Rights & Constitution trampled again

Bill of Attainder

Definition: A legislative act that singles out an individual or group for punishment without a trial.

The Constitution of the United States, Article I, Section 9, paragraph 3 provides that: "No Bill of Attainder or ex post facto Law will be passed."

"The Bill of Attainder Clause was intended not as a narrow, technical (and therefore soon to be outmoded) prohibition, but rather as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function or more simply - trial by legislature." U.S. v. Brown, 381 U.S. 437, 440 (1965).

"These clauses of the Constitution are not of the broad, general nature of the Due Process Clause, but refer to rather precise legal terms which had a meaning under English law at the time the Constitution was adopted. A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial. Such actions were regarded as odious by the framers of the Constitution because it was the traditional role of a court, judging an individual case, to impose punishment." William H. Rehnquist, The Supreme Court, page 166.

"Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. ... The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community." James Madison, Federalist Number 44, 1788.

Supreme Court cases construing the Bill of Attainder clause include:

• Ex Parte Garland, 4 Wallace 333 (1866).
• Cummings v. Missouri, 4 Wallace 277 (1866).
• U.S. v. Brown, 381 U.S. 437 (1965).
• Nixon v. Administrator of General Services, 433 U.S.425 (1977).
• Selective Service Administration v. Minnesota PIRG, 468 U.S. 841 (1984).

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I thought I'd lead off with the above definition since, I'm sure, it's unfamiliar territory for the majority of you. [the education and my opinions are both FREE!] The question you may be asking is "What does this mean and why should I care?" Both are valid questions and I'll attempt to answer them for you.

What does this mean? Basically the Founding Fathers had the insight to know that power tends to corrupt people, especially those lacking in character and morals. Corrupt people in positions of power tend to abuse that power to satisfy their own agenda rather than do what is their constitutional duty. As the bold print in the heading clearly states: "a bill of attainder is any legislative act which singles out an individual or group for punishment without a trial."

To clarify... let's say that you work for a large corporation. In your employment contract there is a clause defining a performance bonus. This is to be paid when your performance in your position exceeds the goals established elsewhere in your employment contract or by verbal directive from the person you report to.

Now lets pretend that your job last year was to generate 100 million in new business. (your stated objective) Let's also pretend that you busted your buns and managed to land 200 million in new business! (Way to GO!!) Your contract specifies that you get a 5% bonus for new contracts which exceed your objective. Based upon the 100 million in new business which is over your goal of 100 million.... you're eligible to receive a bonus of 5 million dollars.

You are, of course, already obligated to pay the top marginal rate on this additional income. As of 2009 that is 35%. That means the Federal Government (which did nothing to earn it) is going to demand $1,750,000 from you for your hard work. This leaves you with $3,250,000. Still... not a bad deal all things considered.

NOW let's assume that some member of Congress doesn't think that it's "fair" that you get so much money for your hard work. He's "outraged" and calls the bonus you are getting "theft" from the working class who have a "right" to your money. So... he proposes legislation to put an additional 90% tax on your bonus check to punish you for doing such a good job and being successful. So... the IRS shows up at your door and demands you turn over to them $2,925,000 in additional taxes! Congratulations! Out of your $5,000,000 bonus check you get to keep $325,000.

What has happened is that the congress person has enacted a "Bill of Attainder" which unconstitutionally singled YOU out for special taxation. You are being punished for your success without due process or a trial. Things like this are why it is important to know something about the Constitution. The Founding Fathers wrote it for a variety of reasons. It's not like they were all tossing back beers at George Washington's place and Jefferson spouts off... "Hey guys... I've got an idea.... Let's write a Constitution! That ought to be fun!"

These men had vision and foresight which still amazes to this day. They managed to think of all the ways that government could get out of hand... that people with power might abuse it... and put down in writing exactly what the roll of government was to be. What the federal government was mandated to do and what it did not have a charter to do. These defined limitations were enumerated to protect us from the power of an over reaching government and preserve our rights and freedoms. Sadly the Founding Fathers would not even recognize what the government they created has become today.

