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November 13, 2007


Again, it's not literal. Edwards:

"I’m going to say to members of Congress and members of my administration including my cabinet..."

He's going to say it. He's going to draw attention to it. He can't really do it. So what?

I'm not a constitutional law expert, but I am a lawyer, and I've taught constitutional law from time to time. I acknowledge that the meaning of the 27th Amendment remains to be litigated, but if I were a betting man, I'd bet against health benefits being considered part of a Congressman's compensation.

There are numerous employment benefits that change from time to time, including parking, office allowances, gym use, the Capitol framing shop, and no doubt the specifics of the Congressional health care plan. But none of these benefits is considered taxable compensation to the member of Congress, and I expect none of them would be considered "compensation" within the meaning of the 27th Amendment.

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