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I have a question if the deal for Nelson's vote is unconstitutional?

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jtylerpittman Donating Member (129 posts) Send PM | Profile | Ignore Mon Dec-21-09 03:37 PM
Original message
I have a question if the deal for Nelson's vote is unconstitutional?
By paying 100 percent of medicaid benefits in Nebraska and Nebraska only. Could that be a violation of the equal protection clause?
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Cessna Invesco Palin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 03:38 PM
Response to Original message
1. How do you think this violates equal protection? n/t
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jtylerpittman Donating Member (129 posts) Send PM | Profile | Ignore Mon Dec-21-09 03:40 PM
Response to Reply #1
2. Nebraska citizens are the only ones who benefit from this. It is discriminatory
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Cessna Invesco Palin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 03:45 PM
Response to Reply #2
7. So are federal affirmitive action programs.
Edited on Mon Dec-21-09 03:46 PM by Cessna Invesco Palin
So is interstate highway system funding. So is Medicare. What's your point? These are federal issues. They're not covered by the equal protection clause.
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pnwmom Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 05:15 PM
Response to Reply #2
14. They could argue that the current Medicaid schedule discriminates against THEM.
It already varies among states, and the low reimbursement rates in Nebraska are causing doctors to refuse Medicaid patients. What use would there be of a new health bill that expands Medicaid if doctors refuse to accept the patients?
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movonne Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 04:38 PM
Response to Reply #1
13. I think it is just plain blackmail.....and that should be pointed out..
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old mark Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 03:40 PM
Response to Original message
3. If it involves a Senator getting favors for his state, it's not unconstitutional -
it's part of his job. Just that he pissed on the American people to get it.
He's not the worst nor the first.

mark
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jtylerpittman Donating Member (129 posts) Send PM | Profile | Ignore Mon Dec-21-09 03:42 PM
Response to Reply #3
4. Nebraska should not get special treatment
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DJ13 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 03:43 PM
Response to Original message
5. Im not sure about equal protection
But Im not sure it would pass muster for selective states to receive 100% federal aid for programs they mandate all states to pay some portion of.
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kirby Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 03:44 PM
Response to Original message
6. This is how Congress works...
This happens on just about every bill.
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Ruby the Liberal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 03:50 PM
Response to Original message
8. A bridge is one thing
But offering to pay for benefits offered nationally, in only one state in perpetuity with the tax dollars of the rest of the nation is another animal, IMO.
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Ozymanithrax Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 03:51 PM
Response to Original message
9. This is Pork Barrel politics...
and every state has benefited from hundreds of these agreements that benefit only one state.
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Zen Democrat Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 04:01 PM
Response to Original message
10. Unconstitutional? My God! How do you think the Congress operates?
Edited on Mon Dec-21-09 04:06 PM by Zen Democrat
It's a tit for tat, quid pro quo rodeo and has been for over 200 years! These people calling out Bribery! (like it's unheard of) are hilarious. And, for the record, I'd prefer bribery to threats. You gotta know that the bills passed over the past 8 years were written in the back rooms of the White House, and sent over for the Republicans to rubber stamp. And woe be unto any who didn't knuckle under. Ringy-Dingy .. Evil Dick Veep calling!

People who are all upset about the 60 votes being hard for Democrats just don't understand the two parties. Here's a very broad overview:

Republicans are heavy into "representative" government. They let their elected representatives (presidents, majority/minority leaders, etc.) call the tune and they happily dance to it, regardless of, and often in spite of, personal convictions. They fall in line close to 100% of the time. They "don't speak ill of another Republican" (The 11th Commandment).

Democrats are more into "democratic" government, or "one man - one vote", majority rule government. They don't take orders from on high, but stick to their own beliefs, or the beliefs of their benefactors. They can be bought, threatened, and appealed to ... but not taken for granted.

That's what the differences have been historically, and they remain. We aren't Republicans. We don't blindly accept the party line. We don't repeat the spin of the day. We are freer minds and spirits. And we'll run our fellow Democrats down in the dirt if we think they deserve it.
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OHdem10 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 04:24 PM
Response to Original message
11. Do not be surprised if a test case on the equal protection clause.
Too many of Medicaid Relief Handouts were made. At least 5.
This means the rest of the states have to pick up this tab
in extra taxes from our states. As a liberal this type deal
really stinks. There is pork and there is pork and this
pork stinks to high heaven. Someone just might bring a
test case.
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Cessna Invesco Palin Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 07:12 PM
Response to Reply #11
15. That would be a very short-lived case.
The equal protection clause applies to actions by the states, not actions by the federal government.
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moondust Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Dec-21-09 04:36 PM
Response to Original message
12. There are other "special favors" in it.
Florida, Pennsylvania, and one other state get special treatment on Medicare Advantage. Another 5 or so states get special treatment on something else. MSNBC showed some of these "special favors" this morning. Apparently it's not obviously unconstitutional. I wondered the same thing.
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