Fox News has gathered reports that suggest President Obama will be signing executive orders on controversial issues such as coal regulation and gay rights — orders that allow him to completely bypass Congress.

To speak on the legality of these executive orders, America Live welcomed Fox News’ senior judicial analyst Judge Andrew Napolitano to the program.

“First of all, an executive order is a piece of paper, signed by the president, directing someone who works for him [...] to do their job the way he wants them to do it,” began Napolitano, who further explained that a president cannot

impose executive orders on private companies. “He can only direct executive branch employees how to do their job,” the judge added.

Nevertheless, Napolitano stated that there are ways in which Obama can lawfully direct government agencies to tighten regulations, thereby influencing the actions of private companies such as banks or bullet manufacturers.

To hear Napolitano explain further, and what he’ll be watching for at tonight’s State of the Union Address, click the video below.