Taxing bonuses is unconstitutional
The Democratic members of Congress have put forth a bill to tax the bonuses of the AIG executives at a 70 percent to 90 percent rate. With all due respect, from a federal Constitutional issue, that law appears to be ex post facto, which is prohibited under the federal Constitution. In addition, it may be a bill of attainder, which is also prohibited under the federal Constitution. For those who are interested, the Black's Law Dictionary of ex post factor and bill of attainder are as follows:
Ex post facto law: Latin for "from a thing done afterward." A law passed after the occurrence of a fact or commission of an act, which retrospectively changes the legal consequences or relations of such fact or deed. An ex post facto law has been defined as every law that makes an action, done before the passing of the law, and which was innocent when done criminal and punishes such action. Two clauses in the U.S. Constitution prohibit ex post facto laws.
Bill of attainder: A legislative act, directed against a designated person, pronouncing him guilty of an alleged crime, without trial or conviction according to recognized rules or procedure and passing sentence and death and attainder upon him. If a bill inflicts a milder degree of punishment than death, it is called a bill of pain and penalties, but both are included in the prohibition in the federal Constitution. >
In conclusion, it appears that the action of our Congress is in violation of our federal Constitution. It deeply concerns me that our own government would cast aside our Constitution because of mistakes they made when bailing out AIG. In fact, it is frightening. All citizens should be greatly concerned about such Constitutional violations. Why hasn't our lawyer President addressed this with Barney Frank, Chuck Schumer and Harry Reid? Further, the fact that Barney Frank wants to publish the names and addresses of these people and put them at risk of injury or death could be viewed as a criminal act on Frank's part for inciting violence.
Steven R. Heuberger
Libertyville