Need some constitutional law help?

I keep reading from all the constitutional law scholars here on Y/A that we cannot do anything about the bonus money being paid to the AIG execs. (seems like the enron accounting they used is fraudulent). OK Clearly I think this is wrong, but i am not an expert.

Why then is is OK to break a collective bargaining contract? Isn’t that also a legally binding contract? or do we have two classes of constitutional rights herre, bankers rights and average joe rights?

Its about rich people fighting over their money!!
They have a voice in the media that no average middle class worker has. The union workers are in trouble and blamed, the rich executives that "managed" the companies into the Ground run away with millions to invest safely in Euros.
They can make their argument that taxing away their multimillion dollar bonuses is an unconstitutional bill of attainder, because the tax is punishment taking of property of an easily identifiable group without due process (hearing).
That the bonuses were retention bonuses (complete bull). That it wasn’t the fault of some of the executives so they deserve their millions while the average worker goes unemployed.
The government is already backing down after making a public "stink"

Post Author: mark

6 thoughts on “Need some constitutional law help?

    Poohcat1

    (February 22, 2010 - 12:39 am)

    The only time a collective bargaining contract can be broken is in the event the company who is the partner in that contract files for bankruptcy. This breaks all contracts regardless of their purpose and restructures them so those who were owed money by the company can be paid their rightful percentage from the sale of the property. In the event of a restructuring bankruptcy, again, a portion of the contract would still need to be honored.
    References :

    Miss Kitty

    (February 22, 2010 - 1:09 am)

    They have also taken upon themselves to be able to undo legally binding contacts. (forced mortgage/foreclosure re-dos) Both are against the constitution.
    References :

    . .

    (February 22, 2010 - 1:58 am)

    Not more than tangentially related.
    First, you aren’t aware of a collective bargaining contract having BEEN broken, so why do you ask?
    Second, in most states where they are common at all, they are NOT voluntarily entered into so in no ethical sense are they valid contracts at all. A company is "given" a "choice." Sign or stop existing. Collective bargaining contracts are EXACTLY as ethical as Mafia contracts.
    References :

    Boatman1

    (February 22, 2010 - 2:14 am)

    It is NOT legal to break a collective bargaining agreement— this is called a "wildcat" strike.

    It would be a sad day for America when the Federal government could dictate, alter. or revise, private business contracts.

    This is what happens in countries like Venezualia– with the wonderful (NOT) Hugo Chavez. He alters contracts all the time and even confiscates private businesses.
    References :

    Exile

    (February 22, 2010 - 2:35 am)

    Both Contracts only can be negated by Bankruptcy. Some of those bonuses were earned by meeting a quota: would you cheat those executives out of their pay? And the Retention Bonuses: What happens when the experience leaves because of the loss of these bonuses and the third stringers(inexperienced) destroy AIG rendering them incapable of paying the taxpayers back? There is a such thing as a no win scenerio in an economic downturn. Let’s face it: If they don’t get their bonuses they will move to a place that will honor their contracts and leave the taxpayer with the bill. BTW Obama and company approved those bonuses themselves.
    References :

    ♥ Persianowitz ♥

    (February 22, 2010 - 3:16 am)

    Its about rich people fighting over their money!!
    They have a voice in the media that no average middle class worker has. The union workers are in trouble and blamed, the rich executives that "managed" the companies into the Ground run away with millions to invest safely in Euros.
    They can make their argument that taxing away their multimillion dollar bonuses is an unconstitutional bill of attainder, because the tax is punishment taking of property of an easily identifiable group without due process (hearing).
    That the bonuses were retention bonuses (complete bull). That it wasn’t the fault of some of the executives so they deserve their millions while the average worker goes unemployed.
    The government is already backing down after making a public "stink"
    References :

Leave a Reply