President Obama has said that he will sidestep Congress with executive orders if lawmakers don’t approve legislation.

Who is he acting for if he is acting on his own, and is he crossing a legal line? Judge Andrew Napolitano was on The Kelly File to answer those questions.


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“He probably will act for his friends, he probably will act for his base, for his supporters," Napolitano said. "Let’s say members of labor unions, whose pay he might be able to affect if they work for corporations who are doing business with the federal government.” Napolitano said that Obama can’t change the minimum wage without Congress, but he could change the minimum wage that the federal government pays to its contractors.

Napolitano explained executive orders, saying that the president must enforce the laws as they were written and intended. He said Obama can cross the line if he changes a law by enforcing one part and not another.


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Kelly pointed out that the Supreme Court said Obama has a lot of latitude in terms of regulating Congress.

“In fairness to President Obama, it is Congress that has given the president - this president and his predecessors - this kind of leeway. It is Congress that has allowed the president to get away with this. It is the Congress that could stop him, and it is the Congress that will probably roll over when he does it,” Napolitano said.

Watch the video above for more.