Free Republic
Browse · Search
News/Activism
Topics · Post Article

This is very wrong. They are targeting specific individuals, after the fact, for something lawfully given.

This is extremely dangerous ground, and a large number of Republicans voted for it.

1 posted on 03/19/2009 12:10:57 PM PDT by ConservativeMind
[ Post Reply | Private Reply | View Replies ]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-57 last
To: ConservativeMind

85 Republicans voted in favor and 87 voted against. Not much “whipping” going on from the House minority whip.


110 posted on 03/19/2009 1:20:01 PM PDT by jamese777
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind
This is very wrong. They are targeting specific individuals, after the fact, for something lawfully given.

It's called Bill of attainder(sp) and is unconstitutional....Congresscritters can't 'go after' individuals or small groups of people. Of course with a populist congress, a populist whitehouse, and a populist Justice Branch, all rich people (people who make more than 12,000/yr) should simply hang themselves with piano wire (Barney Frank thinks so after being appraised by AIG CEO Lilly of the effect this strawman was having on his employees). This was simply a class envy strawman that the kabuki federal gov't is throwing up as a trial balloon before electing themselves to lifetime positions. looks like it's succeeding.

112 posted on 03/19/2009 1:20:58 PM PDT by CRBDeuce (here, while the internet is still free of the Fairness Doctrine)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind
This has been adjudicated before with the drug taxes. Individuals were arrested for dealing drugs and then they were taxed the value of the drugs. Here is the operative language from one such case:

The central question in this case, like that in Kurth Ranch, is whether the tax in question is, despite its label, a criminal penalty.4 A "tax" can encompass any "pecuniary burden laid upon individuals or property for the purpose of supporting the government." New Jersey v. Anderson, 203 U.S. 483, 492 (1906). The North Carolina Drug Tax, as a pecuniary burden laid upon drug dealers, is in that sense a tax. But the question here is whether the tax is so punitive that the constitutional protections afforded to criminal defendants should attach to its enforcement. "`[T]here comes a time in the extension of the penalizing features of the so-called tax when it loses its character as such and becomes a mere penalty with the characteristics of regulation and punishment.'" Kurth Ranch, 511 U.S. at 779 (quoting A. Magnano Co. v. Hamilton, 292 U.S. 40, 46 (1934)). A penalty "may be termed a duty or tax and yet be a penalty. Its name does not determine its nature."5 Fontenot v. Accardo, 278 F. 871, 874 (5th Cir.1922). As we explain below, North Carolina's Drug Tax, like Montana's Dangerous Drug Tax, has enough punitive features that its nature is that of a criminal penalty, not a civil tax.

Lynn v. West 134 F.3rd 583 (4th Cir., 1998)

If it's designed as a penalty and not for raising revenue, it's a penalty, no matter what the government calls it. If it's a penalty, then those being penalized are entitled to due process.

117 posted on 03/19/2009 1:22:50 PM PDT by keepitreal (Obama brings change: an international crisis (terrorism) within 6 months)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind

Congress has turned into a mob, more like a pack of wild mongrel dogs attacking everything in their path. Nobody is safe...nobody. But there are many who think they are part of the pack...and they aren’t.

This is unconstitutional in every way I can think of. More, it is purely deceitful...They, congress and ZERO signed this into law and now they are making it the fault of someone else. Self righteous indignation is all this amounts to.

This is another dose of TERRIBLE news for the Dying AMERICA.

Our Constitution has been trampled just as though congress and ZERO went to the National Archive, tore it from the vault and burned it on the National Mall.

I am sick to my stomach.


123 posted on 03/19/2009 1:27:24 PM PDT by Sequoyah101 (Get the bats and light the hay)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind

Maybe I’m wrong, but doesn’t the legal concept of keeping to a contract pre-date even something as old and established as habeus corpus?


126 posted on 03/19/2009 1:28:26 PM PDT by paulycy (BEWARE the LIBERAL/MEDIA Complex)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind
This is very wrong. They are targeting specific individuals, after the fact, for something lawfully given.

