Does Obama believe in the Constitution he's sworn to defend?

This is a rush transcript from "The Five," January 17, 2013. This copy may not be in its final form and may be updated.

ERIC BOLLING, CO-HOST: Less than four days, President Obama will raise his right hand and swear to God, the Good Lord, above to uphold the Constitution. But will he protect it or continue to shred it the way he did for the first four years?

Obamacare, bail-outs, and now, the latest assault on the Constitution, the Second Amendment.

Senator Marco Rubio weighed on "O'Reilly" last night.


SEN. MARCO RUBIO, R-FL.: Well, I actually think the president and he doesn't have the guts to admit it, he's not a believer in the Second Amendment, although he states that he is. And that's what I'm saying. If his guys don't -- the Second Amendment is in the Constitution. I didn't write the Constitution. Neither did you and neither did he. If he doesn't want the Second Amendment to be in the Constitution or if he wants to reform the Second Amendment, then have the guts to admit that.


BOLLING: Robert, you should kick this one off. Go ahead, my man.

BOB BECKEL, CO-HOST: First of all, this -- you're open and the tease that Kimberly read --


BECKEL: -- was the most outrageous, unfair shot I've ever seen. Our executive producer must have written it.

BOLLING: No, no, I wrote it.

BECKEL: Yes, you wrote. So, it's between the two of you, you guys are so right you make Attila the Hun look like a moderate.

BOLLING: What am I missing? He attacked the Constitution with Obamacare. It got upheld in the courts. He shredded the Constitution when he --

BECKEL: I think that's a little bit of a reach.

BOLLING: The bailouts and then the Second Amendment.

BECKEL: Yes, that's a little bit of a reach.

The interesting thing about Marco Rubio, I spent time with him and I kind of liked him. And now, all of a sudden, he is running for president and the old right-wing Rubio is coming out. That kind of he does have the guts to say it --

GUILFOYLE: That's just not true, Bob.

BECKEL: He's got a mean streak and you can see it.

GREG GUTFELD, CO-HOST: Yes, that's funny coming from you.

GUILFOYLE: Yes, right?

BECKEL: I don't have a mean streak.

GUTFELD: No, you don't because you're entirely mean.

GUILFOYLE: Double dig.

BECKEL: Yesterday, you interrupted me twice.

BOLLING: Can we just talk about this for a second? I mean, we're just taking for granted on Monday, the president raises his right hand and promises, swears to uphold the Constitution. Does he or does he promise to change it in the way he wants it?

DANA PERINO, CO-HOST: What he did yesterday with the 23 executive orders on dealing with guns, as I said, was pretty weak tea. And the Supreme Court has already said twice in the last five years that the individual right to up on a gun is upheld. And those are very strong decision.

And also, he is not going to be able to get anything through Congress.

So, I think that the Second Amendment will be OK. I understand why people need to fight for what they believe in. But as far as the executive order, I don't think there was much there that is going to change anything.

BOLLING: Before you guys jump in, throw out that full screen, we contacted the 11 senators, the 11 Democrat senators who either rated A or B by the NRA.

Throw the list up there. Do you have it? If you have it, throw it up there. It's coming.

Here it comes, they tell me it's coming.

Harry Reid is one of them. He got a B. And there were 10 others that received an "A" by the NRA.

Kimberly, if these people are getting "A's" and "B's" by the NRA, do you think they're going to vote to change the Constitution in the way President Obama wants them to?

GUILFOYLE: Oh, absolutely not, because now the NRA, like they poke the cage and they're super mad. This is going to be all out war.

So, they are not taking it sitting down. They got tremendous amount of support. Record numbers of people joining, giving money.

Look at the number of gun sales, ammunition sales. Everything that's going on.

They have the sentiment in their favor in many respects and especially with these constituencies of these elected officials. If they want to hold on to their position, and their donors, they're going to have to tread carefully.

BECKEL: The same NRA that used Obama's children disgracefully and disgustingly in an ad yesterday. But on top of that, the first guy on that list is Max Baucus. I did his very first campaign for the United States Senate.

I understand. He is from Montana. I understand --

GUILFOYLE: Did he win?

BECKEL: Yes, he won. Obviously, he wouldn't be up there.

GUILFOYLE: And you brought him in?

BECKEL: Yes, I did, as a matter of fact. But that's not the point.

The point is that Baucus I think will vote at least against more than 10 bullets in the clip.

