• With: Allen West

    WEST: But it's also...

    VAN SUSTEREN: But so -- so there is some cherry picking going on. Is there -- I mean, is there anyone besides Congressman Allen West who is sort of -- you know, is raising -- raising this issue?

    WEST: Well, I don't sit around worrying about what other people say.

    VAN SUSTEREN: Well, yes, except I...

    WEST: But I'll...

    VAN SUSTEREN: Except if you're the only one, chances are, nothing -- you know, that -- it's not going to resonate if you're the only one.

    WEST: I think it's resonating because I'm sitting here talking to you about it.

    VAN SUSTEREN: Well, there is (INAUDIBLE) You're right about that.

    WEST: And I think, furthermore, you know, no one can say that this is not correct. What I just told you is enshrined in our declaration about the inalienable rights of the individual. Those don't come from, you know, President Obama.

    When I talk about the spirit of the laws and the system of checks and balances and separation of powers, that's ingrained in our Constitution. When we start to get away from those things, when we start to have a Supreme Court that is legislating from the bench -- you know, Mark Levin has great book that's out, "The Liberty Amendments," and he's talking about all these end runs going around our Constitution. That's a very serious threat.

    VAN SUSTEREN: But you know -- I mean, I don't want to (INAUDIBLE) too far, but you talk about legislating from the bench, is that it's been typical -- so a typical Republican position that they like exceptions to the 4th Amendment, giving more police powers to the police so they can go in and bust (INAUDIBLE) houses, right?

    WEST: Well, I don't know.

    VAN SUSTEREN: I mean -- I mean, that -- but every time you create an exception of the 4th Amendment...

    WEST: But I'm concerned about the NSA and what they're doing.

    VAN SUSTEREN: No, no. No, but I mean -- but I mean, there's an awful lot of legislating being done by every court under that theory, but it's, like, people are for it if it happens to be something they like. They're against it and say it's bad or it's activism by a court if they don't like it. I mean, there's a lot of quote, sort of, legislating by the bench.

    WEST: Yes, but I'm -- I'm just a straight shooter. And this comes back to another thing that happened with the Affordable Care Act. When they ruled that the individual mandate was lawful because Congress has taxing authority, there should have been one question. Was the individual mandate consistent with the commerce clause? And it was not, and that should have been the end of it, not trying to figure out how you can make it fit.

    VAN SUSTEREN: Well, they also -- well, the Democrats also said and pushed in supporting and pushing the individual mandate that it was not a tax, and then suddenly, later, they wanted to call it a tax.

    WEST: And it was a tax.

    VAN SUSTEREN: No, but there was...

    WEST: Now why do we have the employer mandate being delayed but yet the individual mandate (INAUDIBLE)

    VAN SUSTEREN: Yes, why is that? Got a -- got a theory...

    WEST: You got to ask...

    VAN SUSTEREN: You got a theory on that one?

    WEST: You got to ask the president about that.

    VAN SUSTEREN: What's your theory on that?

    WEST: My theory is that it fits an agenda and I think it is a kickback to those people that are going to benefit from it, just the same as you see with the out-of-pocket expenses.

    VAN SUSTEREN: Yes, but it's not -- you know what? If everybody gets sort of a special deal out of this ObamaCare, the whole idea of it that everyone's sort of contributing and pitch in to sort of lower the cost -- that is going to quickly, very quickly vanish, if not gone.

    WEST: Well, that's why Max Baucus calls it a train wreck, and he was the original author of it.

    VAN SUSTEREN: Yes, I mean, he's the original author of the train wreck comment out of the Democratic Party.

    WEST: Yes.

    VAN SUSTEREN: All right, Congressman, let me ask you about the ObamaCare navigators. They will have access to the personal information of millions of Americans, but the newly hired navigators will not undergo background checks themselves. Do you have any problem with that?

    WEST: I have a huge problem with that.

    VAN SUSTEREN: How does that even happen? I mean, it's, like, they get...

    WEST: But that's what we were just talking about, Greta!

    VAN SUSTEREN: (INAUDIBLE)

    WEST: Yes.

    VAN SUSTEREN: I mean, it's -- extraordinary!

    WEST: It is absolutely extraordinary. And if we don't have people and voices that are standing up and, you know, bringing this to the attention of the American people, then the next thing you know -- you're going to have folks that are only getting 20 hours of training. I mean, they don't even qualify for the ObamaCare coverage because they're not even getting full-time -- that are going to have access to...

    VAN SUSTEREN: Yes (INAUDIBLE) 50 hours, but anyway...

    WEST: Yes. They're going to be having access to your personal records. But yet there are no background checks for these individuals. And a lot of these individuals are tied to the certain types of community organizing groups that are very sympathetic to the left.