While your words make sense to me, I cannot wrap my head around viewing it that way. It clearly makes them post facto guilty of the crime of owning the company (which is also not constitutional) and their punishment is either divestiture or shutdown -- which is an actual punishment given out by courts, not congressmen.
First, you could say something similar about many restrictions.
If there is one steel monopoly and you ban being a monopoly then we can apply the same logic you have there.
To be completely fair, the “illegal part” of being a monopoly is not generally in the existence of the monopoly itself, but in the monopolistic actions the company may take. However, those actions may be a fundamental part of the function of the company, and I’d argue that country of ownership is another property that should be eligible for restriction.
Second, and _far_ more importantly, it is not clear to me that it’s unconstitutional to make a law that a foreign company can’t operate a certain type of business in America.
I would argue this is a bad example because it will lead into a conversation about monopolies, which is off-topic.
Restrictions are fine, but they need to apply broadly -- this law was specifically targeted at a single US entity, owned by a foreign entity. To me, who has only coarsely read up on this due to his account being cut off because I originally signed up with a US phone number when I lived in the US; it seems as though a bunch of rich people got mad that someone else in another country was getting rich.
Keep in mind that I am just now even caring about this situation, so I'm coming in with fresh eyes and limited history. In any case...
> it is not clear to me that it’s unconstitutional to make a law that a foreign company can’t operate a certain type of business in America.
Of course they can. My only issue is that they are targeting a specific entity and punishing them for being owned by someone in another country, which seems unconstitutional. If they targeted all companies, big or small, it would be different. I may not like it, but it wouldn't be questionable.