PERINO: They'll never have a chance to vote on it.

BOLLING: Dana, I am 100 percent, 1,000 percent agree with you. I don't think Reid has the muster, has the cojones to bring it to the House -- to the Senate floor for a vote.

Greg, go ahead.

GUTFELD: I've got to give Obama credit. His previous gun control plan was exporting guns to Mexico. So this is actual progress.

But there's the big point. This is a great issue for the left because they appear to be tough on crime, when really they are only tough on guns. If they really cared, there'd be federal handgun laws that stipulate heavier penalties for people who use handguns, repeat offenders. Why not a federal law for three strikes you're out for robberies and homicides.

BECKEL: Because the NRA are the thugs --

GUTFELD: No, no, it's liberals.

BECKEL: That's ridiculous.

GUTFELD: I'm sorry, Bob. No, why do you on the left only focus on 1 percent of the crime when in Chicago, you have -- you have what one Newtown every two weeks, if you have 42 people dying? Why is that not a problem?

BECKEL: I don't know, Greg. But let me just say to you across the table --

GUTFELD: You interrupted me and I'm fighting back.

BECKEL: I'm interrupting you again, that's what you said yesterday.

GUTFELD: No, no, no. Handguns are the weapons of choice for criminals. Why aren't you talking about that?


BOLLING: Allow me.

BECKEL: I'm for banning handguns.

BOLLING: Let's -- now you're for banning --


GUTFELD: They demonize the NRA, but they won't talk about gangs.

BECKEL: It's easy to demonize the NRA because they are the evil.

GUTFELD: Dangerous as the Latin king?

BECKEL: They are the most evil lobby in all of Washington.


BOLLING: I'm glad you guys are doing this. Hold on, guys, hold on.

Let's take a look at a Wall Street Journal poll that shows what American people think of the NRA and let's take another group that has been singled out as a reason why some of the violence is going on. The NRA -- people had 41 percent approval rating. Hollywood had a 23 percent approval rating, in the poll by the Wall Street Journal.

Roll a tape of Hollywood's number one, let's call them dons. Watch.


QUENTIN TARANTINO, FILMMAKER: I refuse your question. I'm not your slave and you're not my master.

I am here to sell my movie. This is a commercial for the movie. It's not my job to flesh it out.

KRISHNAN GURU-MURTHY, REPORTER: No, it's my job to try and ask you to --

TARANTINO: And I'm shutting your butt down. You know where I stand on it.

GURU-MURTHY: Which is that there is no relationship --


GURU-MURTHY: But you haven't said why you think there is no relationship.

TARANTINO: It's none of your damn business what I think about that. I'm shutting you down.


BOLLING: Here is the problem. Of the four legislative orders that President Obama is looking for and the 23 executive orders that he signed yesterday, not once, not once did he mention Hollywood, Bob. Not once.

BECKEL: I think that was a mistake, but the poll you brought up, that means 77 percent don't like -- disapprove of Hollywood. And 58 percent disapprove of the National Rifle Association.

GUILFOYLE: Your numbers are wrong.

BECKEL: No, I didn't.

BOLLING: NRA had 41 percent approval --


BOLLING: And Hollywood had --

BECKEL: Well, I'm just saying --

GUTFELD: If you cared about crime, because right now -- I'm for background checks. But this is all smoke and mirrors until you talk about longer sentences for repeat offenders of handguns.

BECKEL: They got them.

GUTFELD: The left's wisdom is that redneck Americans who are clinging to their guns and religion. Ninety-nine percent of the gun violence is in the city and that's a third --


BECKEL: They have three strikes, you're out.

GUTFELD: No, I'm talking about a federal law for handgun crime. Why isn't Rahm Emanuel talking about the 500 people that died in Chicago?

Philadelphia has more four times the murder rate.


BOLLING: Very insistent on using the Newtown massacre as the crisis that's not to be wasted.

BECKEL: It's not a bad idea either. I mean, 20 kids and you guy are talking actually about the National Rifle --

GUTFELD: How many dead kids in Philadelphia?

GUILFOYLE: And now, you want to ban handguns?

BOLLING: We've got to go.

BECKEL: I've said that from the very beginning.

GUILFOYLE: You're liberal Kama Sutra, using so many positions --


BOLLING: Kama Sutra, on that note --

GUTFELD: That's a good idea for a book.

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