Oh no, no, we have a lot of legal stuff to talk about today. Of course. Were going to lean on you for your expertise on that today, all things legal, and of course, start out with the news of the day, waiting on the president s big announcement tonight in prime time, going it alone. President obama will announce plans to use his executive powers to make massive changes to americas immigration system, effectively legalizing up to five million Illegal Immigrants. The white house and its backers in congress saying without question the president has the authority to do this and that his predecessors, both republican and democrat, have done the same. You cant say to a president dont be an executive no more than anybody can say to the congress dont legislate. He has the legal authority, and there is precedent of every president in modern history. The president is determined to use all of the authority that he has, thats vested in the presidency, to take the steps that can try to fix some of the problems that everybody acknowledges exist inside our broken immigration system. This is consistent with steps that were taken by president reagan, president george h. W. Bush and other president s over the course of history that have used their executive power to address problems with our broken immigration system. But republicans are outraged over what the president is set to do, accusing him of triggering a constitutional crisis and saying hes acting like a monarch. What president obama is doing is he is defying the law, hes defying the constitution. You know, the president quite rightly said just a few weeks ago his policies were on the ballot all over the country. This last election was a referendum on amnesty, and the American People overwhelmingly rose up and said, no, we dont want lawless amnesty. So whos right, judge . I mean, senator ted cruz says were witnessing a constitutional crisis, and then you heard from josh earnest and nancy pelosi saying hes acting within his powers. Well, every branch seems to want to go for the power grab. The legislature does it with the judiciary all the time, and in this case the president , in my opinion, is completely wrong. The reason is the president does have certain amount of authority under his powers to issue executive orders. If he were to say im going to order that the department of Homeland Security since we have limited resources start by deporting criminals and dont deport anybody whos not a criminal until weve deported all the criminals, that would be within his authority. The difference here is that hes not saying that. That would not offer protection to the people he wants to protect. What hes saying is im going to prevent deportations of these people who the law says should be subject to deportation. And by doing that, what hes doing is acting as a legislator. Hes rewriting the law. Hes turning around and saying, okay, i dont like the way the law is written, and congress isnt playing ball with me and changing the law, so im just going to stop the enforcement of the law, and that is a dereliction of his duty as the, you know, the president , his executive duty is and the oath he swears is that he will faithfully enforce the laws. And this is the problem that republicans have with all this, right, andrea . Yeah. They say there isnt a precedent for this, and there really isnt. If you look back at what Ronald Reagan did and 41 did, they were responding to an unintended consequence of an action that Congress Already took on immigration to make sure that these kids could stay with their parents. It was a very small, minor tweaking of the law that both of those president s did. Nothing like the judge just explained. And i do think its going to cause a constitutional crisis because this likely, judge, will head to the courts. And what happens if the courts tell president obama he cant do this . Then what . Well, first of all, realize that this is going to take time. I mean, unless they can get this heard immediately which i honestly dont know if they can unless they can get this herd immediately heard immediately, i think the real effect is that the president finds himself in a situation where the momentum has shifted from being in favor of the democrats to in favor of the republicans, and theres an election coming up very soon. I think what hes trying to do is shift it back by making the republicans overreact and making them become the disliked party again. If thats the goal and the republicans bite into it, it doesnt really matter what the court does down the road. It wont make a difference because they will have already soured the American Public on the republican party. Theyre already soured and split on immigration, you know . A majority of the people in this country want to see immigration reform. They want that. They know the system is broken. They know there are a lot of people here. There should be a Better Program for guest workers, there should be more visas, and republicans talk about amnesty. Is this amnesty . Is what the president doing, will this action equate to amnesty . No, i dont think its technically amnesty because amnesty is giving them citizenship they the same thing though . Under no stretch of the imagination is he giving them citizenship okay. But are are amnesty and citizenship the same thing . In effect, yes. Hes basically saying im not giving them citizenship because its laughable to think that i could do that. But im going to stop enforcement and give them work permits which kind of is if what we expect hes going to say is actually what hes going to say which is kind of the same thing. As andrea pointed out, what bush and reagan did which was to about 120,000 people, not 11 million right. Was amnesty had been given to the parents and, basically, while the path of citizenship was working to get the children citizenship, they were protecting the children to not split the families. This is taking people and just basically giving them blanket protection from an existing law that hes supposed to enforce, and