Michigan Lawmakers Push Law to Force Jill Stein to Pay 100% for Her ‘Frivolous’ Recount. Note from Orly: a law cannot be applied retroactively
Posted on | December 7, 2016 | 2 Comments
Michigan Lawmakers Push Law to Force Jill Stein to Pay 100% for Her ‘Frivolous’ Recount
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2 Responses to “Michigan Lawmakers Push Law to Force Jill Stein to Pay 100% for Her ‘Frivolous’ Recount. Note from Orly: a law cannot be applied retroactively”
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December 7th, 2016 @ 3:18 pm
One exception to that may be that Bill Clinton passed a retroactive estate tax increase in 1993.
https://articles.baltimoresun.com/1993-08-11/news/1993223042_1_retroactive-tax-rates-estate-taxes
The supreme court case that made it possible.
https://articles.latimes.com/1994-06-14/news/mn-3963_1_retroactive-tax
“In a concurring opinion, Justice Antonin Scalia derided the government for “bait-and-switch taxation,” but he nonetheless voted to uphold the law.
The Constitution itself bars ex post facto laws. Since 1798, the Supreme Court has said that limit applies only to criminal laws, not civil measures.”
It looks like Michigan can do this.
December 8th, 2016 @ 10:49 am
Very interesting writeup about the retroactive Clinton tax here:
https://www.heritage.org/research/lecture/retroactive-tax-increases-and-the-constitution
Scalia called it a “bait and switch” but still, the supreme court upheld it unanimously.