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Favors promised to Bill Nelson are Unconstitutional (Vanity)

Posted on 12/19/2009 2:32:04 PM PST by bw17

Nelson’s Nebraska To Receive Extra Medicaid Funds Under Senate Bill

This morning’s managers amendment to the merged Senate health bill goes a long way towards satisfying the demands of Democratic hold-out and all-important 60th vote Sen. Ben Nelson (D-NE).

Nelson has recently complained that the proposed expansion of Medicaid to those earning below 133% of the Federal Poverty Line (FPL) would burden his state of Nebraska and suggested that states should be able to opt-in to the program.

Under the current merged legislation (the version unveiled on November 18th), the federal government fully finances care for the expanded population for two years and increases its matching funds (known as FMAP) thereafter. Page 98 of the managers amendment specifically identifies Nebraska for higher federal matching funds, fully funding its expansion for an additional year:

‘‘(3) Notwithstanding subsection (b) and paragraphs (1) and (2) of this subsection, the Federal medical assistance percentage otherwise determined under subsection (b) with respect to all or any portion of a fiscal year that begins on or after January 1, 2017, for the State of Nebraska, with respect to amounts expended for newly eligible individuals described in subclause (VIII) of section 1902(a)(10)(A)(i), shall be determined as provided for under subsection (y)(1) (A) (notwithstanding the period provided for in such paragraph)

Subsection (y)(1)(A) refers to page 399 of the original merged Senate legislation which fully funds state Mediciad expansions for the first two years. The manager’s amendment also provides 2.2% increase in FMAP to help states finance their existing Medicaid programs.


TOPICS: Health/Medicine; Politics
KEYWORDS: benedictarnoldnelson; benedictnelson; bennelson; bennotbill; benodictarnoldnelson; benodictnelson; democratcorruption; democrats; health; healthcontrol; nebraskawhore; nelson; welfare
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Granting special privileges to a certain state using tax payer dollars is a direct violation of the general welfare clause of the Constitution. In United States v. Butler (1936), Justice Owen Roberts stated that the clause limited Congress's reach to matters of "national, as distinguished from local welfare".

This clause clearly designated "local welfare" specific to Nebraska. It should be immediately challenged by Republicans before Nelson votes, so that he knows that he'll be getting none of the pork promised him once the bill is challenged in the Supreme Court.

1 posted on 12/19/2009 2:32:04 PM PST by bw17
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To: bw17

Hahahahaha! The Constitution... how quaint.


2 posted on 12/19/2009 2:34:02 PM PST by Rodebrecht (Those who can make you believe absurdities can make you commit atrocities.)
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To: bw17
Favors promised to Bill Nelson are Unconstitutional (Vanity)

"Ben" Nelson, not "Bill." Bill Nelson is the Dem senator from Florida, Ben Nelson is from Nebraska.

3 posted on 12/19/2009 2:36:07 PM PST by Charles Henrickson (Mutual of Obama: Because we don't trust you to take care of yourself.)
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To: bw17

Your statement should be sent to all the Republican Senators. Maybe someone will get the right idea.


4 posted on 12/19/2009 2:36:22 PM PST by mickie
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To: mickie

Republicans don’t care about the Constitution, either.


5 posted on 12/19/2009 2:37:35 PM PST by Rodebrecht (Those who can make you believe absurdities can make you commit atrocities.)
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To: Charles Henrickson

Correct. I typed it too hastily. My wife is hovering over my shoulder telling me that company is coming in 25 minutes.

Mods, please correct the title.


6 posted on 12/19/2009 2:38:07 PM PST by bw17 (D)
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To: Charles Henrickson

Correct. I typed it too hastily. My wife is hovering over my shoulder telling me that company is coming in 25 minutes.

Mods, please correct the title.


7 posted on 12/19/2009 2:38:10 PM PST by bw17 (D)
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To: bw17

The whole thing is unconstitutional - why should an unconstitutional amendment slow things down?

Besides - they will probably strip this in conference anyway - don’t they only need 51 votes to pass the combined version?


8 posted on 12/19/2009 2:38:40 PM PST by utford
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To: Charles Henrickson

“Ben” Nelson, not “Bill.” Bill Nelson is the Dem senator from Florida, Ben Nelson is from Nebraska.”

