Tuesday, February 10

Ex Post Facto

How can a retroactive limitation on senior executives be Constitutional?

Language in the stimulus added by Sens. Chris Dodd (D-Conn.) and Claire McCaskill (D-Mo.) could impose retroactive limitations on senior executives who have taken money under the Troubled Asset Relief Program (TARP). The limits would be much more potent than the rules announced by the Obama administration.

According to wikipedia ex post facto prohibitions have been found in administrative law. So this might not be unprecedented, but that doesn't make it helpful or Constitutional.