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A Smoot-Hawley Moment
(FROM: The Wall Street Journal)
So often, the left laments how our Constitution is obsolete, how the founders couldn’t possibly have anticipated the idiosyncrasies of American life 240 years down the road. The AIG issue, specifically the 90 percent tax passed at the close of last week by the House, busts apart that argument.
Article I, Section 9 of the United States Constitution bars the passage of any ex post facto law, legislation meant to punish someone after the fact for conduct which, at the time in question, was not unlawful. In other words, it’s the bonus flap in a nutshell, the equivalent of me punishing my two-year-old for eating a cookie after I baked a batch and offered one to her, urging her to take a bite.