state constitutions. i actually think that might be a strength. the united states constitution, partly because it is the most difficult to amend constitution in the entire world and partly because of this degree of veneration, has been amended extraordinarily rarely. i mean, if you put the bill of rights to one side because that's really part of the politics of the original ratification process, since 1791 there have been 17 amendments. and and that's extraordinarily few. this leads to all sorts of consequences. from my perspective, one of the consequences is that the constitution is tremendously out of date with regard to some of our basic structures which are very, very much the ones that were given us in 1787. but it also means there's been a lot of what lawyers have come to call informal amendment where congress or the president will act aggressively, and then the supreme court will basically uphold it. or on occasion the supreme court is innovative, and what in some of the american states or in other countries might actually be the subject of formal ame

constitution done for us lately view at the states. they're amended all the time. some people use that as a criticism of state constitutions. i actually think that might be a strength. the uniteds constitution, partly because it is the most difficult to amend constitution in the entire world and partly because of this degree of veneration, has been amended extraordinarily rarely. i mean, if you put the bill of rights to one side because that's really part of the politics of the original ratification process, since 1791 there have been 17 amendments. and and that's extraordinarily few. this leads to all sorts of consequences. from my perspective, one of the consequences is that the constitution is tremendously out of date with regard to some of

constitution done for us lately view at the states. they're amended all the time. some people use that as a criticism of state constitutions. i actually think that might be a strength. the uniteds constitution, partly because it is the most difficult to amend constitution in the entire world and partly because of this degree of veneration, has been amended extraordinarily rarely. i mean, if you put the bill of rights to one side because that's really part of the politics of the original ratification process, since 1791 there have been 17 amendments. and and that's extraordinarily few. this leads to all sorts of consequences. from my perspective, one of the consequences is that the constitution is tremendously out of date with regard to some of our basic structures which are very, very much the ones that were given us in 1787.

- that they were making it up as they went along because there was no precedent for the united states constitution. they were in this very, very hot philadelphia summer trying to figure out kind of a first draft. and i think they would have been astonished at the fact there has been no national convention since 1787 even though article v provides for the possibility of one. and i think they would be astonished at how few amendments there have been. >> my earliest memories were actually as a refugee. i came at 4 years old, and my first memory was being taken away from my parents and being given to a white foster family because that was the only reason to leaf the refugee family. and that's always stayed with me, this idea that the war has been imprinted on me like an invisible brand stamped between my shoulder braids. my parents -- blades. my parents survived war and famine, but they exuded the force of that memory through their actions and their feelings. and so did everyone else in the vietnamese-american refugee community that i grew up in. as an american boy growing up, i was very cognizant of

officeholder of the united states must never be put in a position where he or she could be influenced by a foreign governmental actor. article 1, section 9, clause 8, of the united states constitution known as the emolument clause declares that -- and i quote -- "no title of nobility shall be granted by the united states and no person holding any office of trust under them shall without the consent of congress accept of any president emolument title whatever from any king, prince of any state." the president of the united states has the head of the skiver branc -- executive brancf government clearly operates an office of trust. the emolument clause clearly applies to and constrains whom ever holds the office of the prey presidency. for those who claim to value a strict interpretation of the constitution and to place upholding the constitution above partisan plirks the unambiguous reading is clear an evident. put system plirks the american public has a right to know that the president of the united states is acting in their best interest and not because he or she has received some benefit or gift from a foreign government like russia or china -- or any foreign entity. they need to k

their attorney, i h lot of ideas for solutions, but what i'm concerned right now is about united states constitutional rights. the 4th and 14th amendments and that's what we're fighting to protect. >> williams his says law office is going to represent anyone who is going to be resisting or protesting against what he's calling unconstitutional and immoral sweeps. >> some community was fed up with the homeless population and one homeowner says it's not worth it to stay. >> it's a struggle to come to our cars from our doors without worrying about a domestic dispute going on. >> that man says despite the city's area, he's moving his business to a different area of town. >>> we're turning to president elect trump. julie tops the list for state choices. trump's team says -- >> trump has tapped two of his close -- priebus will serve as chief of staff and bannon was named chief strategist. >>> the president elect is expected to fill the seat soon replacing scalia. trump made it clear during a 60 minutes that's pro lifee next judge to ooerturn row over wade. >> i'm pro life. the judges will be pro life. if it

