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Congress Vs. The U.S. Constitution

Does Congress Have Any Idea What The Constitution Is All About?

Despite how we feel about the AIG contracts, Congress cannot ignore the Constitution, and take actions or exercise power that has been limited by that sacred document.

I tend to think most of the members of Congress act on ignorance and have never taken the time to read the Constitution. We should all hope my assumption is true, because the alternative would mean members of Congress do understand the Constitution, but refuse to support and defend the principles of that document.

This is what your representatives just voted for:

H.R. 1586

Here are some of the quotes directly from this un-constitution legislation that the House of Rep. just passed:

SECTION 1. BONUSES RECEIVED FROM CERTAIN TARP RECIPIENTS.

(a) IN GENERAL.—In the case of an employee or former employee of a covered TARP recipient*, the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for any taxable year shall not be less than the sum of— 90 percent of the TARP bonus received by the taxpayer during such taxable year. *Congress is punishing a single group of employees which makes this a Bill of attainder


EFFECTIVE DATE.—This section shall apply to disqualified bonus payments received after December 31, 2008, in taxable years ending after such date. * The bonus contracts where allowed by law thanks, to Sen. Dodd, and now congress wants to go back "ex post fact" and make the contracts illegal.

this is the Dodd amendment:


From page H1412 of the Final Stimulus Bill, “SEC. 111. EXECUTIVE COMPENSATION AND CORPORATE GOVERNANCE:

'(iii) The prohibition required under clause (i) shall not be construed to prohibit any bonus payment required to be paid pursuant to a written employment contract executed on or before February 11, 2009, as such valid employment contracts are determined by the Secretary or the designee of the Secretary.”

This amendment provides an exception for contractually obligated bonuses agreed on before Feb. 11, 2009, which exempts the very AIG bonuses.

Here is what your Constitution says:

"No bill of attainder or ex post facto Law shall be passed. " (Article 1, section 9: The Limits Of Congress.)

Definition of bill of attainder:
A legislative act that singles out an individual or group for punishment without a trial.

Definition of ex post facto law:
Ex post facto is a Latin term meaning "from a thing done afterward." Ex post facto often refers to a law that applies retroactively, thereby criminalizing conduct that was legal when originally performed. The U.S. Constitution prohibits ex post facto laws.

One of our founding fathers had this to say about the evils of bills of attainder or ex post facto laws:

"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.

You may be saying big deal these greedy pigs deserve what they get. However, if Congress can ignore the Constitution on this issue, what else will they ignore?

--What happens if you sold your home in February under a legal contract, and then in March, Congress decides your making too much on the sale so decides to make a new law to tax your proceeds from the sale at 90%, would that be fair?

-- What if you bought a brand new SUV in January and in March Congress decides that you need to be penalized for buying that gas guzzler, and they vote for a new 20% federal sales tax on all SUV sales, would that be fair?

You see if we the people allow HR 1586 to go unchecked than this will be the start of the destruction of our Constitution.



This post first appeared on Report On America, please read the originial post: here

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Congress Vs. The U.S. Constitution

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