Back on message.... "What does this mean to you?" It should be clear that the example above is a parallel to the AIG incident. Congress passing a punitive additional tax on a very specific and narrowly defined group of people. "Trial by legislation and punishment enacted without due process." Just the intimidation of that possibility caused many of the AIG people to reject or return money that they were contractually due to receive. Further intimidating actions by the attorney general of the State of New York and members of ACORN have not only been illegal but bordering on terrorism.

To you it means that if the federal... or any level of government can blatantly disregard the Constitution and run roughshod over the rights of a select few people whom they want to single out... then they can do the exact same thing to YOU, if they so desire. Either the Constitution applies to all people equally or it's not worth the parchment it's written on. Worse is the fact that people... our elected representatives... who have taken an oath to protect and defend that same Constitution... seem to think that it can be invoked or ignored as they see fit. This is the true picture of power corrupting people to the point where they think themselves above the law.


As I have said in the past, elections have consequences. The American people were sold a bill of goods by the main stream media and a significant number of folks bought it hook, line and sinker. Obama said what ever he had to say to get elected and the media promoted him all the way. Hundreds of promises were made to the American people by the candidate. If you've been taking notes those "promises" are systematically being broken.

The latest to go? The promised "tax cuts for the middle class" which were going to amount to a whopping $13 a week for a married couple and $7 a week for a single person. Yes... our caring legislators simply cannot figure out any way of keeping that promise to the American people. I'd suggest they cut the pork and cancel plans to socialize the health care system... but things like that just can't be eliminated. Money for big government cannot be reduced. Money we have to live on cannot be left alone. Big government can never be expected to do with less while we are always expected to surrender our pay to government and do with less.

The good news? There isn't any right now. But... for now anyway... there is another election coming and then we have a chance to correct the problem of runaway liberalism. I still fear that these power mad liberals will figure out a way to suspend elections for reasons of "national interest" or "national security" and we'll find ourselves living under something close to marshal law until the uprising which removes them from office.

Join the TEA Party! (Taxed Enough Already) April 15th in a city near you! For more information go to: www.AmericanSolutions.com

Are we having fun yet?

Well it's going on two months into the Obama administration with total democrat control of the government and time to ask... are we having fun YET? Permit me to quickly enumerate a few of the highlights of the merriment so far.

• In the 1st 50 days of the new administration the democrats managed to pass spending legislation with a dollar total more than has been spent since George Washington took office.
• Queen Nancy Pelosi unilaterally repealed all of the rules which were put into place by the Republicans (when they were in power in the congress) which protected the rights of the minority party with regard to having a voice in the legislative process.
  
• The Vice President met with union bosses behind closed doors down in Florida two weeks ago and, basically, promised them whatever they wanted. What might that be? First of all "card check" which eliminates the secret ballot for Union Elections. Thus the Union thugs will know who didn't vote for unionization and can bully them. Second - Government employees unions (there are many) proposed that ALL of our 401k's be taken over to form a new American Retirement Fund. Note... like social security "your" 401k cannot be transferred to anyone else... it's only for you and only for retirement.
  
• Government officials have been installed in senior positions at all companies and banks who took any of the federal "bail out" money. This, in a sense, is the 1st step toward nationalization. (See the communist manifesto)
  
• After knowing about the proposed AIG bonus checks for over a year, and after Sen Chris Dodd inserted wording into legislation to permit those bonuses, suddenly Washington is "shocked" to discover the 165 million bonus plan. (Remember when the democrats told that the $727 Billion in earmarks was so small that "the American people didn't care.") Why then the upset and indignation over this chump change which, by the way, is a contractual obligation and must be paid.

Those are just a few of the highlights, folks. From one end of government to the other socialism is on the march and multiple hands are reaching for your wallet. There are proposals out there to pass a "floating tax" on gasoline so that the basement price to the consumer is set at $4.

