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Forum (Forum & Focus)

Apr. 8, 2009

Bonus Questions

Though the proposed 90 percent tax on AIG bonuses raises constitutional issues, courts aren't likely to block the plan, writes professor Joerg Knipprath.

FORUM COLUMN

By Joerg W. Knipprath

Congress is still considering imposing a 90 percent tax on bonuses paid to executives at financial institutions that receive certain government subsidies. Several arguments can be made that such a tax is unconstitutional. In the end, it is unfortunately unlikely that such arguments will be successful.

The ex post facto clause prohibits government from making something criminal that was not criminal when d...

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