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Sexual assault, if you have a very convincing case, that could be the real tipping point there, shep. so people just beginning to weigh-in on this latest allegation. we'll see where that goes. >> shepard: john roberts with us from the philippines early on a tuesday morning. let's go to tom lobianco from the associated press. an official from roy moore told brook baldwin on cnn this would be a breach of the constitution if the republicans or if the senate decided not to seat him and seat somebody else. they're playing the constitutional argument now. you know, we'll see how that plays out. your...

White house. how do you force them to abide by the constitution and limit their own powers? >> well, article ii -- the stop resolution 442 if the passed by the majority of the house of representatives only was the house as an institution would bring a lawsuit against the president to enforce his obligation into the constitut n constitution. >> you try to get a judge to declare that the president has done too much? exactly right. you know, the president -- >> if the judge issues it, who enforces the order? >> if the judge finds the president's actions unconstitutional, those actions will be nul...

White house. how do you force them to abide by the constitution and limit their own powers? >> well, article ii -- the stop resolution 442 if the passed by the majority of the house of representatives only was the house as an institution would bring a lawsuit against the president to enforce his obligation into the constitut n constitution. >> you try to get a judge to declare that the president has done too much? >> that's exactly right. you know, the president -- >> if the judge issues it, who enforces the order? >> if the judge finds the president's actions unconstitutional, those actions w...