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Talking Points

Figuring Out the Constitution

BY BILL O'REILLY

Thursday in the House of Representatives some members of Congress read the Constitution, it was kind of boring but the symbolism is worthy. We are a nation ruled by law.

The problem is understanding the law.

Many Americans feel they absolutely know what the Founding Fathers have in mind. That's dopey. We can certainly have an opinion but you can never know.

Right now, the Constitution is in play because of "Obamacare" and a few other issues so let's take a look. "Talking Points" has said from the jump that the federal government cannot force you to buy something unless there is a public safety component like car insurance. If you hurt somebody with your car you must be able to right that wrong financially.

But individual health insurance is quite another matter. The president supports the law primarily because it gives impoverished uninsured people a free ride but the Constitution does not mandate coerced purchases in order to support entitlement. That is a socialist tenet.

Yes, Congress has the power to tax and can use the money anyway we want. But forcing citizens to buy health insurance is unconstitutional in my humble opinion.

Then there are the anchor babies born to illegal aliens on American soil. Under the 14th Amendment, they automatically become citizens. Think about it. Do you think the country wanted that when it ratified the 14th Amendment in 1868? Of course not. That amendment was designed to make sure that free slaves got citizenship. Now it's used to encourage foreigners to sneak across our borders to give birth. Thus the Constitution is being misused.

The Founding Fathers created the Supreme Court to deal with these matters and the court will eventually hear the "Obamacare" mandate case. Megyn Kelly will have more on this coming up.

And most likely the court will hear the anchor baby deal as well, but the Supreme Court is now politicized. Some liberals believe the Constitution is an evolving document while some conservative jurors say the original intention always be upheld. Thus, at times the justices vote their ideology rather than what the Constitution actually dictates.

So it's a mess. The Founding Fathers would never have supported Roe versus Wade but legal abortion is the law of the land. There are many other examples. Bottom line, the Supreme Court still rules what it says, go. Democracy is a messy thing. Our system is the best but it's flawed.

And that's "The Memo."

Pinheads & Patriots

And finally, "Pinheads & Patriots" actor Kevin Spacey out promoting his new film, "Casino Jack." And in the process he did this.

(BEGIN VIDEO CLIP)

KEVIN SPACEY, ACTOR (Imitating Johnny Carson): Do we have to go to a break. Any chance? Can anyone tell me? One -- we have one minute? One minute. How about that? Jimmy, how the hell are you?

JIMMY FALLON, HOST, NBC'S "LATE NIGHT WITH JIMMY FALLON": Well, Johnny, I'll just tell you, I'm so happy to be here. I watch you all the time and everything. I want to show you my new...

SPACEY: Are you doing "Gomer Pyle" now?

FALLON: More of Jim Nabors.

SPACEY: More -- more of Jim Nabors. How have you been? Do you enjoy doing the show? Is it fun.

FALLON: It's actually a lot of fun. We have a lot of fun guests. Talented guests like the great actor Kevin Spacey.

SPACEY: Monologues can be tough, though, can't they?

I just like sitting here watching you suffer.

(END VIDEO CLIP)

Dead on. So is Mr. Spacey a pinhead or patriot for that imitation? Please vote on BillOReilly.com.

Earlier this week we asked to you vote on Arnold Schwarzenegger's governorship. Is he a pinhead or patriot for his political performance in California?

Well, 80 percent of you think Arnold is a pinhead for what he did on the job. Just 20 percent think he's a patriot. By the way, that poll is our biggest "Pinheads/Patriot" poll ever.