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On the eve of the state of the union address, news leaked that president obama will deliver on a promise he made recently. the president will announce tonight that he intends to use the executive pen to raise the minimum wage for contractors hired by the u.s. taxpayer. nicely done, sir. but weren't you the guy against the executive pen before you were for it? roll it. >> the issue of executive power and executive privilege is one that is subject to abuse. and in an obama presidency, what you will see is a sufficient respect for law and the coequal branches of government. >> oopy, but like cloc...

And -- that's why people still like him. >> because he's likable. >> his job ratings are -- >> and he's really good at reading the teleprompter. >> it's not just that. >> that's why he's so likable, when it's a prepared speech. the big sound bite everyone is talking about is president obama has now said over the past couple days, i have a pen and i have a phone. meaning i'm going to use the executive pen, the executive order to get what he wants done in the last three years of his presidency. the problem is we have a constitution. nice try. you'll be able to do some things. if congress stays s...

Transportation, the effect on businesses, small businesses in particular, who don't really have a big voice in washington, the national federation of independent business put out a video earlier yesterday, which i thought was very good, talking about the strangulation of small business at the expense of unelected bureaucrats, and congress needs to get something done. the president is making a mistake when he thinks he couldn't do something on the minimum wage. he should have at least tried it in congress. if that then failed, he could have gone ahead and done this. >> it's not that he's using ...

Benefitting right now and there will be millions more, and then we'll have a constituency. >> if you have a republican senate and a republican in the white house, you can do away with it. >> what are you going to do with it? >> he's saying it would be unpopular because people are relying on it. fwl something you said earlier, he used the executive pen to allow 800,000 immigrants to have amnesty. >> it wasn't amnesty. >> of course, it is. >> it's for college students who -- >> earned their right to stay, yeah. however, do you think he's going to talk about it, saying i used the executive pen to...

By the way, he's going to take -- take things like gay rights, the environment and other special interest groups down the road as well. he's promised us he's going to do that. when other presidents used the executive pen like should we lower the flag at half when somebody dies. when president obama uses it he changes the way america does business. that pen in his hands is far more dangerous than any other president, at least in modern history, if not ever. >> three more years to use it. let's hope it runs out of ink. dana, your reaction, and welcome back. >> thank you. >> someone who does resp...