Quite simply: They passed a bill that would tax bonuses at 90%.
http://www.foxnews.com/pol
http://finance.yahoo.com/n
Oh yeah, they want state and local governments to take out the ohter 10%.
Well that's just fine and dandy except that they want to make it retroactive. One problem. The Constitution says they cant!
Article I, Section 9, paragraph 3 provides that: "No Bill of Attainder or ex post facto Law will be passed."
"The Bill of Attainder Clause was intended not as a narrow, technical (and therefore soon to be outmoded) prohibition, but rather as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function or more simply - trial by legislature." U.S. v. Brown, 381 U.S. 437, 440 (1965).
"These clauses of the Constitution are not of the broad, general nature of the Due Process Clause, but refer to rather precise legal terms which had a meaning under English law at the time the Constitution was adopted. A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment." William H. Rehnquist, The Supreme Court, page 166.
"Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. ... The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community." James Madison, Federalist Number 44, 1788.
http://www.techlawjournal.
What's the importance of this restriction? Simply this: It prohibits persons from being deprived of life or property without the due process of law. Historically, English Parliament passed laws to punish people that it deemed seditious, etc...
"Bill of Attainder" - A legislative act pronouncing a person guilty of a crime, usually treason, without trial and subjecting that person to capital punishment and attainder. Such acts are prohibited by the U.S. Constitution.
http://www.answers.com/top
Ok, so what's the importance of Due Process? Well besides being the guarantee of "Innocent before proven Guilty" and guaranteeing us the right to a fair trial, it's also listed in the 5th and 14th Amendments. It applies to citizens, aliens and corporations.
Specifically it guarantees us:
* Right to a fair and public trial conducted in a competent manner
* Right to be present at the trial
* Right to an impartial jury
* Right to be heard in one's own defense
* Laws must be written so that a reasonable person can understand what is criminal behavior
* Taxes may only be taken for public purposes
* Property may be taken by the government only for public purposes
* Owners of taken property must be fairly compensated
http://www.usconstitution.
Ok, so why is this important? Well, to put it plainly, the government just passed a bill that retroactively taxes a specific group of people for bonuses which they were legally obligated to get. In effect, seizing their personal property without the benefit of a trial. That's a breach of the U.S. Constitution. (Something Obama is apparently quite familiar with doing)
The bottom line is that if they can do it to one individual or group, they can do it to EVERY individual and group. Including YOU! Regardless of what you think of the AIG bonuses, the cold hard truth is that if their money can be seized without a trial and by ex post facto law, SO CAN YOURS! PERIOD!
Today it was the bankers. TOMORROW IT'S YOU!
****This discussion has absolutely NOTHING to do with the fact that Geithner and Dodd KNEW about the bonuses before the bailout was signed, or that the senate voted for it (maybe they should read what they vote for next time). It has everything to do with the fact that Congress just destroyed your right to keep and own personal property and being secure in knowing that it will not be taken from you without due process of law. In essence, WE JUST BECAME IRAN!****
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