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Medicaid Deal Could Represent “Corruption”

By Rabble Rouser Reverend Amy on December 30, 2009 at 5:30 PM in Current Affairs

That’s not news to many of us – I think that’s EXACTLY what many of us think of the Nebraska deal struck by the Senate. But most of us are not in positions of power. South Carolina Attorney General Henry Mcmaster, however, is. And that was his word: corruption.

And how. Here is the SC AG this morning explaining why this giveaway to Nebraska is likely unConstitutional:

Did you catch that? There are already TEN state Attorneys General looking into the Constitutionality of the Medicaid giveaway. That is significant, if you ask me.

Oh – I suppose I should give you the written version, too, in case you can’t understand Attorney General Henry McMaster’s melodious Southern accent (ahem). This one comes from The Hill, and the headline says it all:

S.C. aAtorney General: Medicaid Deal Could ‘Represent Corruption’, South Carolina Attorney General Henry McMaster on Monday stressed that Senate Democrats’ move to cover Nebraska’s new Medicaid patients in full could represent “corruption.”

In an interview with Fox News this morning, McMaster said Democrats in
cluded the provision in the chamber’s healthcare bill purely to buy Sen. Ben Nelson’s (D-Neb.) much-needed vote. It is ultimately unconstitutional, McMaster added, as it places a disproportionate burden on the 49 other states to cover Nebraska’s Medicaid costs.

“As far as we know, the only distinction made for Nebraska with Sen. Nelson was to buy his vote,” said McMaster, who announced he would probe the constitutionality of that deal last week.

“We think that represents corruption, a culture of corruption, [and] we’re very concerned about it,” he said. “It’s going to cost 49 states money to have to pay Nebraska’s share, and we think that is unconstitutional.”

McMaster is one of 10 Republican attorneys general who have banded together in opposition to Nebraska’s Medicaid deal, at the beckoning of South Carolina Republican Sens. Lindsey Graham and Jim DeMint.

Hell, I don’t care if one of the 10 is a Whig or a Tory, as long as SOMEONE is actually looking out for the Constitution in this process, because it sure as hell does not appear to be the Congressional Democrats:

Together, they argue the provision — referred to in some GOP circles as the “Cornhusker Kickback” — defies longstanding constitutional precedents on taxes and fees. According to them, the government must levy those excises uniformly to prevent lawmakers from “ganging up” on one state, which means Congress should avoid distributing the fees of a program — in this case, Medicaid — to every state but one.

But there’s also an implicit economic argument motivating states’ legal action against Democrats’ healthcare reforms. All told, states faced billions in budget gaps they had to close before the beginning of the 2010 fiscal year, and many resorted to spending cuts and tax increases in order to stay out of the red. Many governors thus argued that a Medicaid expansion during a national budget crisis could further hamstring their finances, but only one state — Nebraska — was able to avoid the mandate.

McMaster hinted at that objection during his interview on Monday, dismissing suggestions that his investigation was a political stunt. He then chided Democrats for failing to even rationalize the Medicaid deal in the days leading up to their passage of healthcare legislation.

“This is the first time we’ve had a situation where no one has even attempted to give a reason other than it is to buy a particular senator’s vote in order to move the bill forward,” McMaster said. “That’s not the kind of reason the Constitution allows.”

“The political stunts are going on in Washington; this is a matter of law for the states’ attorneys general,” McMasster added.

I hope, while they are at it, that they look into some of the kickbacks provided to other states like, say Louisiana, and the New Louisiana Purchase to buy Landrieu’s vote.

AG McMaster hit the nail on the head right here:

“This is the first time we’ve had a situation where no one has even attempted to give a reason other than it is to buy a particular senator’s vote in order to move the bill forward,” McMaster said. “That’s not the kind of reason the Constitution allows.”

I would certainly hope not. Hard to believe they even tried these buyoffs, this more “transparent” Congress. Ha. More like this Congress that refuses to heed the will of the people. I guess it isn’t so hard to believe after all, but I sure hope SOMEONE puts a stop to it, and soon. I hope more States Attorneys General band together to stand up against this unConstituional vote buying that places an undue burden on all the other states.

