty with their own opinion

>> what we need to do about it is have both the president and the united states congress take their authority back and i would agree with newt gingrich that i think that the congress and the president of the united states have failed to take their authority. because now we have got ton the point where we -- got ton the point where -- gotten to the point where we think the final arbitrer of law was the court system. the founders wanted the courts to be the least powerful system of government. if we give to the courts right to make law the people will have lost their representation. they need to hold on to their representation. i commend iowans because they chose not to retain three judges that decided that marriage should be in like their -- and iowans decided to take their constitution back. that is what the american people need to do. take the constitution back and as president of the united states i would only appoint judges to the supreme court who believe in the original intent of the constitution. >> congressman paul, do you believe in what the two candidates said it would be okay to abo

>> what we need to do about it is have both the president and the united states congress take their authoritynd i would agree with newt gingrich, that i think that the congress and the president of the united states have failed to take their authority. because now we have gotten to the point where we think the final arbiter of law is the court system. it isn't. the intention of the founders was that the courts would be the least powerful system of government. and if we give to the courts the right to make law, then the people will have lost their representation. they need to hold on to their representation. that is why i commend iowans because they chose not to retain three judges that decided that marriage would be in their residence -- [ applause ] iowans decided to take their constitution back. that is what the american people need to do. take the constitution back. and as president of the united states, i would only appoint judges to the supreme court who believe in the original intent of the constitution. >> megyn: congressman paul, let me ask you. do you believe what the two candidates

>> what we need to do about it is have both the president and the united states congress take their authoritynd i would agree with newt gingrich, that i think that the congress and the president of the united states have failed to take their authority. because now we have gotten to the point where we think the final arbiter of law is the court system. it isn't. the intention of the founders was that the courts would be the least powerful system of government. and if we give to the courts the right to make law, then the people will have lost their representation. they need to hold on to their representation. that is why i commend iowans because they chose not to retain three judges that decided that marriage would be in their residence -- [ applause ] iowans decided to take their constitution back. that is what the american people need to do. take the constitution back. and as president of the united states, i would only appoint judges to the supreme court who believe in the original intent of the constitution. >> megyn: congressman paul, let me ask you. do you believe what the two candidates

this is richard nixon's job performance approval ratings -- 24%, actually higher than the united states congress right now which seems to be extraordinary. start with you, senator menendez. why don't people like the congress? >> well, look, people are hurting in the country. and that is very clear. i see it in my state of new jersey as i travel throughout the state and listen to people who sometimes with tears in their eyes tell me, senator, this is the first time in my life that i've been unemployed and for a long period of time, and the fundamental american promise has been shaken for them. that's why we as democrats are trying to restore that promise. that's about getting people back to work. that's what the president's job package was about. that's what this payroll tax that we have been leading the fight on and that republicans have largely fought us tooth and nail. i know roy made the comment that i would want to increase taxes. the bottom line is i don't want to see a greater pound of flesh being taken out of the middle class. that's what the house republican do. they do it in so many dif

but, again, we need to remember that the united states congress and the president of the united states have the power and authority to pass law. we have the idea that laws are ultimately made by courts today. but that isn't true. the supreme -- the congress, together with the president, can pass law, and change what the supreme court says. they also have -- >> that's a point of fact. but that's not in dispute, congresswoman. that's never been in dispute. of course congress can pass laws. the issue here is sort of an attack on the judiciary, do you believe that supreme court justices should be elected. were that solve the problem? >> no. no. the -- the constitution is set up the way that it should be. the problem is, the supreme court, or other members of the court, have passed decisions that aren't in conformity with our constitution. that's what we take issue with. that's why it's important that the people have their representatives be able to pass laws, as the president would sign in conformity with their will. what's wrong is when judges make laws in confirmty with their own opinion

>> on december 25, 1789, the united states congress sat in session and continued to stay open on christmas day for most of the next 67 years. >> jon: how's that taste, mother (bleep)ers? (laughter) that's right! when the country was founded, congress had exactly the same attitude about the sanctity of christmas celebrations that a 7-eleven does today. yeah, we're open. fox, you take for granted the ubiquity of christmas. but if there has been a war, christmas is the aggressor nation. right now every public space in the country looks like it got hit with a 500-pound tinsel bomb. the white house looks like a yuletide episode of hoarders." (laughter) many of these displays are subsidized by... what's that thing you don't want to spend on anything? taxpayer money! you want to fight about something taking the christ out of christmas? ♪ all i want for christmas is you... ♪ (cheers and applause) whatever you think is the reason for the season, it does not involve mariah carey in a half a santa suit presenting her ass to justin bieber like a horny bono bow. (laughter) by the way, what if we all di

i've lived under and worked as a member of the united states congress under republican and democraticnts. i will tell you honestly on occasion i did work with president bush on a number of occasions, as i know republicans worked with president clinton. to have as your definition the undermining, ei am naturing taking from office you'd almost use the word destroying but i want to minimize my words, the commander in chief is a sad testimony. i would hope that we would fine in our hearts just as we welcome home our troops at the end of the month with open hearts bipartisan in every part of the nation we would recognize that 160 million people who will be impacted by the lack of a payroll tax cut and 6 million people who will be devastated by the lack of increased or extended unemployment benefits is not the american way. martin, if i could, i'd like to make a plea on your program. to my colleagues, democrats and republicans, that we can go for the most simplest of the proposals that won't hurt anyone and begin our work in 2012 on steadfastly finding a way to boost the economy, which we'v

