"Reading a little bit (and maybe there is/are someone here more knowledgeable than I) but to target day traders and firms that daytrade while exempting pensions and 401k which may employ similar trading activities, doesn't this fall under a violation of the Constitution in re: Bills of Attainder?"
Maybe, but consider this point:
Lobbyists for big boys, like GS and others, have the bucks to bribe those power hungry (as ever always, see my last few posts) pols into giving THEM the keys to the kingdom while the little guy they say they are not against gets told, "oh well, you really should not be gambling, invest like good ordinary buy and holders, 401kers, etc.".
This is the whole point, you KNOW the big guns WILL get hidden exemptions or other clauses that make THEM even more powerful than now, because that is nature of the game.
Pols always do this as they do EVERYTHING that increases their power, as per human nature, just like the pig Napoleon in Animal Farm did in the Orwell book, no matter what intentions he started out with, he ends up sucking up to that new human farmer carting in goods and booze and cheeses that OTHERS in the herd are not privy to.
That is why it is so comical that people with ordinary means keep falling for this boondoggle, like these pols care about them! Against the corporations, pu-leazze!
Most regulations like the Pattern Day trading rule requiring no less than 25K balances, etc. only benefit better capitalized players. It puts barriers in the way of the little guy to entry and participation.
Same with these taxes. Even IF it applied to everyone, (and it won't, see this above) the big guns can sustain more fees than little players can, like us retail day traders with less than 250K accounts.
Just as with insider trading, a huge fee for violating CAN be paid by a whale, but YOU or I cannot even try it, because if fined, we are toast on the first offense as the fee is huge *relative* to our pocket depth. If your account capital size is less than the size of the penalty, you do the math!