Fox News Senior Legal Analyst Andrew Napolitano on Tuesday suggested that President Barack Obama could be impeached for implementing automatic spending cuts in the so-called “sequestration” in a way that embarrassed Republicans.

“If you’re talking about the military, for example, the president wants to hire another 100 soldiers, can he only hire 98? Of course not,” Napolitano explained to the hosts of Fox & Friends. “He can hire all 100, and he can take that 2 percent cut in decreased spending and apply it somewhere else in the Defense Department.”

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“The president has an obligation under the Constitution to make the federal government work, and to make it do the things that we have hired it to do,” he continued. “You can’t get on an airplane without going through the TSA. The plane can’t get in the air without an air traffic controller. The country will not stay safe and free without soldiers. These are far more important than other operations of the government, from which he could cut in order to keep those operations that we rely on every day at full force!”

Fox News host Steve Doocy noted that instead of making reductions in spending “as easy as possible,” Obama and his administration were “scaring the living daylights out of people… He’s become President Panic.”

“This is almost an impeachable offense,” Napolitano agreed. “If the president is deciding how to spend money in order to hurt us, rather than in order to provide us with the services for which we have paid and for which we have hired him, he is doing the opposite of what he has taken an oath to do.”

“He has taken an oath to uphold the laws. That means make the government work. Don’t make it painful, find a way to make it work on 2 percent less.”

The former judge concluded: “That’s the way the constitution works!”

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Watch this video from Fox News’ Fox & Friends via Media Matters, broadcast Feb. 26, 2013.