. >> on december 25, 1789, the united states congress sat in session and continued to stay open on christmas most of the next 67 years. >> jon: when the country was founded congress had exactly the same attitude about the santity of christmas celebrations that a 7/11 does today. yeah, we're open. a funny story. apparently the clip we showed was off by around 66 years. for this mistake i was awarded the fact-checking site politifact dot-com's lowest grade possible "pants on fire." something the people at politifact must know that a gentleman such as myself is akin to a death sentence. in this dry weather my ass hair is nothing if not kindling. of course, it's my fault for trusting something called the history channel. you know, with facts about things that happened in the past. the next thing you know, we'll all find out the nazis did not employ alien technology in their quest for world domination. you know what, history channel? you have (beep) me for the last time! from now on, i go straight to the source. to the time machine. mr. franklin. >> yes. >> i'm come from the future to ask you abo

you about believe it or not including a new study by "the washington post" that shows the united states congress really has become home of the 1%. we'll show you those numbers. >>> plus, what in the wide world of sports was going on on this program on friday? that's "way too early" you're looking at. joe and mika in jammies and slippers in front of the fire. first, to the news live at 5:30 a.m. here at 30 rock ott new york city. the iowa caucuses are now just one week away. it's crunch time for the republican presidential field after months of campaigning, debating, gaffing, it appears iowa is anyone's gain. the contenders are spread out acro across the state. ron paul is the only top candidate without a public event scheduled today. but real clear politics' latest average shows the texas congressman topping the field right there in iowa with a slight lead over mitt romney essentially statistically tied. newt gingrich in third, six points behind the front-runners. rick perry three points back of gingrich. while he may have the support of iowa, the national polls shows ron paul dropping to third

before you go, as you know, we just reported on this side of the pond the food fight in the united states congress continued as house republicans are set to reject the payroll tax extension. do you think this will have any impact at all on the markets? >> yeah, i think the markets are keeping a weathered eye on this deal. you know, longer term, i think the markets want to see debt reduction and something agreed longer term between the two political parties in that sphere. but right now, the worry is about growth next year, and if you're going to take $1,000 out of the pockets of 160 million americans for full year 2012, that's a lot of disposal income that won't be spent on growth. so, i think a lot of people are hoping that they can do at least a two-month extension. the deadline, of course, just 11 days away. so, a lot of talking needs to be done to get this deal signed before that deadline expires. back to you. >> geoff cutmore in london. thanks very much. >>> still ahead on "way too early," it's lights out on "monday night football." we'll bring you one of the nfl's strangest moments in quite

obviously, i am a member of a totally dysfunctional body called the united states congress. [laughter] feel sorry for me, will you please? i worked on the security committees and certainly, at the dicey period it was 9/11 forward. i intercepted the national- security apparatus of the two bush terms, plus early obama. what stands out as a member of congress is the independent branch of government is supposed to write the laws and do adequate oversight. how hard it is to get information from the executive branch, especially on controversial issues, because more and more of the decisions on national security were made in the white house, not in the department headed by confirmed secretaries. the white house, the nsc our staff positions. the president deserves to have personal staff. there is such a thing as executive privilege, which when used responsibly, it is the right thing. however, it was incredibly frustrating to do proper oversight in my role as ranking member on the house intelligence committee for many years when i could not get to briefings or information because, fo

did you know horses can legally be slaughtered in the united states? congress quietly lifted a ban five years ago on funding horse processing inspections this month. right now there are no slaughter houses in the u.s., but many states, including california, ban eating the meat. it could, however, be exported to europe and asia. >>> an oregon woman got quite a surprise when she went to the emergency room this week thinking her appendix burst. she discovered she was having a baby. kim nelson said she had no idea she was pregnant. not the slightest kick, craving or clutching of the tummy to tell she had been carrying a baby for the last nine months. >> i thought it was due to the cyst that i have on my ovaries. working in a dairy queen, you eat all that food. >> i just thought maybe she was gaining a little weight. >> well, it's a cute baby. tiny baby paige turned out to be a big surprise. after big sister anika doctors said she couldn't have any more kids so she calls paige a miracle. >>> coming up, the holiday display thatir would make clark griswold jealous. in

said and they respected that level of authenticity and sincerity i worked very hard in the united states congress in the brief time that i've been there fifty five years old i spent fifty years as a real person and now five years going toe to toe with barack obama. michelle is really working hard to make sure the point is set in stone and just to make her a real person status official she even signed her name on a wall at a cafe in alice and i let now from a strategy standpoint this is a pretty standard method used by politicians to tell their voters that they're not just going to use a typical approach in washington they want the public to know they aren't like every other hated politician out there another candidate trying desperately to hammer this in is mitt romney now mitt doesn't use the i'm a real person lines he appeals to the business owners by touting his own experiences in that field versus the people who have never worked in the private sector. now i'm a conservative businessman i spent most of my life outside politics dealing with real problems in the real economy career politicians

. >> the view by the american public of the united states congress, particularly the united states houseentatives, is the lowest it's ever been since polling was done on that subject. that polling is controlled by the tea party caucus, the one that obama ran against, and he should. >> i think president obama has done exactly what he's needed to do, which is to stop doing anything. what has he done recently? nothing. he switched back -- >> payroll tax. >> come on. that was going on forever. all he did was -- >> okay. we got to -- >> don't cut me off. >> i'm sorry. >> don't cut me off! this is how he's going to win the white house. smile his way back into the white house and not do anything. >> his latest drop overnight, maybe three days are catching up to obama, getting on air force one, going to hawaii maybe. >> yeah, that's exactly what it is. god, going on vacation. what a thought. a little bit off the subject, but off of polls directlying, but george will, the preeminent conservative columnist i guess you would call him, says that the republican party better be very careful and not be