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More question legality of Senate healthcare bill
Jim Brown - OneNewsNow - 1/4/2010 8:50:00 AMBookmark and Share
medical symbolsA constitutional historian says American courts would have to overturn their last 80 years of jurisprudence to uphold the constitutionality of the healthcare bill in Congress.
Thirteen Republican attorneys general are threatening to file a lawsuit against the Democrats' healthcare bill if Senate Majority Leader Harry Reid (D-Nevada) and House Speaker Nancy Pelosi (D-California) refuse to remove a provision being called the "Cornhusker Kickback" -- the nearly $100 million Medicaid deal Democratic Senator Ben Nelson secured for his home state of Nebraska. Ostensibly, the deal was in exchange for Nelson's vote -- the 60th of 60 needed -- favoring the legislation. As reported earlier, the senator's decision has angered many Nebraskans.
In a letter sent last week, the 13 attorneys general argue the provision is "constitutionally flawed" and violates the U.S. Constitution's protection against "arbitrary" legislation. Constitutional historian David Barton, the president of WallBuilders, also believes the provision is unconstitutional.
David Barton (WallBuilders)"I think there's huge constitutional problems with this thing," exclaims Barton, "and it may be that we see the power of Congress limited constitutionally through a number of different venues by these various lawsuits that are out there."
Barton notes that court challenges are looming over the bill's individual mandate, as well as its anti-trust provision that forces a government monopoly. Texas Governor Rick Perry has also threatened to file a lawsuit, arguing the bill violates states' rights outlined in the Tenth Amendment.
Just before Christmas, The Heritage Foundation also questioned the constitutional legality of the healthcare legislation, publishing a legal memorandum charging that the individual mandate "takes congressional power and control to a striking new level."
The letter to Senator Reid and Congresswoman Pelosi was signed by top prosecutors in Alabama, Colorado, Florida, Idaho, Michigan, North Dakota, Pennsylvania, South Carolina, South Dakota, Texas, Utah, Virginia, and Washington state. Four of the Republican attorneys general are running for governor in their respective states.