Fact Watch: Sen. Edwards Proposes Unconstitutional Law In New Ad

[Herman Munster]

http://facts.hillaryhub.com/

Sen. Edwards has a new TV advertisement about health care where he proposes the following law:

When I’m president, I’m going to say to members of Congress and members of my administration including my cabinet, I’m glad that you have health care coverage and your family has health care coverage. But if you don’t pass universal health care by July 2009, in six months, I’m going to use my power as president to take your health care away from you.

The problem is, Sen. Edwards doesn't have the power to take health care away from Congress unilaterally—he'd have to propose a law. (Sen. Edwards himself has acknowledged this point.) And a law that takes away health coverage from Congress in July 2009 is unconstitutional according to the 27th Amendment:

No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Thus, since the law would change compensation for Congress before the next Congressional election (2010), it would violate the 27th amendment. The Atlantic's Matt Yglesias and All The President's Spin author Brendan Nyhan agree.

Today, Sen. Edwards is proposing unconstitutional gimmickry to pass universal health care. The last time he ran for president he opposed universal health care and attacked other candidates who supported it.

[MethuenProgressive]

1. Doesn't matter if it's it is true, if it polls well, it'll be in an Edwards speech/ad.

[TechBear_Seattle]

2. It's not necessarily unconstitutional

It comes down to the question of whether or not health care is actually a compensation like pay or merely a perq of the job. The difference is in how it is accounted on the books. If the court were to rule that health care is compensation, then it will cause twenty kinds of chaos in the business world (if it is compensation for Congress, it is compensation for everyone.)

Edwards' proposal is a very messy -- and potentially very entertaining -- can of worms. :popcorn:

[babylonsister]

3. Asked and answered by Edwards:

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=132&topic_id=3713798&mesg_id=3713798

[cali]

4. It's misleading- at best.

Shouldn't we hold all the candidates to a higher standard?

[babylonsister]

8. The whole concept is a what if? so how it'd be misleading is beyond me.

A whole lot has to happen first.

[cali]

9. no it's not. it's a promise that he can't keep. n/t

[babylonsister]

10. That would remain to be seen, I'm thinking. Look what the current

person in office is 'accomplishing', just for a disgusting comparison.
Whatever, I'm not into arguing 'what ifs'.

[OHdem10]

5. Lou Dobbs VOTERS have an eye on Edwards as an

Independent. In case you have not heard many Dems and GOPers
feel they have gotten the shaft from both parties. They officially
change their Party Registration to Indepent. Everyday Lou gets
more and more in his"army". Today several EMailers and the
very popular DC African American Radio Talker Joe Madison??
any way, he was there as commentator and displayed his papers
indicating becoming Independent.

John Edwards was mentioned as a possible candidate. It is
far from decided. I am sure Lou wants to explore some more. At
least Edwards was mentioned.

[zalinda]

11. This is one of the reasons I support him

He could literally crush any repub that goes against him. He polls high with conservatives. Which I find funny since he is more to the left than any candidate except Kucinich and Gravel. Maybe he could bring this country together.

zalinda

[venable]

6. do you truly not understand the point of his statement?

that is the problem with the anti-Edwards crowd (and if you are not one of the regulars, I apologize) - they ignore the very points, the salient, relevant, humanistic points that are articulated to move the country toward some justice, some equality...and instead point out that he doesn't have the executive power to unilaterally pressure congress in the way he proposes. Who cares? Listen to what he is saying - "if you don't take care of others, you should not be taken care of". Isn't that the message?

Congratulations on your constitutional research (and I'm not going to try to best it, though I suspect such besting could be done), and it's too bad you are not listening with open ears to the one person speaking genuine truth to power.

[AtomicKitten]

7. Me thinks "facts.hillaryhub" isn't particularly factual.

In fact, I see her bullet points parroted here at DU frequently in that special way only her surrogates can render.

[Renew Deal]

12. Yes, facts from Hillary Hub. Have they figured out if she supports giving licenses to illegals yet?

I'm sure they're still trying to figure that out.

[slick8790]

13. That may or may not be true.

It all depends on how the word "compensation" is defined. If compensation is defined as just the salary, then no, it's not. If compensation includes all the other privaleges given to elected representatives, then yes, it is. This is something I'd anticipate going to the surpreme court for final analysis. Either way, we win with this proposal.

[The Traveler]

14. Poor fact checking ... specious argument

Edwards' strategy is clear. Hold the collective feet of Congress to the fire. If Congress will not move towards improving access to health care, then Edwards slams this issue down on the table. It will be up to Congress at that point to explain why they deserve health care and common citizens do not. It does not matter ... not in the slightest ... if Edwards or any other president is able to impose this cut in compensation on Congressional members. What matters is that this would truly be a powerful and dramatic use of the bully pulpit, and place one's local congress person directly on the firing line, which is exactly where we the people need them to be.

This is what in chess is called a "forcing move" ...

Now, I am quite certain other presidential candidates, including the esteemed Senator Clinton, understand this sort of strategy quite well. However, it is equally clear that few if any would choose it.

[illinoisprogressive]

15. I like Edwards and the Hillbots bashing is not going to change anyone's mind