. >> the only way to legally secede, would be to change the united states constitution which requires approval of congress and 38 states. >>> coming up, we investigate jails charging families crippling phone fees. why the feds say it creates even more crime. >> first, happening right now, good news in the fight against alzheimer's. rates of the disease and other forms of dementia are dropping. >>> not your normal pair rad. the annual do da parade takes over the streets of pasadena, known as the twister sister on the rose bowl parade. you can watch the parade on our website. >>> welcome to tuesday morning as we take a live look outside across the beautiful span of the bay bridge. a nice clear start to our day. pretty mild temperatures. things changing. we'll check in with kari in just moments. 4:54. >>> they say they're being gouged for a basic service. now families of inmates are suing several bay air kra counties saying the system over charges for phone calls. >> vicky nguyen looked into claims and joins us now with the details. hi, vicky. >> reporter: good morning. studies show one

actions with complete disrespect and utter disregard for federal judicial processes and the united states constitution. >> we are operating well within our legal bounds. we really truly feel that and want our residents to have safe, clean places to sleep. >> reporter: the city is in the process of implementing some and we'll continue to keep an eye on it. live in denver, jamie leary, cbs4. >> thank you, jamie. >>> president-elect donald trump is working on who should fill his cabinet in top level administration posts. democrats and republicans have already criticized him for naming stephen bannon as his chief strategist. he's the former site. >> i don't know exactly what all will be discussed. >> reporter: alabama senator jeff sessions arrived at trump tower this morning where president-elect donald trump and vice president-elect mike pence are meeting later today. among the candidates being discussed for secretary of state, former new york city mayor rudy giuliani and former nations john bolton. and trump's former finance chair as treasurer. rudy giuliani is said to be the top choice, but has limited

and what we've found is that many of his proposals violate the united states constitution." but perhaps *because of those statements, more than one hundred thousand americans have started giving money to the a-c- l-u. nationwide, that adds up to seven million dollars. one donor is peter elman. he was at a gym in oakland, discussing the future of the supreme court with a friend. local a-c-l-u executive director abdi soltani overheard, and joined the conversation. "after talking to him it kind of reminded me that all my life i've kind of had a tremendous appreciation and respect for the aclu." so elman decided to *join the a- c-l-u that very day. the conversation had also put him in a giving mood. "when i came back to the office later that day, i had a call from one of those men, and he had just made a donation." a pretty substantial one at that. elman says it was both the election and his own chance encounter with soltani, that prompted him to take action. "both the causes that have hopefully compelled me to act were probably immediate, but reflecting a lifelong series of und

people are protected by the united states constitution. they do not have to talk to the i.c.e. officers or let them in their home. >> building a wall on the mexican board? president-elect donald trump said it is a priority and leaders say it is not part of their agenda and talked of other issues, repealing and replacing obamacare without gap in coverage for americans. he said he will not take the $400 paycheck for president and will pay himself a dollar instead. when asked of same sex marriage he said it was settled by the supreme court and he is fine with that. >> protests again the president-elect donald trump are becoming more peaceful. yesterday, thousands geared to form a human chain stretching three miles around a lake, far cry from violence after the election. >> it is a great way to make your voice heard in a way peaceful and nonviolent so everyone can participate. we have seen the violence and destruction of property. >> the events "hands across lake merritt," brought out families and friends and artists. >> hundreds mannered in san francisco, with a group gathering in

