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Prescribed powers of congress to regulate interstate congress. it exceeds the power but it falls within the taxing power granted a constitution. i'm curious to get your reaction to the ruling. >> so the constitution is a pro tax document. we fought an anti-tax revolution which was no taxation without representation because parliament is posing taxes. the constitution is a push-back saying but taxation with representation. because we vote for these folks and we can vote them out. you have term limits called elections every two years. the longest section of the longest article of the constitutio...

Sides of the fence. this has been a day of nothing but delays. looks as though they'll grit it going. >> bret: carl, we'll be back in a moment. the senate top democrat pushes his 1924-page spending package, the top republican altered concise alternative to avoid government shutdown this weekend. jim angle has the tug of war over the omnibus bill. >> the weather outside was rightful, the mood was anything but exciteful. >> they want to ram the bill through congress and using a credit break to vote for it. >> mcconnell offered one-page temporary funds to keep it running until february.

Chair of the dnc, yes? >> i don't think democrats mind this? at least not the hillary cloud. i would think the bernie sanders crowd would be a little testy about it. certainly the ones i know who did vote for trump or didn't vote for hillary because of the positions. bernie sanders used to have trump's position on immigration and trade. funny thing about bernie sanders, i liked him when he was a socialist. i don't like him once he became a liberal. judge jeanine: let's talk about healthcare. they will vote on thursday. donald trump, the president is absolutely confident the nos will change to ...

Wall or interview the people who are going to build the wall. they don't have to over$see the travel bands. or deportation orders or the trade deals. the president should deal with the stuff the path dweelts and congress should be the one writing a law. judge jeanine: you don't think he has political capital in this new healthcare? so why is he doing it? >> especially this bill. this isn't his bailiwick. i hate this bill. all we need to take care of 90% of the people in america, all you need is one sentence saying there shall be a free market in health insurance. congress has the right to regu...

Engage in interstate congress, not regulating it? how will the court decide? well, i must say if past is prologue, and we've been studying these decisions, the court may well uphold the health care law, and here's why. conservatives on the high court, alito, roberts, kennedy and especially antonin scalia, have in past decisions given congress broad authority over interstate congress and, remember, people who don't buy insurance arguably cost taxpayers and the insured somewhere in the neighborhood of $43 billion each and every year. so the question is, does that substantially impact interstate ...