The prevailing academic view seems to be that courts are unlikely to invalidate a confiscatory tax on bonuses received by executives at AIG and other TARP recipient companies. Paul Sracic at Youngstown State takes a different view.
Congress may have more of a problem with the Bill of Attainder provision than they are admitting. This is because the separation of powers principle that might normally argue for judicial deference may
run in the other direction here.Chief Justice Earl Warren wrote in US. v. Brown (1965) that the basic
reason for a Bill of Attainder clause was to prevent