And I really hope that we will, some day soon, have representatives in Washington who actually represent US, not their own self-interests.

  • jbjd

    A couple of points… The terms AG McMaster used – “rational basis”; and “capricious and arbitrary” – are terms of art.  That is, the courts have ruled that government action is unConstitutional where it lacks a rational basis or is capricious and arbitrary. 

    Both SC and VA are among the 10 states looking into the Constitutionality of the health insurance bill.  Coincidentally, these are 2 of the states in which citizens have filed complaints of election fraud with A’sG, against various members of the DNC Services Corporation.  Thus far, none of these A’sG, including Mr. McMaster, has responded to any of these citizen complaints.

    Maybe this provides a perfect opportunity to remind Mr. McMaster, he could resolve the current health insurance bill problem; by investigating charges of election fraud that occurred in the 2008 election.  (In his state, SC, the fraud also occurred in the Presidential preference primary, since responding to the requirements of state law, D state party Treasurer Kathy Hensley wrote that Barack Obama was qualified for POTUS, on the list of primary candidates submitted by state party Chair Carol Fowler to election officials in that state.  http://jbjd.wordpress.com/2009/10/10/if-it-looks-like-a-duck/ ) (The updated SC citizen complaint of election fraud to AG McMaster is in the sidebar of the blog.)

  • Guest

    Above and beyond the equal protection issues, does the constitution grant to the federal government the “power” to provide healthcare? Does the constitution grant to the federal government the “power” to mandate that people buy anything – including health insurance?

    Members may have high powered Constitutional lawyers on their staff, but I’m thinking this bill could be a happy coincidence if it potentially ties up the whole process with the Supreme Court until we change out the team in the Congress and the Senate. :)

  • I’m a Linda too

    I with you.  Add MA and VT (that changed Howard Dean’s mind from Kill the Bill”)

    And I believe this is unConstitutional for the mere fact they are trying to make law changes for every citizen, but within this new mandated law, they are making exceptions for some.  We’re not talking that they add another runway in Nevad or NEbraska to sweeten the pot.  Which don’t get me started on all these pork bills that Obama promised to veto, like in the Defense bill.

    It is illegal to be making a new law and exempting some from these new laws being forced on all, even in the face of a super majoirty not supporting this new law and mandate and they will now have to kick in more for those states being exempted.  WTF?

  • Rabble Rouser Rev. Amy

    Good points all!  I would be more than happy if this gets tied up in the Supreme Court until a bunch of these bozos get pushed out of office – that would be just desserts, wouldn’t it?

  • Obamastolemycountry

    I hope that this gets somewhere!  I, too, do not see how most of the Obama administrations actions are constitutional, including taking over the auto industry and now today taking over GMAC, I  heard, as well as, trying to unionize the airlines!  They want to control everything in the US!  I have seen in 2009 that the Supreme Court doesn’t seem to give a rat’s a– about the constitution so I hope they finally do!  If not then I think the only answer is going to be the states ceceding from the union.  I’d hate to see it happen, but if that is the way to break up this pay to play Government, then let’s do what needs to be done to get them gone!  Otherwise all anyone has to do is have balls enough to have someone check into whether or not Barack Who’s vain Obama is natural born, or if he ever legally changed his name, or if he took foreign aid to go to college, if he lied when he applied to the Bar, any of these things that we could boot his butt out of office for and get it done!  I am not so sure that this terror attempt on a plane is not their doing since a) it takes the focus off Health Care reform and scares the public and b) it may help them rationalize unionizing the airlines.  I do not trust this Government at all!  Enough already!  How much do we need to see to know that they are corrupt??????  Plus, if the Blago attempted selling of a Senate seat got Blago indicted, how is buying a senator’s vote not worthy of the same?????  Indict Harry GReed and Ben Nelson ASAP!  Seems like the same kind of thing as Blago, just on a bigger scale!!!!! 

  • I’m a Linda too

    Definitely.  And for good ol Ben Nelson, it may come this year.  Recent Rasmussen Poll has the Governor, who hasn’t even announced if he would run, pulling in over 60 pct and poor Ben getting just 30 pct.  OUCH!

