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First amendment. if you want to get into it. >> harris: i do just a little bit so people understand how it works. >> sure. >> harris: an how far apart the reality is from what they're talking about. that's what you're mentioning. >> yes. the clause prohibits the president of the united states from being paid directly for some side business he's in or some favor he does while he's the president of the united states. that's an understandable prohibition. you don't want the president having another job. you don't want the president being paid by somebody for doing something he's supposed to do as...

Jay. if they don't have insurance. most americans have insurance so that's just not -- >> well, i should tell you -- >> well, it was how it was sold, juan and this is the issue. a vote for obama, and we go back to the chief justice, and when he says it is not our job to protect the people from the consequences of their political choices, we have a constitutional issue about whether or not -- four men in black robes said no, five said yes. so we have a constitutional issue that is at hand here but we also had have a political one. the political one is this election is now a tipping point electi...

Jay. if they don't have insurance. most americans have insurance so that's just not -- >> well, i should tell you -- >> well, it was how it was sold, juan and this is the issue. a vote for obama, and we go back to the chief justice, and when he says it is not our job to protect the people from the consequences of their political choices, we have a constitutional issue about whether or not -- four men in black robes said no, five said yes. so we have a constitutional issue that is at hand here but we also had have a political one. the political one is this election is now a tipping point electi...

Jay. if they don't have insurance. most americans have insurance so that's just not -- >> well, i should tell you -- >> well, it was how it was sold, juan and this is the issue. a vote for obama, and we go back to the chief justice, and when he says it is not our job to protect the people from the consequences of their political choices, we have a constitutional issue about whether or not -- four men in black robes said no, five said yes. so we have a constitutional issue that is at hand here but we also had have a political one. the political one is this election is now a tipping point electi...

All of the disenfranchised voters, if you will, feel or at least felt burned by passion, meaning they voted for passion, voted for rhetoric, voted for this image of something and now they've decided maybe i don't need that. maybe i need brass tacks and that's romney if he's going to win that independent mind that's frustrated on the obama side that's where he scores points. >> i would agree with you in the position that where the president was a month or two months ago but i think that, as you've seen the president do better, sharp message on jobs and the economy, obviously global events he's ...