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Soul. jim manley, thank you for your time. joining me now is barry friedman a professor at new york law, and staff writer for the "new yorker" and colleague of mine. this is just a small part of this massive iceberg, right? which is the filibuster. but this is a new innovative use of it. >> well, this -- it's been horrible, absolutely horrible for almost a generation. and it's gotten much, much worse now. and the filibuster is an obviously antidemocratic -- and i think obviously against the spirit and letter of a constitution. the constitution calls for super majorities in seven cases and for ...

Should be. i mean, that's what our constitution calls for, a majority vote, the majority passed obama care was a slender majority, as you say. you say it's very possible a majority in the house would pass a so-called clean cr. isn't that constitutional the way the system works? >> remember, though, the constitution also says the speaker will be elected to be the speaker of the whole house and that the majority controls the house of representatives, that's also the structure for government and they determine the things that will be debated and voted upon and that always hasn't made me happy, ei...

Mismanaged in many different ways. i would, some would acknowledge the difficulties, the problems he's facing and i think this too much is going to congress has lunacy since after all, that is kind of what the constitution calls for and allowed republica republicans have been calling for. he does seem to think this is somehow turning the tables on his opponents in congress by sort of giving them what they wish for and lets them work it out. i think they have him over a barrel because he basically has gone to the congress, one house of which in common, the republicans, and asked them for a poli...

I would hope some people would acknowledge the inherent difficulty of the problem he faces, and i think it's a bit too much to dismiss going to congress as lunacy since, after all, that is kind of what the constitution calls for and it's what a lot of republicans, frankly, have been calling for. where the president has a problem here is that he does seem to think this is somehow turning the table on his opponents in congress by giving them what they wish for and letting them work it out. i'm not sure that's how the plays out. they have him over a barrel because he has basically gone to a congr...

The constitution calls for. and i don't know that he made the case that there is an imminent danger. >> tucker: what is the litmus test for not getting congressional approval is an imminent threat. the president basically said this is so horrible what the assad regime did that we need to act. and if that is the standard, and perhaps it is, then it applies to a the love different countries around the world there are places in congo where atrocities are being committed right now that you can't describe on television they are so horrible widespread cannibalism. mick mike why don't we go in there....