About seven months ago I wrote a piece describing how we could get some of our taxpayer-funded bonus money back from the financial parasites on Wall Street. At the time I noted that this might be difficult because of the Bill of Attainder provision in the Constitution (Art. I, Sec. 9 and Art. I, Sec. 10). In very simple terms it says Congress can't create a law that singles out and punishes an individual or a group because they don't like what they've done (like wrecking our economy) without a trial.
Put another way, Congress can't craft legislation that penalizes or criminalizes acts ex post facto simply because Congress doesn't like what the individual or group has done.
As I noted then, the Bill of Attainder provision in the Constitution was put there to prevent "trial by legislature" or, put more simply, to prevent our country from being taken over by a legislative lynch mob. A politicized, vengeful, and punishing Kangaroo Court mentality was not what the Framers wanted for our nation. This lies at the heart of our separation of powers principle.
Well, guess what? The same Republican Party that said Congress couldn't single out an individual or firm, like AIG, and punish them with new "taxes" on bonuses - because they helped wreck the economy - has had a change of heart. They are now saying that Congress should be able to single out and punish ACORN after the fact because the Republican Party doesn't like that a few employees (since fired) advised a fake prostitute on how to make money. They also don't like ACORN's spending and accounting habits. It makes no difference to the Republican Party that the "crimes" that lit their fire for ACORN pale in comparison to the very real crimes and over billing charges made by firms like Halliburton.
Super Dem, Alan Grayson, calls them on it here. It's another classic.
Again, we should clone this guy.
- Mark
Put another way, Congress can't craft legislation that penalizes or criminalizes acts ex post facto simply because Congress doesn't like what the individual or group has done.
As I noted then, the Bill of Attainder provision in the Constitution was put there to prevent "trial by legislature" or, put more simply, to prevent our country from being taken over by a legislative lynch mob. A politicized, vengeful, and punishing Kangaroo Court mentality was not what the Framers wanted for our nation. This lies at the heart of our separation of powers principle.
Well, guess what? The same Republican Party that said Congress couldn't single out an individual or firm, like AIG, and punish them with new "taxes" on bonuses - because they helped wreck the economy - has had a change of heart. They are now saying that Congress should be able to single out and punish ACORN after the fact because the Republican Party doesn't like that a few employees (since fired) advised a fake prostitute on how to make money. They also don't like ACORN's spending and accounting habits. It makes no difference to the Republican Party that the "crimes" that lit their fire for ACORN pale in comparison to the very real crimes and over billing charges made by firms like Halliburton.
Super Dem, Alan Grayson, calls them on it here. It's another classic.
Again, we should clone this guy.
- Mark
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