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Remember when Antonin Scalia said that "punishment" could only apply [View All]

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Home » Discuss » Archives » General Discussion (1/22-2007 thru 12/14/2010)

Rex_Goodheart

(1000+ posts) Send PM | Profile | Ignore

Thu Mar-19-09 03:57 PM
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Remember when Antonin Scalia said that "punishment" could only apply

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in a situation where somebody has committed a crime?

Let me be the first to say that his scumminess is about to come back to haunt him.

Today's 90% TARP tax is likely bound for the Supreme Court. The challenge will be that the tax violates Article I's prohibition against Bills of Attainder and ex post facto laws. But in order for those prohibitions to apply, the governmental action has to be considered "punishment." Since the Congress is in no way charging the AIG recipients with a crime, how, Mr. Scalia, can you call it "punishment"?

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