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The Cornhusker Pushback (State AGs say Ben Nelson's Medicaid deal is unconstitutional)
The Wall Street Journal ^ | 01-05-10 | The Wall Street Journal Editorial Staff

Posted on 01/05/2010 1:45:54 PM PST by GOP_Lady

'It's not a special deal,'' Ben Nelson told the New York Times of the special deal that converted him into the 60th Senator for ObamaCare. "It's a fair deal. Some people said I was getting money for Nebraska. That's wrong. I was just getting rid of an underfunded federal mandate. There's nothing sleazy about it. I cracked the door open for other states."

The other states think somewhat less of Mr. Nelson's benevolence. Under the "Cornhusker Kickback," the federal government will pay all of Nebraska's new Medicaid costs forever, while taxpayers in the other 49 states will see their budgets explode as this safety-net program for the poor is expanded to one out of every five Americans.

"In addition to violating the most basic and universally held notions of what is fair and just," the AGs wrote last week to the Democratic leadership, the Article I spending clause is limited to "general Welfare." If Congress claims to be legitimately serving that interest by expanding the joint state-federal Medicaid program, then why is it relieving just one state of a mandate that otherwise applies to all states? In other words, serving the nongeneral welfare of Nebraska—for no other reason than political expediency—violates a basic Supreme Court check on the "display of arbitrary power" that was established in 1937's Helvering v. Davis.

Obviously Congress treats different states differently all the time, via earmarks and the like, but in this case there is simply no plausible argument for some kind of "general" benefit. The only state that gains from special treatment for Nebraska is Nebraska—and this actively harms all other states, which will have fewer tax dollars for their own priorities while effectively subsidizing the Cornhusker state.

(Excerpt) Read more at online.wsj.com ...


TOPICS: Editorial; Front Page News; Government; News/Current Events; Politics/Elections; US: Nebraska
KEYWORDS: 111th; bennelson; democratcorruption; democrats; nebraska; nelson; obamacare

1 posted on 01/05/2010 1:45:57 PM PST by GOP_Lady
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To: AdvisorB; antivenom; Blonde; catnipman; Diana in Wisconsin; Fintan; goodnesswins; housemouse 1; ...


To be added or removed from the
"Wall Street Journal" Ping List,
FReepmail
GOP_Lady.

2 posted on 01/05/2010 1:46:57 PM PST by GOP_Lady
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To: GOP_Lady

Go Nebraska! Go!


3 posted on 01/05/2010 1:48:20 PM PST by GVnana ("Obama is incredibly naive and grossly egotistical." Sarkozy)
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To: GVnana; GOP_Lady

The whole bill is unconstitutional. It violates the 10th Amendment.


4 posted on 01/05/2010 1:49:53 PM PST by PhilCollins
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To: PhilCollins

Even if the SCOTUS finds this part of the bill unconstitutional, it’s likely that the bill itself will go forward with Nelson’s “yes” vote. Nelson will know that he was had but it won’t make any difference because he is a Democrat.


5 posted on 01/05/2010 2:00:32 PM PST by Ben Hecks
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To: GOP_Lady

Here is what Ben Nelson’s hometown paper has to say:

http://www.mccookgazette.com/story/1598314.html

Hicks like me that live in Nebr just ain’t impressed!


6 posted on 01/05/2010 2:02:43 PM PST by radioone (Alinskys rules for radicals: Ridicule is a better tactic than argument.)
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To: GOP_Lady

Maybe some good will come out of this and it will kill the bill.... Then again, probably not... X(


7 posted on 01/05/2010 2:02:55 PM PST by GraceG
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To: GOP_Lady

Ben “Baby Killer” Nelson


8 posted on 01/05/2010 2:35:11 PM PST by JohnLongIsland
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To: radioone

What could make nelson turn on his own kind...he is a Judas of the first order. Those a$$holes in Washington must have promised him a fat job... I would recommend when he comes back to NE that everyone turn their backs on him....the brave one’s can “moon” him. Nothing works like being scorned by one’s peers... The sorry ba$tard deserves to be tarred and feathered....which ain’t a bad idea......


9 posted on 01/05/2010 2:50:49 PM PST by RVN Airplane Driver ("To be born into freedom is an accident; to die in freedom is an obligation..)
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To: GOP_Lady

Let’s not lose sight of the other deals states like Vermont, Connecticut, Lousiana, etc. got. They need the light shined on them as well.


10 posted on 01/05/2010 3:12:34 PM PST by KMG365
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To: GOP_Lady
As if Hussein & Friends give two sh*ts about what violates Nebraska (or Federal) law.
11 posted on 01/05/2010 3:18:32 PM PST by Gay State Conservative (Host The Beer Summit-->Win The Nobel Peace Prize!)
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To: AdmSmith; Berosus; bigheadfred; Convert from ECUSA; dervish; Ernest_at_the_Beach; Fred Nerks; ...
There's nothing sleazy about it. I cracked the door open for other states.
Thanks GOP_Lady.
12 posted on 01/05/2010 4:22:18 PM PST by SunkenCiv (Happy New Year! Freedom is Priceless.)
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To: RVN Airplane Driver

I think hitting him with a shoe would send the message I am looking for. I wonder what the penalty would be for that infraction ?


13 posted on 01/05/2010 5:57:04 PM PST by Newbomb Turk (Live From Iraq and still kickin a$$ and spreading sweet freedom)
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To: GOP_Lady
Nelson is looking into the future and not liking what he sees.

If Obamacare passes, the taxes and fees start immediately. Benefits start up in 2014, with 3 years of cash available IN THEORY.

In reality, when has the gov't ever left a pile of cash lying around? They'll spend it all - to pay off contributors, enrich their friends, buy votes, whatever.

2014 rolls around, and people show up at the doctor's office for their health care, and there's $0 available. What does gov't do? To avoid a riot, they throw everyone into Medicaid, a State funded health service.

This will be the largest unfunded mandate ever foisted upon the states, and they won't be up to the task.

Maybe Nelson thinks NE can avoid this by getting the Fed to pay for their increased costs when the SHTF. He's dreaming.

14 posted on 01/05/2010 6:00:04 PM PST by ZOOKER ( Exploring the fine line between cynicism and outright depression)
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To: GOP_Lady

Unconstitutional?

Nah. Democrats can do nothing that is unconstitutional.
They are always right, no matter what. They are perfect, brilliant, bright, intelligent, without equal intellectually.

They are so bright, that regular people are like cattle compared to them.

Unconstitutional? Never!

Perfect Democrats are god-like and will always be our leaders.

/S/

IMHO


15 posted on 01/05/2010 7:02:09 PM PST by ripley
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To: GVnana
Since when are they going to let a silly thing like the Constitution stop them? That has never stooped them before.
16 posted on 01/05/2010 7:03:01 PM PST by mrsixpack36
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