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Executive order. he needs to do it as soon as possible. >> tucker: so this would not be the first time that the u.s. military secured the u.s. border? that is why we have a military. >> the army was there from 1846 to 1946. >> tucker: exactly. why are the white house lawyers telling the president that he does not have the authority to do that? >> that is an easy answer. the president surrounded himself for the last two years with people who are there to subvert him. to obstruct his agenda. everyone is there to tell him no. that is not an answer he should accept. he has the authority, he needs ...

World. of course they need the free mcdonald's more than anybody. the king of sweden as well has got one. you you would be joining that crew which is very exciting. >> shepard: do that if you want. thank you, lily. on this day in 1846. congress passed legislation to create the mitt sownian institution. nearly 20 years earlier a british scientist died leaving his fortune to the united states. he said he wanted the money to help increase and spread knowledge here. james smithian had no ties to america at all. never even visited. a lot of people were surprised by his dying wish. today the smithso...

Here? how far back to you guys go? >> i'm half indian, half africaen, my family has been here four generations. >> four generations so that's starting out in -- >> late 1700s. >> wow. who built stonetown? who built this neighborhood? >> construction started in about 1813. the portuguese colony. we had portuguese, right. they stayed from 1846. they left in 1964. but they lost a lot of power in 1896. >> confused? let's take a step back. the persians were the first major power to set up here around 975 a.d., expanding their empire onto the strategically positioned island. then the portuguese used...

When president obama weighed in on the cambridge professor arrest there, and they said it's hard to weigh in when it's a fair and impartial jury. when you look at the term enemy combatant. we go to 1812, we go to the war between mexico and the united states in 1846, and then you go basically to 1941, the attack on pearl harbor. there's a definite distinction between a state actor that attacks us and a person. again, the global war on terror, there's a nebulous view on how we treat these folks. are they enemy combatants? you can argue that. but they don't adhere to a state but allege ideology.

Long can people there expect to see this kind of flooding in jacksonville or the storm surge? >> basically this afternoon it started to recede, which is good news. we knew we were going to have this onshore flow even before the system made landfall. such a broad storm. in fact, we were talking about jacksonville, i didn't think they would break the record from hurricane matthew last year, but they did. they got up to five and a half feet, and that broke the record by half a foot, all the way up to saint john's river. it beat our dora in the '60s. it was higher than anything they've recorded si...