A constitutional historian says American courts would have to overturn their last 80 years of jurisprudence to uphold the constitutionality of the healthcare bill in Congress.

Thirteen Republican attorneys general are threatening to file a lawsuit against the Democrats' healthcare bill if Senate Majority Leader Harry Reid (D-Nevada) and House Speaker Nancy Pelosi (D-California) refuse to remove a provision being called the "Cornhusker Kickback" -- the nearly $100 million Medicaid deal Democratic Senator Ben Nelson secured for his home state of Nebraska. Ostensibly, the deal was in exchange for Nelson's vote -- the 60th of 60 needed -- favoring the legislation. As reported earlier, the senator's decision has angered many Nebraskans.

In a letter sent last week, the 13 attorneys general argue the provision is "constitutionally flawed" and violates the U.S. Constitution's protection against "arbitrary" legislation. Constitutional historian David Barton, the president of WallBuilders, also believes the provision is unconstitutional...