thats why i think its unconstitutional. Well, and as you were talking about, where does that leave us, though, with the criminals who need to be deported . How will the president phrase it . And what does that mean politically . We just touched on that a little bit, so lets talk about the political fallout and what that will be if president obama takes executive action on immigration. A new wall street journal nbc news poll has found that 48 of americans are against the president doing this. Anger is growing among the gop, many saying it could derail their agenda before the new Congress Even convenes. But republican congressman marlin stetsman of indiana urges his party to remain cautious in its response to the president. Watch. There is a lot of frustration with the president. Theres anger with the president. Theres a sense that he has just violated the trust of the American People again. We have to, we have to guard our tongue. We have to keep the right tone because we are going to take the senate back and control that in january, and then we can really fix the problem. All right. So i want to focus in on what he just said about striking the right tone. Andrea, what does that mean . What is the right tone . Well, i think well have to wait and see what he says this evening. But i thin no, in terms of republicans taking well, republicans have to be very careful, because as the judge pointed out, obama is banking on republicans overreaching. He is double daring them into impeaching him, and i think this is all about politics because he knows when republicans come back, they could pass a clean Border Security bill. He doesnt want to be boxed in, harris. Thats why hes acting on his own to try and get out there first and say im going to do this on my own. By the time the courts get to this, this will already have been long gone because its going to take a while. By that time the republicans will have overreached, overplay their hands on it. Thats what hes banking on. You know, judge alex, and weve talked about your familia coming here, coming from abroad and your own immigrant journey as your family pertains to, im curious, does this compromise the gop when trying to vehicle out members of the to seek out members of the hispanic and Latino Community . Well, yes and no. Obviously, the Hispanic Community is not fungible. Every hispanic is not the same as every other right, just like the mr. Speaker community black community, you cant speak for everybody. So there are some who, like me, you know, i am certainly aware that this country is a country of immigrants, but its also a country of laws. My family came here legally, thank god to the graciousness of the American People opening their arms to us. And you have to follow the law. If you dont follow the law, then where are we . So you cant justify people just basically ignoring the law and then reward them because what that does is it encourages more breaking of the law. So i think there are hispanics that say, yes, you know, i want to see my relatives and my family members come over, so im in favor of this, but i think there are some that say, you know, im all for that, but you got to do it within the rules. So i dont think its a lock. You know, sandra, i dont know that well hear the president talk about this tonight, but it is one of the things that americans have expressed in pollings and surveys they talk about, and that is the cost to municipalities and School Districts. Talk about that. Thats a huge consideration and, obviously, the timing of this is crucial when youre looking at an economy that still has not recovered from the greatest recession since the great depression. But House Speaker john boehner put it best possibly when he said this announcement tonight will poison the well for cooperation with the upcoming republicancontrolled congress. Isnt that the bottom line . The honeymoons over, the kumbaya moment is over, and if this happens tonight, were not going to see that moment where we do see both parties come together . Yeah. Real quickly, kennedy, i dont think we saw that moment. I didnt see the group hug, did you . No. And both Speaker Boehner and leader mcconnell have said, you know, we dont agree necessarily with the president , he doesnt necessarily agree with us, maybe well find some compromise, thats what you do. But the president trying to box republicans in, hes making a bad political move. Yes. And i want to point out, latinos only approve of this measure by six percentage points, and i realize theyre not voting in blocs, they would think the approval would be 670, 80 , but its not. 37 percent of them disapprove of this unilateral action, so who is it benefiting . Thats a very good question. The president is contradicting himself and the statement hes made over the last four years. Could i quickly say, this is a constitutional tantrum on behalf of the president . Its the precedent that takes us to a very dangerous and ugly place down the road. Okay. Theyre giving us the hard wrap. Get ready to hear this a lot, youve been grubered. [laughter] the obamacare architect making yet another video appearance. This guy loves the camera. This time in a campaign ad. Hmm. Its targeting embattled democrat Mary Landrieu down in louisiana. And the makers of barbie are apologizing after offending a lot of people with a book about a barbie Computer Programmer whos not all that good with computers. She needs some people to help her, and theyre male. They pulled the book, but is the damage already done . And right after the show catch more from the couch on the weapon. Join us for outnumbered overtime by logging on to foxnews. Com outnumbered and click on the overtime tab. Well be sitting there reading our twitter and your comments on the live chat. You can get in on the conversation, chime in while you tune in. Stay close. Mheres our new trainer ensure active heart health. Heart im going to focus on the heart. I minimize my sodium and fat. Gotta keep it lean and mean. Pear uhoh. Heart i maximize good stuff