“I don’t think it’s unconstitutional in the sense that I don’t think it’s something you could get a court to find unconstitutional,” Mukasey told Fox News' Sean Hannity.
Mukasey appeared on Fox News Wednesday night, hours after Obama unveiled his proposed executive actions that are being touted as the most groundbreaking gun control measures in a generation. Mukasey also noted he agreed with the Supreme Court's ruling on the Affordable Care Act as constitutional, which "surprised" Hannity.
“So you agree with John Roberts? I’m surprised,” Hannity said. “So...through use of the commerce clause we can now mandate that people buy things?”
“No, he didn’t say you could use the commerce clause,” Mukasey replied. “He said you could not use the commerce clause.”
But Hannity slammed what he called Obama "power grabs," including bypassing congressional approval on Libya strikes, the executive order to halt deportation of undocumented immigrants and the "jamming through" of Obamacare.