Shannon Bream explains the proper role of the Supreme Court that is outlined in the Constitution

Although the Supreme Court is one of the three branches of government, Gowdy asked Bream about the difficulty in their job to decide what is constitutional.

This is tricky stuff because we know we can read the text of the Constitution. You know what it says about life, liberty and the pursuit of happiness and all of those things. But there are rights over the years our courts have found are historic in nature,” Bream said.

Fox News Chief Legal Correspondent and "Fox News @ Night"  anchor Shannon Bream.

Fox News Chief Legal Correspondent and “Fox News @ Night” anchor Shannon Bream.

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