ANDREW NAPOLITANO: Congress on three occasions, had before it the ability to change the law so that if you give a gun to me, you have to become a licensed gun dealer and do a background search on me. [...] Congress three times said, “no.” He's going to write that into the law, and he's going to prosecute people who fail to do it. That is a blatant violation of the separation of powers which basically says under the constitution congress writes the law --

HARRIS FAULKNER (C-HOST): Well, then how is he doing it?

NAPOLITANO: The president enforces them. He's going to direct agents of the department of -- or the Bureau of Tobacco, Alcohol and Firearms to find out where gun transfers have occurred, where the person's selling or giving the gun didn't have a gun license with which to do so and prosecute that person. Gun license, it's the most difficult federal license to obtain. It takes over a year to get it. That's how intrusive is the background check on the person seeking the license.

[...]

NAPOLITANO: It makes sense that only Congress can write the laws and not the president. So if he were Ronald Reagan, he would be using this as an opportunity to go over Congress' head and get the people to pressure congress to write the laws that he wants. Ronald Reagan did that masterfully. Even Bill Clinton did that in the years when the Republicans controlled the congress. But he's not doing that. He's writing the laws on his own. And as much as I love you and enjoy working with you -- you must have seen a copy of his speech because he likes to compare everyday things like driving a car to owning a gun, like giving a medical prescription to giving a gun. They're in different categories of human behavior.

ANDREA TANTAROS (CO-HOST): And, judge, what you saw really was a constitutional law professor holding what was not a typical White House event. That was essentially, a political pep rally. I mean he walked in and might as well be slapping everyone's, you know, hands, high-fiving, chest bumping. A victory lap. This is what you do after you sign a major piece of legislation after going through the correct channels which is Congress. Essentially, this is a congressional law professor holding a pep rally over the torching of the U.S. Constitution. How can he do this, and what are Republicans supposed to do? Because frankly, I think a lot of people look at the courts, and I know you were a very efficient judge. But frankly, Judge, the rulings coming out of Supreme Court, they're unpredictable, they're a crap shoot. I mean, I think people look at these judges and say where are they getting the decisions from. So what are Republicans supposed to do besides create a political stink that will accelerate Republican turnout?

NAPOLITANO: He may be doing this in order to goad the Republicans, but way to stop this is for someone adversely affected by it, prosecuted under his own written law to be, to challenge it in the courts.

Previously:

What The Media Should Know About Gun Background Checks Before Obama's Announcement Of Executive Actions On Gun Violence

Fox's Ingraham Baselessly Suggests Obama's Executive Actions On Gun Violence Are About Creating A “Government Database Of Gun Owners”

On Fox, Mark Kelly Highlights Overwhelming Support For Proposed Action To Curb Gun Violence