if the president can declare an emergency today on this, democratic president can decide that as you mentioned the gun -- the 40,000 people a year killed in this country is a crisis. why don't we take everybody's guns away or force everybody to register or ban assault rifles or do that without congressional approval? this opens up a dictatorship. it may be something the republicans don't oppose, but tomorrow the democratic president could be something they hate. it's a tremendous shift of power from congress to the president. they can't like this. >> the ultimate thing will be either you win in court -- by any case, you will have layers of delay. you will say it isn't an emergency. fight it out. he appeals it. he has to find land. that's a problem. >> i am confident we will win in court. there's two layers.