As of Monday night, a top Senate Republican says the Justice Department has just missed a deadline to give legal justification for President Obama’s use of executive orders.

Previously, Republican Senator Mike Lee (UT), a member of the Senate Judiciary Committee, grilled Attorney General Eric Holder over whether the president’s behavior is constitutional.

Tonight on The Kelly File, Lee said he plans on questioning Holder again. “The Constitution is being openly flouted and that’s hurting the American people.”

Megyn Kelly pressed Lee on what can actually be done. Lee responded, “The best thing we can do in Congress is to withhold funds, for Congress to exercise its power of the purse.”

Kelly asked Lee what are the odds of that happening. Lee said the more Americans endure the negative effects of President Obama’s policies, the more pressure Congress will feel to start changing the way money is spent by the government.