Would an AIG-Bonus Tax Pass Constitutional Muster?
(A Tribe Calls ‘Yes!’)
Tribe:
I do think Congress (and the Executive Branch) could avoid serious Bill of Attainder problems by passing a sufficiently broad law … rather than targeting a closed class of named executives even though the prohibition against Bills of Attainder, unlike that against Ex Post Facto laws, potentially reaches civil as well as criminal penalties.
Full Story »




Was the WSJ worrying about retroactivity when the telecoms were seeking legislation for retroactive immunity for wiretapping crimes?