Posted on 05/21/2012 6:25:56 AM PDT by SeekAndFind
The Ex-Patriot Act introduced by Senators Chuck Schumer and Bob Casey is a bill of attainder which would result in cruel and unusual punishment.
Eduardo Saverin's renunciation of U.S. citizenship has angered many people in the United States. I write as one who has also relinquished U.S. citizenship. As a blogger who openly writes about the experience, I've attracted some media attention, including an article by Dow Jones columnist Al Lewis. Lewis starts by saying that I renounced my citizenship to avoid the IRS. So now, Saverin and I have joined the ranks of the most hated people in America -- so much so that Senators Chuck Schumer and Bob Casey want to banish the likes of us from the United States forever. To that end, they have proposed a new law, the Ex-Patriot Act. But would such treatment of former citizens be in accordance with the rule of law? I would like to argue that it would be a bill of attainder, forbidden by the US Constitution. The late Chief Justice Rehnquist explains a bill of attainder as follows (emphasis mine):
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"These clauses of the Constitution are not of the broad, general nature of the Due Process Clause, but refer to rather precise legal terms which had a meaning under English law at the time the Constitution was adopted. A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment."
(Excerpt) Read more at americanthinker.com ...
NOTE FOLKS, the writer if this article is an EX_AMERICAN CITIZEN.
He argues that what Chuck Schumer and Bob Casey are doing is UNCONSTITUTIONAL.
Here is his argument (CLICK ON THE ABOVE LINK FOR THE REST OF HIS ARGUMENT) :
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the Constitution absolutely prohibits ex post facto laws. But these illustrious senators also have no grasp of history. Historically, banishment is a form punishment. Permanent exile is a vicious and vindictive form of punishment often exacted in lieu of execution. But what for? Eduardo Saverin has only exercised a fundamental human right. Thus, far from committing a crime, he and I have done nothing wrong except to assert our right to leave the United States to avoid extra-territorial tyranny in the form of tax and bank account filing requirements; this is not so different from the thirteen colonies fighting a war against the mother country to avoid taxation without representation and whole host of other abuses.
This Ex-Patriot Act and the Reed Amendment are thus bills of attainder, which apply punishment and the seizure of a person’s of wealth without the benefit of a criminal trial. Banishment is terrible and inhumane; it is in principle a violation of the Eighth Amendment, which permits no cruel and unusual punishment. Even Professor Bruce Ackermann at Yale Law, who called for banning Saverin in the LA Times, understands this and would therefore allow an exception for those who would need to visit a family member who is dying or in hospital.
Exile is torture, and torture is universally condemned around the world. The Ex-Patriot Act would permanently separate persons from their heritage and their families — children from parents, brothers from sisters, nieces and nephews from beloved aunts and uncles. It tears people away from communities and friends. Exile would destroy their lives. It is psychological warfare, condemning people to years of regret, bitterness, and rage. Saverin is lucky to be originally from Brazil. But many thousands of those who have relinquished and will relinquish citizenship are citizens by birth and have loved ones still living in the United States.
The multi-millionaire lying, cheating, scamming scumbags in congress who have destroyed our culture and economy while making themselves and their pals rich are upset that they won’t be able to get their hands on any more of Saverin’s wealth.
I think we’re beginning to see a pattern, that the U.S.A is not a country of law and contracts, charters but of POWERFUL men who are tyrants.
America hasn’t been a “civilized country” since January, 2009, when the corrupt, criminal 0bummer&Co Regime usurped dictatorial power.
Boehner agreed with the Dems. Don’t expect help from statist Republicans.
Maybe we need a Berlin type wall to keep productive Americans trapped here, while giving illegals EZPasses to get in here and vote.
“But many thousands of those who have relinquished and will relinquish citizenship are citizens by birth...”
I wonder where we’d all be if all those who have fled the field would have stayed and fought back.
An "aristocracy of pull" - as Francisco d'Anconia called it in Atlas Shrugged.
Gonzalo Lyra wrote a great column recently called Structural Pliancy which explains exactly how it works. The closer you get to the top of the pyramid, the less rules and laws matter to you - a man in Washington can get you an exemption, or special punishment if you misbehave.
Don’t hate the ex-patriots. Hate the government which makes their actions necessary.
But all the poor illegal aliens without any skills and with huge impacts on the US social welfare system are welcome, any time, and we will actively help the invaders. What a country.
I agree that requiring him to pay tax on his Facebook gains would be an ex post facto law. He didn't owe tax early last week because he didn't have a capital gain. He didn't owe it after the IPO because he was no longer a US citizen. But if he doesn't want to be here any more because of the taxes, we have no obligation to let him back in if he wants to visit.
Here’s a thought experiment: Imagine if instead of Eduardo Saverin who was a naturalized US citizen who gave up his citizenship for tax purposes, it was someone else. Just picking a name of a naturalized US citizen completely at random, what if it was George Soros who did the same? How many Freepers would be throwing rocks at his plane as he left shouting “never darken our shores again, you (@#$(@((!”
“forbidden by the US Constitution.”
Takes a lotta f-in’ gall for someone who renounced his US citizenship to try to make a constitutional argument.
That being the case, you'd think he would know how to spell "Expatriate".
Clearly and specifically prohibited by the Constitution. Its just another assault on that mighty document. In that the Marxists are truly relentless.
I would never miss the opportunity to throw rocks at George Soros' plane.
Besides, George Soros is not some random naturalized US citizen. Soros has been instrumental in empowering and helping elect the very people who instituted the tax policies smart people are running away from.
He's an idiot to boot. You have to wall the people in first! Then you confiscate their wealth.
“Ex-Patriot Act introduced by Senators Chuck Schumer and Bob Casey”, thanks SeekAndFind.
People should also look at the case of Wegelin & Co.
This Swiss Bank founded in 1741 has never had offices or employees in the USA. Several years ago, it took over some US-citizen clients from UBS bank, who was exiting the business of serving wealthy Americans.
Wegelin told its US-citizen clients simply that it would not report their accounts to the US IRS, and doing so was their own responsibility. Wegelin has no connections to or business within the USA, nor did it break any Swiss laws in doing so.
Regardless, the US Gov’t brought suit against Wegelin. When Wegelin did not respond, it stole (err, sorry, seized) $16 million held at UBS elsewhere under Wegelin’s name.
Regardless of what you think, the US Gov’t sees you, and your productive ability, as their property.
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