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Hammering out details after arms treaty. it intended to keep weapons out of hands of rogue nations. you know there are a lot of those. there are concerns that it could impact gun seals here in the u.s. david lee miller live for us. david? >> reporter: jon, the first draft of the u.n. arms trade treaty says it's goal is to stop the illicit sale of conventional weapons. article ii of the treaty gives a laundry list of the specific weapons that the treaty would control. it includes, tanks, artillery and missiles but it also mentions what critics see as the sticking point, small arms and light wea...

Congressional authority which sets their own recess schedule. article ii which is presidential authority. congress isn't in recess. what you have is a situation where presidents can make recess appointments when the congress is in recess. martha: right. >> that's not the case here. what is making it even i think, martha really more complicated the nominees for the national labor relation board were just made towards the end of december. so they haven't even had time for hearings. this is usurp of congressional authority and power grab by the administration frankly i don't think we've seen in o...

Schedule. article ii which is presidential authority. congress isn't in recess. what you have is a situation where presidents can make recess appointments when the congress is in recess. martha: right. >> that's not the case here. what is making it even i think, martha really more complicated the nominees for the national labor relation board were just made towards the end of december. so they haven't even had time for hearings. this is usurp of congressional authority and power grab by the administration frankly i don't think we've seen in our constitutional history. this was brazen and bold ...

Now, are they nonexistent? suppose congress said something like we're going to take away the president's pardon power, a power that specifically committed to the president by article ii. i think that that would be a hard case. i think a court might say well, you know, notwithstanding the congress tried to do that, congress can't do that. the president has that power, and it doesn't matter what congress says about the matter. but those are very few and far between. for the most part, the presumption is that the president, if told by congress that he can't do something, can't do something. >> ok...

Better than, according to the senators, the good sense that would say you want men and women, whatever their particular sexual orientation, to be able to serve according to their skills. now, we shouldn't be studying this. they have been talking about having a long study. the president of the united states, instead of calling for a study, should have said to the secretary of defense, tell me in 30 days how we can get this legislation moving on the hill. but don't hold this until december. the president of the united states, according to article ii, section 2 of the constitution is the commande...