Even Harvard Law Professor Laurence Tribe seems to think that the recent congressional action to tax away the AIG bonuses is unconstitutional:
Tribe’s assertion could spell big trouble for the measure, because it could harden opposition within the Obama administration against the proposal at a time when Obama and his advisers are already expressing doubts about it.
Tribe had previously said that he thought the measure — which would slap a 90% tax on bonuses for executives whose family incomes exceed $250,000 — would pass constitutional muster. But now, after taking a closer look, he’s not so sure.
Tribe says the problem with the bill is that the Constitution forbids Congress from enacting a “bill of attainder,” which would essentially “legislate punishment of an identifiable class,” as he put it. Tribe noted that the Supreme Court had used that clause to slap down other laws.
Tribe says the main problem is that it’s hard to make the case that the law isn’t “punitive.”
Tribe argued for Gore in 2000 and advised Obama during his campaign.