like my potassium. And phytosterols, which may help lower cholesterol. Major im feeling energized already. Avo new delicious ensure active heart Health Supports your heart and body, so you stay active and strong. Ensure. Take life in. Bulldog [yawn] bulldog i just had a dream i was at mattress discounters with tempurpedic and the Largest Selection of memory Foam Mattresses under one roof icomfort, by serta. Optimum, by posturepedic. Ahh comforpedic, by beautyrest. Ooh 48 months interestfree financing, free delivery, and queensize memory Foam Mattress sets as low as 697 thats more mattresses than you can shake a bone at. Mattress discounters im just looking over the company bills. Up . Is that what we pay for internet . Yup. Dsl is about 90 bucks a month. Thats funny, for that price with comcast business, i think you get like 50 megabits. Wow thats fast. Personally, i prefer a slow internet. There is something about the sweet meditative glow of a loading website. Dont listen to the naysayer. Switch to comcast Business Today and get 50 megabits per second for 89. 95. Comcast business. Built for business. Welcome back to outnumbered. Well, you knew it was coming, Democratic Candidates getting grubered. Yes, jonathan gruber, the nowinfamous obamacare architect, caught on at least half a dozen videos calling americans stupid and admitting the administration misled people to get obamacare passed. Now making his first appearance, yes, in a campaign ad. This one targeting louisiana senator Mary Landrieu whos facing a runoff with republican congressman bill cassidy. Watch. Senator Mary Landrieu sold obamacare to us the washington way, with false promises and deception. And obamacares chief architect admits it. Lack of transparency, the stupidity of the american voter, that was really, really critical to getting this thing to pass. And Mary Landrieu says she would still vote for obamacare again. Ouch. Okay, i know Mary Landrieu wants to make out with obamacare. [laughter] she wants to be an adult rest with obamacare drultress. These voiceovers are hysterical. Was that you . Well, i dont like to admit ive been moonlighting, but, yes. [laughter] shes in trouble if louisiana. Hes already in trouble shes already in trouble. She was in trouble when she ran around like a cheerleader promising kidneys to 15 different people [inaudible conversations] keg stand. Less keystone, less keg stand for mary. And now she has to worry about her love of obamacare coming back to bite her because of grubers words. But, kennedy, Going Forward do you think this gruber guy will still be able to be in political ads in, say, two years when candidates have to run again . No. The way the news cycle goes, i think voters are very fickle when it comes to these political sign posts that they latch on to briefly, and getting grubered might have its most strenuous bite with the Supreme Court because the words he has used in public might come back to bite the administration when they are presented in a judicial light. Speaking of that, judge, how about that . Okay, so the supremes are going to look at the case where the democrats said, hey, it was just a drafting error, we didnt mean to say that if states set up an exchange, they wouldnt get the subsidies from the federal right, from the federal government. How do you think the supremes are going to rule when the democrats are claiming they made a drafting area, but the law is pretty clear on that one. Well, a general principle of construction is if its not ambiguous, the court cannot rewrite the law. Were judges, were not legislators, and thats where the separation of powers comes in. So i can, as a judge, if a law is ambiguous on its face, then i can impose judicial interpretation based upon other factors in the law, but i cant take something thats clear on its face and say, no, i think what they meant was this, especially when all the evidence is to the contrary. And in this case, you know, i hate to predict what the Supreme Courts going to do because, frankly, they do what they want to do, and the law is what they say it is and, you know, proof of that is segregation was fine until they said, no, its not, you know . Laws change oveime. That being said, id be surprised to see them interpret that differently. Its clear on its face that the state exchanges entitle people to subsidies. Theres not the federal. So i think its a tough, tough problem for the obama administration. And if they dont, the whole law will unravel. Very quickly, i do think that gruber, both of you, these comments will haunt especially when the employer mandate i think they can continue to use him in ads. If this proves to be effective for them, although i havent read anything that landrieus going to win with or without this sort of thing. I do find it interesting that, you know, gruber now who likes to get paid may want to get some residual paychecks from all the videos hes going to be appearing in. [laughter] josh earnest saying these are 68yearold videos is just a farce because these are brand new to the public and still fresh in our minds as we look to see what happens next with the health care bill. Were awaiting a ruling on whether a lawsuit can move forward that claims reciting the pledge of allegiance in schools is discriminatory. The battle over one particular phrase, coming up. And when you go to college, you expect questions like what are your career goals and, oh, you know, other stuff, but not how many sexual partners have you had in the last three months. [laughter] thats exactly what students at one university are being asked. Well explain. [ fishing rod casting line, marching band playing ] [ male announcer ] the rhythm of life. [ whistle blowing ] where do you hear that beat . Campbells healthy request soup lets you hear it in your heart. [ basketball bouncing ] heart healthy. [ mm. ] great taste. [ tapping ] sounds good. Campbells healthy request. Mm mm good. ® osteo biflex® with joint shield™ nurtures and helps defend your joints so you can keep doing what you love. Wha