. >> support the constitution of the united states. vietnam. >> we forget this, but there was always a substantial number of americans who supported the vietnam war. >> you bunch of bums. >> where is your son? my son is a marine! >> it's hard to recapture how intense that period was, how morally conflictual it was and your relationship with your country, which was something we never questioned. >> the pressure on mr. johnson to choose sides has been growing. clinging to a middle line, he tried to give one ear to the war of hawks in america, one ear to the dove, but both ears to neither. >> we halted bombing in the north in hope that the government in hanoi would signal its willingness to talk instead of fight. but i regret to tell you that no signal came during those 37 days. >> johnson feels alternately outraged that he's being attacked in this way when he is doing the best he can. >> until the day they decide to end this aggression and to make an honorable peace, i can assure you that we speaking for the united states of america inte

chief justice and may it please the court, the united states constitution does not confer u.s. citizenship on anyone born outside the united states, whether facilitates plenary authority under article one of the constitution it is for congress to determine which categories such persons should be granted u.s. citizenship by statute. in doing so congress has always required that the persons involved have a demonstrated d sufficient connection to the united states either in themselves or through their parents to warrant the citizenship because it carries with it attendant duties and rights on the part of the individual and important duties of protection and obligation on the part of the united states government. this case confirms the frame of the immigration act of 1952 as originally enacted for granting citizenship to persons outside the united states as of the day of their birth. other provisions deal with the granting of citizenship later in life. those who are open to respond but were not taken advantage of. in particular this case concerns the granting of citizenship to child

had these fights it will be a breath of fresh air with a person who is committed to the united states constitution, and committed to the rule of law running the u.s. department of justice. lou: governor, great to talk with you, thank you for making time, we electric forward to our next -- look forward to our next opportunities. >> thank you, lou. lou: vote in our poll, do you believe the establishment is having far too great an influence on the trump transition team? what do you think? cast your vote. follow me on twitter, like me on facebook. on wall street, stocks pulling back a little after last week's big rally, dow down 54, s&p down 12, nasdaq down 30, volume 3.5 billion shares i am calling that moderate trading levels. >> organization said his policies, his economic policies could double u.s. economic growth, in the next 2 years. what about that. and listen to my reports 3 time a day coast-to-coasta the salem radio network. >> up next, trump transition team slamming hypocrisy for the left. >> their president, barack obama will be in was on the fooffice for 8 more weeks, they have to decide i

let me read read, i gerald ford president of the united states pursuant to the pardon power conferred upon me by article 2 section 2 of the u.s. constitution have granted and by the present and grant full, free and absolute pardon unto richard nixon for all offenses against the united states which he, richard nixon has committed or may have taken part in during the period from january 20, '69 through august 9, 1974. a lot of people have said to me today, wait a minute, hillary has not been charged. >> that doesn't matter. >> if you become the attorney general, donald trump has been clear that we can't have a two-tier justice system and the issues about the e-mail server and the foundation will be pursued. >> also the foundation investigation is still going on. >> do you think obama will pardon her? does hi have the ability to? >> yes. >> is it absolute? >> many in my view and reading of the constitution, don't take it as gospel, i know it fairly well, i believe the president's pardon power is absolute. we're constitutionalists we would like for it not to be, but it is. theoretically he could pardon her for basically anything -- >> she has

they have taken an oath to protect and defend the constitution and the laws of the united states, andlso endangering the public at large. and they are essentially criminals themselves by harboring and providing safe haven to people breaking the law every day. and it's absolutely reprehensible. lou: chris left you 15 seconds. let's talk about hillary. >> la law and order as a lawyer shouldn't be political. i want to see all of our government move in that direction. hough tomorrow nitrogen jack keane and ken blackwell join me. please join us. good night from new york. kennedy: liberals are whining about president-elect trump's victory. nick gillespie tonight house. are democrats going to try to cause a rift between the white house and republicans? and will it work? gold prices are up. it's great news for the miners on discovery channels gold rush. grab a shovel. time to dig in. the people who are lost their mind over the election have been overcome and punch drunk by the toxic cocktail of emotion and i are rationale.

united states. >> have you even read the united states constitution? i will gladly lend you my copy!let me say something that may not be great politics and that is that the american people are sick and tired of hearing about your damn e-mails. >> thank you. me too. >> have you always told the truth? >>. >> i always tried to. >> some people will call that wiggle room. >> i am with you. i will fight for you and i will win for you. >> my daughters now take for granted that a woman can be president of the united states. >> after all, when there are no ceilings, the sky is the limit. >> i have much better judgment than she does and a better temperament than she does. >> woo! okay. >> the people at home cannot understand you when you speak over each other. >> it is awfully good that someone with his temperament would not be in charge. >> you would be in jail. >> i will keep you in suspense. >> that's horrifying. >> this is not the way we do it in the united states of america. in the united states of america. this will be the captioning funded by cbs >>> it's wednesday, november 9th, 2016.

