The Angry White Guy

I generally post in a stream of [un]consciousness leading to some rambling at times. However let’s get semi-scholarly shall we. For the record I’m not getting a bonus, I’m not a millionaire nor do I work for AIG or any company that has been bailed out. So why should care if some Wall St banking geek gets their bonus or not … well I don’t care if they get their money or not, what I do care about is the fact that congress is wiping their sanctimonious asses with the US Constitution.

This unconstitutional bill was sponsored by Rep. Charles B. “Tax Cheat” Rangel,

H.R. 1586 would impose a new 90% tax on bonuses received by employees of certain companies that received funds from the Troubled Asset Relief Program (TARP). The tax would apply to any bonus given after December 31, 2008.

Key phrase “certain companies.”

The bill defines a “TARP recipient” as any person or persons who have received more than $5 billion in TARP funds, Fannie Mae and Freddie Mac, and any company that is either connected to a TARP recipient through stock ownership or is more than 50% owned by a TARP recipient. If a company repays its TARP assistance funding to a level below $5 billion, its employees would no longer be subject to the 90% tax.

So why is it unconstitutional? In Article I, Section 9, paragraph 3 of the U.S. Constitution — a section stating Congress cannot pass any “Bill of Attainder” or “ex post facto” law.

A Bill of Attainder is an act of the legislature that singles out and punishes a group or individual without trial. An ex post facto law retroactively changes the legal consequences of an act.

“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.” William H. Rehnquist, The Supreme Court, page 166.

Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. … The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community.” James Madison, Federalist Number 44, 1788.

While personally I do not think AIG is worthy of the bonuses they received, the law and that little annoying piece of paper the US Constitution makes it clear in my opinion. AIG has a right to keep it based on their contract and the Dodd amendment and I’m willing to bet that the ensuing legal battle will cost far more than the money that is recouped from the bonuses.

As a side note my own RINO Rep Ed Witfield voted for the bill and he will claim this is what the people wanted as he is about as deep as a parking lot puddle. I called his office and left him a message regarding the Constitutionality of this bill, but what would I know I’m just a ordinary average guy that works on houses in the real world and he’s a big time fancy lawyer/Congressmen living in a bubble.

So Ed when you or one of your minions (Attention minion, pass it on the Fast Eddy.) read this post remember you took a oath to “support and defend the Constitution of the United States” which you seem to have little understanding of, so please let me know if you need a copy I’ll send you one.

As for your oath let me remind you of the current oath that was enacted in 1884 that you took,

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

Seems to me that you Ed Whitfied (RINO-KY) violated your oath of office, as you voted to support this unconstitutional bill and by that failed to support and defend the Constitution so that would make you and 327 other member of congress enemies of the state, would it not? You failed to faithfully discharge your duties of the office you entered, perhaps Rep Whitfield it’s time to discharge you and have you exit your office.

These idiots in congress facilitated AIG to receive these bonuses by voting on the Stimulus Package bill (HR 1) that NONE OF THEM READ! Now they act indignant? The audacity and arrogance is unbelievable that they would pass another bill to correct a screw up that they made under the cloak of being responsible.

Throw the bums out.

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