Does anyone besides me remember HR 1586 and S 651, also known as "The Compensation Fairness Act of 2009" from last year? This was Congress's attempt to recoup the bonuses paid to the evil Wall Street folks via taxation. The House version passed, the Senate version never made it to a vote.
Evidently, that wasn't the outcome the folks in Congress were looking for. The Senate is currently working its way through HR 4213 the "Tax Extenders Act of 2009". This bill extends certain types of tax cuts, credits, relief, incentives, etc. Senators Baucus, Webb, and Boxer decided the best way to achieve what they couldn't last year was to slip language into a bill that no one was actually crazy enough to read. They have jointly proposed and sponsored Amendment 3342 to HR 4213. Side note, how in the hell can one bill have three thousand three hundred forty-two freakin amendments?! Anyway, Amendment 3342 seeks to amend the Internal Revenue Code of 1986 to impose an excise tax on excessive 2009 bonuses received from certain major recipients of Federal emergency economic assistance, to limit the deduction allowable for such bonuses.
Is this not a Bill of Attainder as defined by Article 1, Section 9 of the Constitution? They're not even saying the want to go after all major recipients of Federal emergency economic assistance. They only want to go after certain major recipients. Who defines which recipients are the certain ones? Does no one understand why the Constitution forbids Bills of Attainder?
I know I'm going to start a lot of hate and discontent with this one, but for the sake of illustration, let me define the "certain major recipients" for a moment. What would happen if I defined the "certain major recipients" as being only those recipients who are Black, Hispanic, or Asian that received bonuses? I would be labeled a racist, every news outlet in America would have my picture and home address plastered everywhere, I'd be (rightfully) forced to resign, and this Amendment wouldn't even make it to a vote, let alone becoming law. Why wouldn't it make it to a vote? Because it's freakin unconstitutional!!!
Do most people feel that if it doesn't directly apply to or effect them, it doesn't really matter? EVERY AMERICAN DESERVES AND IS ENTITLED TO THE PROTECTIONS THAT ARE GUARANTEED UNDER THE CONSTITUTION.
I welcome your comments.
Tuesday, March 9, 2010
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