Is there really a difference? They both suck.


9 posted on 12/19/2009 2:38:40 PM PST by Comparative Advantage
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To: bw17

No State or District should be exempt from this if it is passed. These state deals are utter BS and only compound the problem for the other States liable to pick up what the exempt States will not have to pay.


10 posted on 12/19/2009 2:38:40 PM PST by cranked
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To: bw17
"This clause clearly designated "local welfare" specific to Nebraska. It should be immediately challenged by Republicans before Nelson votes, so that he knows that he'll be getting none of the pork promised him once the bill is challenged in the Supreme Court. "

Nelson's not an idiot. He knows he won't get a dime of those funds. This is all a charade so he can sell his vote back home, nothing more.

11 posted on 12/19/2009 2:38:51 PM PST by OldDeckHand
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To: bw17

The whole forsaken thing is unconstitutional and so is the Kenyan born freak who pretends to lead our nation, but that doesn’t stop this crooked bunch on of democrats. This is the most corrupt bunch of politicians our nation has ever known. They are third world. They commit fraud in the open. They are shameless.


12 posted on 12/19/2009 2:39:19 PM PST by FreeAtlanta (There is no "O" in Transparency.)
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To: bw17

How are these turncoats going to go out in public after this?Providing security for the bums would seem to be a huge undertaking after a betrayal of this magnitude.


13 posted on 12/19/2009 2:41:58 PM PST by Farmer Dean (Don't blame me,I voted for the American)
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To: bw17
Heath CareFavors promised to Bill Nelson are is Unconstitutional (Vanity)
14 posted on 12/19/2009 2:42:34 PM PST by Jim W N
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To: OldDeckHand

This is all a charade so he can sell his vote back home, nothing more.

You are correct! I believe Nelson was the State AG before he was a Senator. He knows he has to feign caring about the citizens back home while he supports the dem socialist agenda.


15 posted on 12/19/2009 2:43:38 PM PST by rj45mis
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To: Rodebrecht
Hahahahaha! The Constitution... how quaint.

I'm afraid you are correct. This is just another "earmark". It's maybe bigger than most earmarks but I doubt if it's a record breaker. The Congress hands out special favors to anybody and any institution, state, city, individual, company or corporation that it likes. That's what Congress does. That's why people want to be in Congress. They want to be the ones handing out the favors.

But, of course, I hope the constitutional lawyers do decide to attack this monstrous bill. But be forewarned - the decision will be entirely up to the unpredictable Justice Kennedy. There are 4 justices who vote based on the Constitution. You have 4 votes based on whatever the Democrats want the answer to be. But Kennedy votes the Constitution on occasion, international law on occasion and personal feelings on occasion. He's an absolute wild-card.

16 posted on 12/19/2009 2:47:35 PM PST by InterceptPoint
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To: bw17

Call, email, fax (this is my favorite option), visit these five senators. Do it now - before the 8:00 est vote in the Senate.

Webb
http://webb.senate.gov
Phone: 202-224-4024
Fax: 202-228-6363

Landrieu
http://landrieu.senate.gov
Phone: (202)224-5824
Fax:(202) 224-9735

Lincoln
http://lincoln.senate.gov
(202) 224-4843
Fax (202) 228-1371

Bayh
http://bayh.senate.gov
Phone: (202) 224-5623
Fax: (202) 228-1377

Lieberman
http://lieberman.senate.gov
Phone: 202.224.4041
Fax: 202.224.9750


17 posted on 12/19/2009 2:48:43 PM PST by DennisR (Look around - God gives countless, indisputable, and unambiguous clues that He does, indeed, exist.)
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To: Rodebrecht

Might be a couple of them that do.........keeping fingers crossed.


18 posted on 12/19/2009 2:49:22 PM PST by mickie
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To: mickie

Maybe one or two. But they’re pushed to the fringes by the likes of Graham and McConnell.


19 posted on 12/19/2009 2:51:33 PM PST by Rodebrecht (Those who can make you believe absurdities can make you commit atrocities.)
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To: bw17

There are no shame or rules for the new Communists Party (formally the Democratic socialists party). Nelson is a member of this new Communists Party, so nothing new.


20 posted on 12/19/2009 2:53:29 PM PST by Logical me (Oh, well!!!)
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