do i need to remind you it's called article two of the united states constitution? maybe you want to dance about hamilton, why not dance about that? not part of your agenda? well, let me tell you something every day americans, forgotten americans, most of whom can't afford tickets to your play, and may not even have heard of "hamilton" got up and they voted. even though they were told it wouldn't matter. they voted because they were fed up against your policies. because your party spends too much and you regulate too much and your party's nominees are corrupt. you and your bloated federal government and your global fantasies about bringing in the rest of the world, and you don't give a damn whose paying for it, and you don't care who can afford it. the middle class and the low income classes have had just about enough. and they didn't just reject your presidential candidate, they rejected your senate, your house, and your governorship. get used to it. and i've got news for you, don't lecture this man. you may know a little about hip hop and dancing around the stage,

he writes the famous and eloquent preamble to the united states constitution, "we the people of the unitedtates," w hich at the time was not a term that was used. morris i think explains the whole purpose of the constitution and explains how the preamble is really the author of that preamble from beginning to end and one other thing i think he does during discussion of the presidency is he makes it very clear that the chief executive, this is during the constitutional convention in 1787, the chief executive would not be viewed as a king in this new government, more like the prime minister. the people are the king, he says. this whole notion of the people distilling the power upon government and not the other way around, he is one of the people that continues that to the constitution, the principle first articulated in the declaration of independence mr. lamb: a memory as he is 35 years old or something like that? mr. puleo: he is their young. mr. lamb: where was he from? mr. puleo: from pennsylvania, a and hadriot, a delegate other elected official positions in pennsylvania. he was conside

united states. that's what that means. that means the 3.5 million, 4 million muslims in the united states should not be protected by the constitution. and i know that a lot of viewers now are kind of looking at this and saying,em with, this has to do with islam, it doesn't have to do with me. if you think that this kind of autocratic tendency, this abuse of power is going to stop only at muslims, you don't know your history. >> mike flynn said that islam is a political ideology masking as a religion. >> right. it's important to understand why he made that statement. you have andy mccarthy, a respected former federal prosecutor, national review columnist who's written extensively on this. he said, look, 90% of the koran is, in fact, a legal doctrine, sharia. he's not sit saiing that as an insult to the religion. that is structured differently than typical christian religions or jewish religions, the way that those books are structured. that is what he's meaning academically. then also i think it's completely unfair to say that he called islam a cancer. when you listen to the whole statement in context, he says, look, this ideology i

the united states constitution which brought stability and unity was not something that anyone even imagined in 1776. there is not a single document where somebody's head, this is the government we ought to have. even those not happy never conceived of such a constitution. something had to happen in that decade to change people's minds. in 1776, they established 13 independent democracies. women, blacks, black slaves did not vote. among the white population, three quarters of a bill white males could vote, and extraordinary proportion, higher than anywhere in the world at the time. even britain, only one out of six adult males could vote. the new united states has the most democratic policies in the world. the declaration of independence was a declaration of 13 independent states with their own constitution. they were writing the constitution before the declaration. there was no national government. there was very little sense of nationhood. jefferson's opening line, that is just a hope, not a reality. when jefferson referred to my country, he meant virginia. the sense of not being united --

let me read read, i gerald ford president of the united states pursuant to the pardon power conferred upon me by article 2 section 2 of the u.s. constitution have granted and by the present and grant full, free and absolute pardon unto richard nixon for all offenses against the united states which he, richard nixon has committed or may have taken part in during the period from january 20, '69 through august 9, 1974. a lot of people have said to me today, wait a minute, hillary has not been charged. >> that doesn't matter. >> if you become the attorney general, donald trump has been clear that we can't have a two-tier justice system and the issues about the e-mail server and the foundation will be pursued. >> also the foundation investigation is still going on. >> do you think obama will pardon her? does hi have the ability to? >> yes. >> is it absolute? >> many in my view and reading of the constitution, don't take it as gospel, i know it fairly well, i believe the president's pardon power is absolute. we're constitutionalists we would like for it not to be, but it is. theoretically he could pardon her for basically anything -- >> she has

