Give me liberty or give me death… Patrick Henry

GOP Exiles

March 20th, 2009 at 6:23 am

Target tax against AIG: H.R. 1586 is unconstitutional

Mob hysteria has been drummed up in the news media by the president and some guilty members of congress to conceal their own blame for the financial mess. Read Patrick J. Buchanan’s explanation of how we got into this mess. Systemic failure (H.R. 1586), was written by Charlie Rangle to punish AIG executives. It is a terrible piece of legislation because it’s unconstitutional and it demonizes individuals in order to redirect public anger away from the people who caused our financial crisis. The House vote was 328-93. 85 idiot Republicans had to vote for this bill and it shows Republicans will vote for mob rule rather than stand on constitutional principle.

I’m no lawyer and I did not stay in a Holiday Inn Express last night, so I’m humble enough to know I have to look up phrases I don’t understand. (H.R. 1586), was being discussed on talk radio yesterday and I heard a phrase “No Bill of Attainder or ex post facto Law shall be passed.” Wikipedia defines this legal term:

“A bill of attainder is an act of legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a trial. Bills of attainder are forbidden by Article I, section 9, clause 3 of the United States Constitution.

I then looked at our handy copy of the Constitutional from this page to get this text

Article I, section 9, clause 3 of the U.S.Constitution states, “No Bill of Attainder or ex post facto Law shall be passed. No Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.”

I trust the Heritage foundation and I clicked on their link to read their interpretation of and position on H.R 1586. Here’s a quote from Heritage Foundation policy issues. The AIG Clawback: Possibly Unconstitutional, Doubtlessly Imprudent

The legislation (H.R. 1586), as introduced by Rep. Charles Rangel (D–NY), would apply to income received in 2009 and thereafter by employees of companies receiving more than $5 billion in federal bailout funds, as well as to Fannie Mae and Freddie Mac. The bill defines a new class of income, “TARP Bonus,” that consists of any compensation payments in excess of a periodic wage and any income for such employees in excess of $250,000, or $125,000 for married individuals filing separate returns. Under the legislation, any “TARP Bonus” would be taxed at a 90 percent rate.”

Rage is never the mother of good legislation. H.R.1586 was written in the passion of the moment and can have long range consequences if it’s not challenged. If the Obama administration can target one individual or group for vilification and punitive law, then who’s next. Will they go after people who drive SUVs or use too much electricity to heat or cool their homes; will they arrest people who have a gun rack in their truck or put Ron Paul bumper stickers on their cars. Will citizens be targeted with selective prosecution and imprisonment, have their property taken away or slapped with punitive taxes? Congress took an oath to preserve, protect and defend the Constitution of the United States. Idiots in Washington have forgotten we put them in office to be our servants, not our masters. We put them in there and we can take them out. We Surround Them!


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