Some governors are saying that they don't want any "stimulus" money which is outraging the Senate and Congress. They are planning legislation to force states to take the money! Now why would they do that? Two words... Social Programs.

You see it's not just a check to the states with no strings... Ohhhh no! There are LOTS of strings and the majority of those strings mandate that states enact various social programs with the money. Good so far, right? Social programs need offices and staffs so there are construction jobs and hiring of people... still a nice thing, right?

All we need now is to find or create a group of victims to serve! Still good.... right? Now then... two years passes and POOF! All that federal money runs out and no more is coming for all these programs. Do you honestly think when that happens they are just going to close the doors and call it quits? NOPE! What has to happen then is the cost of all those programs... which the states didn't want to start in the first place.... now transfers TO those states... and they now have to come up with the money to fund them.

What else have we seen to make us think we're having fun? How about that phony circus of berating automobile executives for arriving in Washington DC, after being ordered to do so by congress, in corporate jets. So after shaking her indigent finger at the auto exec's... Queen Pelosi jumps on HER Private 757 for a flight home. Double standard anyone?

Barney Frank and Chris Dodd.... the two people most responsible for the financial meltdown by being "in bed" (literally in Mr. Frank's case) with the folks running (ruining?) Fanny Mae and Freddie Mac. Both had the audacity to blame President Bush for the crisis! What freaking alternate reality are those two living in?

In 2008 alone the Bush administration tried 17 times to investigate and reform both federal housing agencies. All attempts were blocked by Frank and Dodd. I could list ALL of the Bush administration attempts to reform this GSE (Government Sponsored Enterprise) but it's easier if you just read them yourselves.

http://gatewaypundit.blogspot.com/2008/09/bush-called-for-reform-of-fannie-mae.html

Wasn't that enlightening? The financial crisis is all Bush's fault, huh? Seems like the only folks trying like hell to avoid the mess were Bush's people! Democrats were blocking it at every turn and bad mouthing the President as they did. What hypocrites!

Might want to step outside and take a good look around... perhaps a few pictures too. If the democrats in power now have their way... and sooner or later they will because they never stop hating freedom and America.... the country you grew up knowing and loving is a thing of the past. Get ready to have your taxes raised at all levels to pay for the pork and nanny state government interventions. Get ready for rationed health care. Make a place at your corporate table for your local Union thug. Watch as the left rewrites the history of the last administration while glossing over or totally ignoring all the gaffs and outright blunders made by the current administration.

Also... pay close attention to the minorities.... the blacks whose numbers swelled at the polls and elected Obama knowing that he was going to save them all and give them everything the democrats have been promising for the last 60 years. Watch what happens when they figure out they have been collectively played for fools.

All this is both sad and predictable. Obama is, after all, both a liberal and a democrat. His record in the senate was the second most liberal there... even to the left of John Kerry! (who served in Vietnam by the way) That Obama would govern as an ultra liberal should be no surprise to anyone who was paying attention. And for those of you who were paying attention you'll remember that Obama said we was going to remake America.... NOT reform it or return it to it's previous glory. (which would have been the Reagan years!)

The sad part is that the election of Obama was an historical landmark in our nations history. Never mind that he refuses to this day to present proof that he's even eligible to hold the office his election is historic none the less. He could have capitalized on that fact and done great things. Instead once he took office he blew the right rudder off the ship of state and has been taking us on a big left turn every since.

This is NOT a liberal or left wing nation! Far from it. While the main stream media refuses to give it any coverage (see the communist manifesto) there are demonstrations and "tea parties" taking place from sea to shining sea. The constitution specifically gives to the people the absolute right to "throw off" any form of government which they feel has become too powerful and too oppressive. Obama may very well make history twice... once by being the first black elected president... and again by being the first president forcibly removed from office. The American people will only take so much before they take action.