they do not believe in the united states constitution, they don't believe in the first amendment, theyhey're trying to topple and intimidate the lawfully constituted government. lou: let me interrupt to the audience, you are looking at protests, demonstrations, call them what you will, the sheriff is exactly right. they are paid professional protesters and provocateurs driving this, but the effect is the same as if it were organic and authentic protests. they are obviously obstructing traffic and being driven by some of the nonprofits including moveon.org and black lives matter to create dissension and disruption, i'm sorry, sheriff, go ahead. >> you're right, this has george soros written all over it, but the passive approach to dealing with these things which many agencies have gone to does not work, it never has. one thing that you have to do is draw a very bright line with the anarchists and let them know if the line is crossed. that's when the looting and the firebombing and that thing starts to occur. all bets are off when you use all reasonable force. i have authorized my office

united states. >> have you even read the united states constitution? i will gladly lend you my copy. >> let me say something that may not be great politics. and that is that the american people are sick and tired of hearing about your damn, e-mails. >> me too. me too. >> you talk about leveling with the american people have you always told the truth. >> i have always tried to. >> some people are going to call that wiggle room. >> i am with you. >> because, hillary clinton, my daughters, now take for granted that a woman can be president of the united states. >> after all when there are no ceilings, the sky is the limit. >> i have much better judgment than she does. i also have a much better temperament than she has. >> ooh, okay. >> the people at home cannot understand either one of you. some one with the temperament of donald trump is not in charge of the lawen our country. >> because you'd be in jail. >> do you make the commitment you will ak absolutely accept the result of this election. >> i will tell you at the time. keep you in suspense. >> that'

united states. that's what that means. that means that the 3 1/2 to 4 1/2 million muslims in the united states should not be protected by the constitution. and i know that a lot of viewers right now are looking at this and saying, well, this has to do with islam, it doesn't have to do with me. but if you think that this kind of autocratic tendency, this sort of abuse of power is going to stop only at muslims, then you don't know your history. >> all right. kayleigh, i know you'll want to respond to this. let me give you a chance right after the break. we'll take a quick break, pick up with, and have a closer look at not just this issue, but also the congressman now chose ton run the cia, mike pompeo. what he stands for and what makes him tick. and later, the real news about fake news. how fake news ended up bamboozling donald trump and there were many, many others who retweeted these stories. stay with us. your insurance company won't replace the full value of your totaled new car. the guy says you picked the wrong insurance plan. no, i picked the wrong insurance company. with liberty mutual new car replacement™, you won't have to worry

and them their even rarer circumstances that than we saw it in 2000 where you can make united states constitution challenges like oh the way they did recount violates actual protection. that was story in 200 oh 0. that's when united states supreme court gets involved. so it can get harry pretty messy in the end. fingers crossed. yes. i think that too, you have inauguration day after the first of year. you're saying that 30 to 45-day window is not really enough to affect the presidencies. right. >> exactly. so ultimately the united states congress, they are the ones who pick the winner. so they are going to do that before inauguration day. so anything that hasn't been central settled or resolved before then is just and keep in mind within the states in meantime, so, maybe the republican candidate wins a particular state. and the democratic candidate wants to make a challenge. well if that state has elected democratic united states senators or house of representative members their votes are being recounted too. so party is going to say whoa time out candidate. whoa. our guys are already in there. w

united states. one of the things i like to finish with is this idea that we're still using that same constitution and same government but it's also allowed us not quickly but definitely allowed us to improve because ultimately, slavery in the united states doesn't really end by the civil war, technically, it's the constitution. 13th amendment. the 15th amendment will give equality in voting by color. 19th amendment gives equality in voting by gender. through the years we have faced every issue that came up and our constitution has allowed us to solve things and continue to move forward. so, again, i always think back to franklin and his rising sun and that's exactly what we've seen through the years. this little humble room is really everything that the united states has been and will be. it's going to grow from events that happened over about a 10-11 year period in this room and it's amazing when you think of this humble place and the men that sat here and the things they did, it's really incredible the things that have grown from this space. the pennsylvania state house is the real name of independ

