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Why isn't he wrong? >> well, i have great respect for rand. i just don't agree with him. the argument that is always made to me is that, well, the president obama was wrong to issue an executive order without congressional consent on daca. well, the president then, president obama, didn't have any legal authority that he was basing his executive order on. in this case, the president has not only statutory authority, given to him by congress, but he has the precedent of 60 past declarations of national emergencies. so to me, it is a distinction with a difference. >> let me ask you on another ex...

Giving the east india company a monopoly and posing a nominal tax on all tea sold in america would create a government with the power to force people to buy tea in the first place. that feels political to me and to equate, to mention the boston tea party and raise the issue of tea party in the year of the tea part. but isn't he wrong to equate it with the power to tax? it's constitutional and is not disputed. >> i think that was a very unfortunate reference. there's a lot in this opinion that i think should have been removed. i did not like how the atmospherics of the opinion read. that was to...

Least in part as the result of opposition to a british mandate giving the east india company a monopoly and posing a nominal tax on all tea sold in america would create a government with the power to force people to buy tea in the first place. that feels political to me and to equate, to mention the boston tea party and raise the issue of tea party in the year of the tea part. but isn't he wrong to equate it with the power to tax? it's constitutional and is not disputed. >> i think that was a very unfortunate reference. there's a lot in this opinion that i think should have been removed. i did...

Opposition to a british mandate giving the east india company a monopoly and imposing a nominal tax on all tea sold in america would create a government with the power to force people to buy tea in the first place. that feels political to me and to equate, to mention the boston tea party and raise the issue of tea party in the year of the tea party. but isn't he wrong to equate it with the power to tax? it's constitutional and is not disputed. >> i think that was a very unfortunate reference. there's a lot in this opinion that i think should have been removed. i did not like how the atmospheri...