Damn right it's wrong. It's called a Bill of Attainder with the punishment set as punative taxation.

127 posted on 03/19/2009 1:29:21 PM PDT by Centurion2000 (01-20-2009 : The end of the PAX AMERICANA.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind
I want my country back. We need to get the states to put the federal government on notice. They work for us and they have become nothing but a gang of thugs.

The 10th Amendment resolutions are nice, but nothing will get better until the states take a stand against this nonsense.

128 posted on 03/19/2009 1:29:22 PM PDT by SaveTheChief (Obama lied, America died.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind

Who is next in the Gestapo of our time?


141 posted on 03/19/2009 1:36:34 PM PDT by bestintxas (It's great in Texas)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind

Is there a list of the Republicans who voted for this bill? I want to see if my congressman understands the constitution or not.


147 posted on 03/19/2009 1:39:21 PM PDT by Arizona Carolyn
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind

This will be tied up in court for years to come and will end up costing the tax payers many times over the cost of those bonuses.

I am waiting to see a list of Republicans who voted for this.


153 posted on 03/19/2009 1:42:39 PM PDT by Eva (CHANGE- the post modern euphemism for Marxist revolution.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind

Your position is correct. As much as I find the AIG bonuses to be extremely distasteful, passing a law that essentially imposes a retroactive tax is extremely dangerous as it establishes a precedent that could be followed in the future to increase government revenues.

How would people feel if this law were one day cited to levy a tax on their lawfully gain incomes from some past period?


154 posted on 03/19/2009 1:42:44 PM PDT by backtothestreets
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind

You can bet they will be hiring some real clever tax lawyers when they do their taxes next year.


191 posted on 03/19/2009 2:11:19 PM PDT by RetSignman (DEMSM: "If you tell a big enough lie, frequently enough, it becomes the truth")
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind

I am very against the bailout, but this is absolutely chilling!


193 posted on 03/19/2009 2:13:00 PM PDT by algernonpj (He who pays the piper . . .)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind
The people that received the bonuses need to file for an emergency court order prohibiting the Government from any future harassment and have this bill right now squashed.

Obama knew these bonuses were being given and now he needs to explain why he's throwing his supporters under the bus.

208 posted on 03/19/2009 2:35:31 PM PDT by tobyhill ("Hope and Change" is so overrated!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind

Express your outrage at Conservative’s rising star, Eric Cantor who vote for this piece of crap. He’s out there blaming AIG for this mess. He needs to figure out the Democrats created this debacle.


223 posted on 03/19/2009 5:01:55 PM PDT by BigSkyFreeper (There is no alternative to the GOP except varying degrees of insanity)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind

Guess no ex post facto laws in the constitution is now to be ignored.

Libtards have no guts to own up to failure, and no respect for the Constitution.


228 posted on 03/19/2009 5:37:11 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: ConservativeMind
I just gave Cathy McMorris-Rodgers' (R, WA-5) Spokane WA office (509.353.2374) both barrels on the "Act To impose an additional tax on bonuses received from certain TARP recipients" (HR 1586, Roll Call 143). She also voted for HR1388 (GIVE Act)(= Involuntary Servitude) (Roll Call 140).

I told them she's toast, politically, as far as I'm concerned. No more money to her campaign, or to the County, State, or National Republican Committees of any stripe. No more support, and I will attend every one of her local meetings that I can and pin her down on these actions.

Next step: fax to her WA DC office (Phone: 202-225-2006 Fax: 202-225-3392) on this.

Good source for tracking this stuff: The House Clerk's website (http://clerk.house.gov/legislative/legvotes.html)

230 posted on 03/19/2009 5:39:43 PM PDT by castlebrew (Gun control means hitting where you intended to!)
[ Post Reply | Private Reply | To 1 | View Replies ]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-57 last

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson