President Obama's pen and phone politics: Has he declared war on Congress and the American people?

This is a rush transcript from "On the Record," January 31, 2014. This copy may not be in its final form and may be updated.

GRETA VAN SUSTEREN, FOX NEWS HOST: President Obama saying he has been very disciplined and sparing when it comes to executive action.


SEN. TED CRUZ, R-TEXAS: It's been the pattern of the Obama presidency over and over again to disregard the Congress and disregard the law.

BARACK OBAMA, PRESIDENT OF THE UNITED STATES: We have been disciplined and sparing in terms of the executive actions we have taken.

SEAN HANNITY, HOST, 'HANNITY': He is ruling by executive fiat.

LAURA INGRAHAM, FOX NEWS CONTRIBUTOR/RADIO HOST: This is the imperialism presidency.

OBAMA: Well, I don't think that's very serious.

SEN. RAND PAUL, R-KY: It's either his way or the highway.

UNIDENTIFIED MALE: I'm appalled is he doing this but I'm not surprised.

OBAMA: I've got a pen and I've got a phone, and I can use that pen to sign executive orders and take executive action.

REP. JOHN BOEHNER, SPEAKER OF THE HOUSE: He also has a Constitution and an oath of office that he took where he swore to faithfully execute the laws of our country.

UNIDENTIFIED MALE: The laws of the Constitution should have something to do with what you do as president and it's not what you can do with the pen and the phone.

OBAMA: We have been very disciplined and sparing.

PAUL: I think the president has changed the Constitution. He has decided that it is optional and is he going to obey it when he feels like it.

That is a form of tyranny.


VAN SUSTEREN: Republican Congressman Mark Meadows joins us. Nice to see you, sir.

REP. MARK MEADOWS, R-N.C.: It's good to be back with you.

VAN SUSTEREN: Why is he making this threat? Why is the threat I'll use the pen and phone, instead it's going to be, we're going to work this all out together?

MEADOWS: You have got to find somebody to blame, and certainly blaming Congress is the most popular thing to do right now. Really, and him trying to bypass Congress, he fails to realize that his party was in control for two years, and many of the things that we're addressing today, he didn't address when he had the majority.

VAN SUSTEREN: I was at the immigration speech at American University in July of 2010. He had the House and the Senate. Of course, it was an election year. And he talked about immigration reform. And Simpson-Bowles was an opportunity to do that. He didn't do that. That was then and now we are here. Rather than thinking like how are we going to work together, it is as though he has declared war.

MEADOWS: He has declared war. Just not just on Congress but the American people. When he talks about bypassing Congress, he's really talking about bypassing the American people and their will. And the fact that they showed up and voted. What we see is, we have got some 40 jobs bills sitting on Harry Reid's desk. He needs to pick up the phone and call Harry Reid and say, why don't you take some of those up.

VAN SUSTEREN: It's sort of interesting. He has done this, yet, if you look at the numbers, he has 168 executive orders. They have come in all shapes and sizes. 168 in the six years that he has been president so far. The Bush administration at this time in the second term he had 224, which is actually 56 more executive orders. The Clinton administration before that, at this time had 276, 108. So actually he is on the low end. Of course, what you are doing with executive orders is significant. Yet, for some reason, he has decided this to make this some sort of weapon against the Republicans, rather than figuring out how to rise above it and make the two of you work together.

MEADOWS: You hit a great point. The executive order has been used throughout history dating back to George Washington. The difference here is the way that he is doing it and the fact that he is being selective. And no one, not even the president of the United States, is above the law. We're a nation of laws. And when you start to bypass it, it's troubling.

VAN SUSTEREN: What are you going to do? I know that you are all upset. But are you going to do anything?

MEADOWS: It's time where we have got to get beyond talk. Obviously, there has been a number of things that we have looked at, resolutions, looking to the judiciary for relief. But ultimately, we have to use every weapon at our disposal, whether that's fiscal in nature or the judicial branch. We are co-equal branches.

VAN SUSTEREN: What's leading the pack? If you were to bet right now, what's Republicans going to do who want this to stop? What are you going to say?

MEADOWS: Well, I think there needs to be a look at some judicial relief.

VAN SUSTEREN: So you are going to court?

MEADOWS: So -- perhaps. And I know the real problem is standing there.


MEADOWS: So everybody looks at that and says, well, do you have "standing"? The other is the pocketbook. And we have to really look at that seriously and limit the power the executive branch and some of these agencies that are carrying out these edicts.

VAN SUSTEREN: Well, for the life of me, I don't know, why is he bragging about it and threatening and everything else. He doesn't seem very effective way to try to lead and perhaps get some sort of compromise agreement. But, anyway. We will see what happens.

Anyway, Congressman, nice to see you, sir.

MEADOWS: It's good to be back with you.