Today several state legislative leaders called upon Kansas Attorney General Steve Six to join with the top officials in 13 other states who are investigating the transaction between Sen. Harry Reid, D-Nev., and Sen. Ben Nelson, D-Neb.

Reid provided Nebraska with a permanent Medicaid exemption after Nelson agreed to vote for the health care legislation. Nelson's decision allowed the legislation to proceed for a full vote in the Senate where it passed along a party line vote.

Kansas leaders asked Six to "join with your counterparts from other states in investigating the constitutionality of this unprecedented legislation."

The letter is written on the letterhead of Majority Leader Derek Schmidt, R-Independence, and is signed by Schmidt, Senate Vice President John Vratil, R-Leawood; House Majority Leader Ray Merrick, R-Stilwell; and House Speaker Pro Tem Arlen Siegfreid, R-Olathe.

The legislative leaders said the health care bill "will fundamentally change the method of delivering and financing health care for many Kansans" and said that there were "at least three aspects of the Senate-passed legislation that may violate the United States Constitution." 

The three constitutional issues stressed in the letter include:

• The "so-called Nebraska compromise," which would apportion taxes unevenly among the states for Medicaid expansion, and exclude Nebraska from the costs in perpetuity.
• The individual insurance mandate where the government would compel individual citizens to purchase a product would be an unprecedented diminution of the Ninth Amendment or the Tenth Amendment, or both.
• The individual insurance mandate raises concerns about property rights and the takings clause of the Fifth Amendment.

"With luck and a little persuasion, perhaps a majority in Congress will come to its senses and conclude that our nation's health care can be reformed without disregarding the Constitution," the letter said. "But if they don't, then it will be up to you and to us to protect the Constitution we are sworn to uphold and to preserve the liberties of the
Kansans we represent."

Six's office has indicated to Kansas Liberty that he is not currently pursuing an investigation of the special treatment afforded to Nelson, and would not speculate if Six would take action if the health care bill becomes law.

—Holly Smith

Resources:

Letter from lawmakers urging Six to investigate constitutionality of federal health care bill

 Previously on Kansas Liberty:

 Kansas' top officials refuse to act while Kansas is placed at a disadvantage

Several states investigating Sen. Nelson's special treatment-will Kansas?

The Week in Review