Attempt to Buy Murkowskis Vote May Be Unconstitutional

[applegrove]

https://politicalwire.com/2017/09/22/attempt-buy-murkowskis-vote-may-unconstitutional/

"SNIP.........


Jonathan Chait: “Graham’s bill gives Alaska especially generous treatment. Haley Byrd reports that Republicans are offering an even more magnanimous bargain — a complete exemption from the deep cuts to Medicaid and tax credits that other states will suffer. Juliet Eilperin reports that the exemption from the cuts would apply to Alaska and Montana only — the two states would qualify on the basis of their low population density. Obamacare would be repealed in the other states, but suspiciously live on in a state whose vote Republican need really badly…”

“Georgetown law professor Brian Galle explains that the Constitution has a uniformity clause — Article I, section 8 of the Constitution says ‘all Duties, Imposts and Excises shall be uniform throughout the United States.’ The purpose of the clause is to prevent coalitions of states from ganging up on others to impose discriminatory treatment.”

“The clause has not been tested before, but that is only because there are few cases in which the people running the government have passed a law so blatantly discriminatory.”

.........SNIP"

[Yavin4]

1. IOW, only White people would get Medicaid.

That's the only way to get any new entitlement passed.

[PoliticAverse]

2. Giving a state money isn't a "duty, impost or excise". Is it constitutional to give some states...

more federal aid than other states?

Would hurricane relief payments to Florida, Texas or Puerto Rico be unconstitutional?

And was "the cornhusker kickback" unconstitutional?

[Kensan]

6. So are you saying that Alaska and Montana healthcare coverage...

will be declared a Presidential Disaster? That every year it needs additional funds appropriated to cover only their healthcare needs? I'm being a little tongue-in-cheek, but the types of payments you described above have special rules applied to them.

I think a special carve-out in this instance would run afoul of the Constitution.

[PoliticAverse]

11. Perhaps it would "run afoul of the Constitution" but if so, so would hundreds of other

provisions in previously passed bills treating states differently in regards to federal payments.

[Volaris]

12. What did the Supreme Court say in UPHOLDING The ACA??

Congress can CALL IT whatever it wants, but it's a TAX, which Congress is allowed to impose..

Imposing that TAX on only 2 States, would damn-sure constitute non-uniformity, RIGHT?

Republicans only THINK they're that fucking smart, to get away with that

[PoliticAverse]

13. The offer apparently only concerns subsidies to people in Alaska not...

continuing the penalty for not having insurance what was the issue of the "tax".

a complete exemption from the deep cuts to Medicaid and tax credits that other states will suffer. Juliet Eilperin reports that the exemption from the cuts would apply to Alaska and Montana only — the two states would qualify on the basis of their low population density.

[BigmanPigman]

3. The GOP don't need no stinkin constitution...

They are the party that ignores the constitution and rewrites laws whenever it benefits them. I still do not understand how Gorsuch was "arranged". They are the party of corruption, deceit, treachery, greed and hypocrisy. Even Chris Matthew's said he doesn't believe they will ever consider impeachment no ,after how much evidence Mueller produces. This is the worst I have seen in my lifetime, no contest.

[ffr]

4. Unconstitutional? That never stopped a spiteful RW dotard butt sniffer.

[Initech]

5. The GOP don't need no constitution or ethics. Or dignity.

[Hassin Bin Sober]

7. I'm sure the repig majority can pencil whip that little problem away.

[ProudLib72]

8. Full steam ahead and damn the torpedoes

Or, in this case, the Constitution of the United States. Make no mistake, this is all out war, and the rethugs are willing to do ANYTHING to win.

[LeftInTX]

9. Since when is "pork" unconstitutional?

Obama did it with the "cornhusker kickback".

This kind of stuff has been going on forever...it's like gerrymandering.....

[DFW]

10. Not to repeat this for the 999th time, but

When has a small detail like THAT ever hindered a Republican from trying something?

[Gothmog]

14. I also think that these bribes are illegal

[ejbr]

15. Nothing to see. IOKIYAR n/t

[logosoco]

16. IF this should happen, we will have to change the name to the States of America.

That is a pretty big slap to the whole "United" thing.

[Hoyt]

17. I'm not sure there is any attempt to buy her vote. Medicare, VA, private

insurance payment rates for Alaska are 50 to 75% more than most state averages. Sometimes we read too much into things.

I don't doubt they are threatening her in other ways.