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Is the 90% Tax Bill Constitutional?
Is it against the US Constitution to tax 90% of earnings?
In the case of the AIG bonuses it is unconstitutional to tax these earnings based on several factors.
1. Congess (namely Democrats) put bonus protection in the stimulus bill that AIG received, thus protecting those that received them from punitive actions.
2. The constitution prohibits Ex post Facto laws. This means that Congess cannot punish someone punitively with a new law for past actions. Taking money earned is definitely punitive action and the bonuses happened in the past. Section 1 Article 9
3. The Constitution also prohibits in Section 1 Article 9 bills of Attainder. This prohibits laws that only affect certain individual or a small group. Regardless of how much we may hate AIG employees (I am not one of them), it is unconstitutional to punish them monetarily exclusively while exempting all others.
There really is no constitutional argument to allow for the punitive taxation of AIG or any other company exclusively.
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