    Bennie “What do I get” Nelson, it will take more than TV ads to make up for that with only 17pct of your Constituents supporting that HI MED (Health Insurancce Mandate and Expansion by Democrats).

  • Lana

    A perfect solution!

  • DaddysDarlin

    It is about time we go back to our Constitution and the rights and privileges it provides the American people, especially when our very government needs governing.  That is what the Constitution is about, giving the American people the right to say that is enough, we will not adhere to your corrupt policies, no more!!!  The Constitution protects the American people from their own government when it refuses to listen to its constituents, refuses to abide by the laws set forth by our Constitution, and refuses to even acknowledge that we even have a Constitution that protects us from them.
    It is us and them now, there is far too much difference between the democratic party and the average American citizen.  They have used their power for influence, for votes.  They bought votes during the election from the delegates and supers and now they are buying votes from our own representatives.  Who is policing the police?
    Its about time every AG’S office in the country take a good hard look at this fraudulent administration, when they buy votes and don’t give a damn who sees them do it, well, that is corruption in the fullest sense of the word.

  • Docelder

    Yes, before anybody says the republicans did it too think about this first. This was done to get this one vote and it wasn’t even candy coated. There was not so much as th appearance of propriety. This part of it has never been done before. Yes, there were deals, no doubt. But they were bundled in ways that they deals weren’t apparent. These guys don’t care. They flat out don’t give a whit what we think. I don’t care if your politics are red or blue, this should make you sick inside. This is the end of freedom as we know it, if this isn’t stepped on hard right now.

  • sowsear

    I would guess that Reid and Pelosi do not care if any of their shenanigans to buy votes is declared unconstitutional. They got what they wanted and shortly they will be changing things around in the health bill to suit themselves and their corporate sponsors.

  • Docelder

    Actually, I would love to see some of the Western states start secession movements. Maybe these giys would finally get it. If not, I am going to emigrate to the first state that secedes. I want my kids out of here. This is not going to end well I fear.

  • Guest

    Yeah, there’s no way this can be applied uncritically to one state over another. It’s totally idiotic.

    Even Native Americans that have a long tradition of sacramentally worshiping peyote and of consuming the cactus have only sucessfully challanged about half the states in getting exemptions on what would be a religion-based preference to drug laws.
     

  • Doc99

    How is what Reid and Nelson did any different from what Blagojevich did?

  • jwrjr

    In addition, having this tied up in the SC will help to insure that the voters (remember them? … because the ObamacRats don’t) remember who is dumping this bucket of slime on them.

  • Rabble Rouser Rev. Amy

    Excellent question there, Doc99.  I don’t see how what he did is different at ALL from what our Congress does on a daily basis. 

    There are now 13 State AsG signed on from the 10 when I wrote this.  Wowie zowie!  Who’s got the popcorn??

  • Docelder

    Blago for President in 2012. Because… he’s not Obama. Well, it worked once didn’t it? This logic is just as good as the he’s not Bush logic worked. So, Blago get to developing a fake presidential seal and a snazzy logo. Disrespect the flag, talk down the country and maybe even the troops and get ready for the good life of vacations and golf tournaments. It’s all fun and games after you get to the White House. Blago, Blago, Blago. It even has rhythm.

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  • surfered

    I’m still trying to figure out how Congressman Billy Tauzin (R-LA) was able to push President Bush’s unfunded Prescription Drug Bill for seniors through Congress which prohibited the government from negotiating drug prices, then quits Congress to go to work for a Pharma trade group at $2,000,000 per year.  If that’s not corruption, nothing is.

  • b mathews

    what happened to the provision of states being able to opt out.  if its still in the bill, then every state should just opt out.

  • Anonymous

    ObamaStole, thanks for mentioning the GMAC takeover – it is just astonishing, isn’t it, the extent to which our gov’t has taken over private industry in less than a YEAR??  Good grief…

  • Anonymous

    Excellent point, b matthews – I haven’t heard anything abt the opt out option in a while, but I agree – if it’s in there, states definitely should not subject their citizens to this political buyoff…

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