this is not an arrangement that will ensure compliance with the emoluments clause of the united states constitution. do you agree? >> i don't. ben is a good friend of mine. bright guy. he and i agree a lot more than we disagree on particularly on foreign relations matters. but in this particular instance, i think one thing you have got to look at -- and i think probably donald trump is finding this out right now -- he's going to have his hands full running this country. he is going to have a lot more than he can possibly do. he is not going to be able to run the institutions that he has created, very successful institutions and enterprises. he'll have to have someone else doing it for him. it would just be impossible for him to do, given the demands on the time of the chief of -- >> are you okay with his adult children running all of that -- all those business enterprises? >> well, sure. i mean, that's not unusual, that you have family operations. certainly, most of them, as he has pointed out before, have graduated into, and his son spoke about this quite eloquently on the campaign trail, that the

no other civilization in decline has ever had the united states constitution to save it, to turn it around, to send it back up. the constitution gives the president a fixed four-year term. the constitution gives all of the real governing powers not to the president, but to the congress. the only absolute power the president has is the power to grant pardons. that's it. the congress can control everything else. everything else. the senate controls all of the president's important appointments to the cabinet and the courts, to the senate confirmation process. and the democrats in the senate will have two more senators next year than they have this year. new york senator chuck schumer will take over as senate minority leader. schooled in all the obstructionist parliamentary tools that have been very deliberately granted to the minority in the senate to slow things down, to stop the ruling party from getting carried away. if paul ryan's house of representatives gets carried away with any of donald trump's crazy ideas, senate democrats will be able to make most of those things disappear. using

united states. >> if you look at the mr. donald trump, he uses a lot of emotion in what he says and i question sometimes his allegiance to the united states constitution and his ability to put those extreme judges in the court. however, believe me no one was happier then getting up this morning knowing that he was president. >> my hope is regardless of race or belief that they can still be respected. i think what makes this country, the amount of diversity we have, and different kind of of people and views that they bring to the table. >> i was almost shock, almost confused to the sense that i knew that this is how the process works but i think it was as a result of not enough conversation. >> reporter: students from merion mercy academy an all girls school, also reacted to news of our new leader. >> i was honestly really surprised. it wasn't what i expected just from all of the polls we have been seeing especially in my ap government class we have been tracking everything and it was completely unexpected. >> little bit surprising and concerning. >> i was definitely surprised, i didn't think he would win. >> i was kind of expecting trum top win so it

>> stephanie, the constitution is very clear that public officials, including the president of the united statese not allowed to take gifts from foreign governments. it's a constitutional prohibition that controls. no law can change that. the conflict walls were imposed so the president of the united states is able to act, but it doesn't prevent the president from complying with the prohibition against foreign gifts. the challenge here is that because we know donald trump has interests in so many other countries and is going to continue to do those businesses in other countries, that if a favor is given to that business entity, it becomes a gift -- an illegal gift, an unconstitutional gift to the president of the united states. he has a way of correcting that. the way to correct that is to put his assets in a blind trust or divest himself of those conflicts. so the president is subject to the prohibition against foreign gifts. >> congressman, though we don't know anything for sure, neither donald trump nor his family seem to be giving us any sign that he would put his assets in a blind trust. if

the way the electoral college is set up is that it is in the constitution that the electoral college selects the president of the united states. however, it's also in the constitution how the electors are allocated to the states. but how the states pick the electors is statute law. that's not set by the constitution, that is set by the individual states themselves. so now what we is this winner take alt system, 48 of the state. you would see trump would get 50% and clinton would get 50%. what we have in 48 of the 50 states is whoever gets one more vote than all of the candidates gets all of the electors. what we were talking about last weekend is a plan that try to change the way that states allocate their electors and the idea would be to change the rules so that states would change their electors not to the person who got the most votes in their state but to the candidate that got the most votes nationally. the states have the power to do that. in fact, there are 11 tastes that have passed laws to do exactly this, conditioned on the fact that enough other states passing the laws that would allow some total of the staights t