We're in Day 8 of ObamaCare and the partial government shutdown, and nine days away from reaching the deadline for the debt ceiling to be raised. Fox & Friends discussed the D.C. standoff with Judge Andrew Napolitano, specifically asking what the Constitution says about Congress refusing to fund a program they do not agree with - in this case, ObamaCare.

The judge explained that the Constitution lays out a two-step process for a law to be enacted. First, the measure has to be passed and signed by the president, but then it has to be paid for by Congress.

He conceded that Congress does not often take the step of trying to defund a law.

"When the Democrats are saying 'it's the law of the land, you have to pay for it,' that's nonsense. The Constitution says they don't have to pay for anything they don't want," he said.