To that end, the Court has stated that a bill of attainder is any law that inflicts punishment on "named individuals or to easily ascertainable members of a group" without a judicial trial.[2] The punishment may be of a criminal nature, such as imprisonment or death, or it may be civil, such as denying an individual compensation.[3] Full Story »
Posted by Peter L. Combs
Interesting analysis by a conservative Heritage Foundation analyst on the recent House bill imposing a special tax on bonus recipients of bailed-out firms. The author questions its legality and value, suggesting that the real problem is government intervention in the private sector. This article makes some reasonable points, though coming from a partisan perspective, and largely citing sources which reinforce its viewpoint.
There must be some way to reach a reasonable compromise. While I understand the public outcry against bonuses for bailed-out firms, the situation is more complex than it first appears. Many of these deals were made with the government's knowledge; so to arbitrarily retract them just because of public opinion is simply not good business -- leaving aside constitutional legal issues. If we want to retain the best talent to manage these firms, a good way to keep them onboard is to offer ... More »
While the author is clearly approaching this issue from a biased perspective, he offers multi-layered arguments against the putative tax by Congress. Well done.
articles like this simply stake out the extreme church of free marketeering, and that is what we should expect from the Heritage Foundation. I think a gigantic mount of stimulus money should be directed toward working people, not the riskiest units of corporations too big to fail
An alternate legal view as well as an ethical one of the Bailout Tax. The writer points to the Constitutional aspects as well as the Historic background to the laws governing compensation. Also a look at the "Takings' Clause"/
Explains the Intent of the law of Bill of Attainder...it is very clear the AIG people are being targeted and perhaps Freddie Mac. Retroactive laws are scary things...for this small amount of money not sure it's worth the precedent.
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