Ex Post Facto, Ipso Facto

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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So often, the left laments how our Constitution is obsolete, how the founders couldn’t possibly have anticipated the idiosyncrasies of American life 240 years down the road.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.




    RIGHT ON JEFF! You are gonna be one cracker jack lawyer. VIVA LA CONSTITUTION !

  2. goddessdivine says:

    Ironic how a busload of people flooded the neighborhoods of the AIG execs receiving the bonuses, yet we hear no outcry for this administration breaking the law with this confiscatory tax. Unreal.

  3. Anonymous says:

    people from AIG, used to say that they were as strong as the STAR SPANGLED BANNER,etc, that if AIG ever fall was because the country was already wrecked
    well, here we have it¡¡¡¡¡

  4. Bodenzee says:


    I’m not attorney, but when i read Calder v. Bull years ago it opened my mind to how obtuse the thinking in the Supreme Court is.

    As I understand it the SCOTUS believes that Art I, Sect 9 only applies if the matter is criminal. For civil issues retroactive laws are fine.

    cf: Calder v. Bull, 3 U.S. 386 (1798)

    Please tell me if I’m all wet on this.

  5. Tilli says:

    Luckily the senate has a few less worthless oxygen wasting vessels than the house.

  6. cpabooks says:

    I found this and have not confirmed it, but the police state has already begun if it is true.

    “Reminiscent of Jessica Hughs’ visit by the Secret Service Federal Judge James Robertson sent US Marshalls to Jesse Merrell’s home:

    After Federal Judge James Robertson dismissed his request for Barack Obama to prove his Hawaiian birth, Merrell shared his sentiments in writing with Judge Robertson:

    “How dare people use a flimsy thing like the Constitution to darken your sanctimonious door!… The insane idea that a blue-gum baboon slashing our Constitution has to prove U.S. citizenship – as our silly old Constitution demands – is too absurd to consider in the sacred chambers of the tiny tin gods of the Potomac, adorning the royal purple and sipping Jim Jones Kool-Aid.

    “Thanks to smug, slimy shysters like you, Obama gets a free ride – snootily stomping on our foolish Constitution, which supercilious idiots like you have long ago shredded for their own stupid opinions!”

    Instead of celebrating Merrell’s First Amendment right, Judge Robertson dispatched US Marshall’s to Merrell’s home.

    Former police officer and private investigator Clark Baker reports here.”

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