ObamaCare Corrupt Deal Shows Need to Amend the Speech and Debate Clause

Several state attorneys general have been asked, or plan, to investigate the deal struck by Senator Ben Nelson to permanently exempt Nebraska from paying Medicaid expenses in exchange for his voting for Obamacare.

An investigation of the Nelson deal would likely have two focuses. First, is the Nebraska exemption unconstitutional under Article I, Section 8, Clause 1 of the Constitution, which requires “all Duties, Imposts and Excises shall be uniform throughout the United States?” Secondly, did the deal constitute a form of corruption?

Whether the Nebraska exemption constitutes unlawful corruption obviously depends on the facts surrounding how Senator Nelson cut his deal. However, even a pure constitutional challenge would benefit from a clear understanding and presentation of the facts underlying how and why the Nebraska exemption was reached.

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