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Are Obama's Executive Actions Constitutional?

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    President lawfully bypassing Congress?

  • Duration 2:56
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Well the president likes those Green energy jobs he's also urging congress to pass his sixty billion dollar plan.

To repair roads and bridges across the country.

The president made a speech in Washington last hour part of his strategy to sort of bypassed congress.

And take parts of his jobs bill straight to the American people.

But are these tactics completely constitutional.

Let's talk about it would judge Andrew -- a title he's Fox News senior judicial analyst.

And anchor of freedom watch.

All the Fox Business Network last week we got a pretty much a pronouncement a day from the president some program that that he ordered.

Through executive action only we got mortgage relief on Monday we got some.

Jobs spurring creation.

Ideas for veterans on Tuesday.

On Wednesday we got forgiveness of student loan -- I can the president do.

All this without congress well some of the things when the president as you just spoke goes over the head of congress and Ronald Reagan did that very effectively -- the American people put pressure congress I don't think this president will succeed.

In doing that because his policies are wrong and is out of touch with the American people but he has the right to do that.

But your question does go to the constitutional issue how much of this can -- won his -- Regrettably congress does allow and has allowed presidents.

Not particularly this president because the laws were written before he was president to engage in unilateral executive action so.

If I borrow money from the bank to send MIA and nieces and nephews to college and I don't pay that money back.

And the government pays back the bank I -- the government.

Question can the government modified the terms of the loan with me.

In order to make me vote for the government and the answer is yes -- the student loan program came into existence.

The president was given the power to do this it has never been done.

And so obvious a vote getting way as this president is doing yet but regrettably congress gave the present the -- -- do it it was wrong for congress it is so.

It's basically saying Mr.

President you'll decide.

Who has to stick to their original contracts and who led off the hook you'll decide against whom the laws will be enforced against whom they won't so.

So when he says we can't wait for congress to act he's really saying congress has already given me the power to do what I want yes he issues with respect to the modification of student loans with respect -- modification of mortgages it's it's a little bit in the weeds.

Because some of these mortgages are guaranteed by the FDIC and some of them are owned by the FDIC.

The president really is is treading on on thin nice.

When he attempts to modify the terms of mortgages but there is power in the federal statutes that let it lets him.

Wade into this area without waiting for congress because congress authorized his predecessors to do so.

Gentlemen Paula -- always interesting to get your take on issues like this -- thank you want to is that what it's interesting it is there.