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“Bills of attainder . . . are such special acts of the legislature, as inflict capital punishments upon persons supposed to be guilty of high offences, such as treason and felony, without any conviction in the ordinary course of judicial proceedings.
- bill of attainder | Wex | US Law | LII / Legal Information Institute
Bills of attainder allow the government to punish a party...
- bill of attainder | Wex | US Law | LII / Legal Information Institute
The Bill of Attainder Clause is one of several constitutional provisions that limit the ability of the Federal Government and the states to legislate retroactively. See Landgraf v. USI Film Prods., 511 U.S. 244, 266 (1994).
Katzenbach, 383 U.S. 301, 324 (1966) ( [C]ourts have consistently regarded the Bill of Attainder Clause of Article I and the principle of the separation of powers only as protections for individual persons and private groups, those who are peculiarly vulnerable to non-judicial determinations of guilt. . . .
Bills of attainder allow the government to punish a party for a perceived crime without first going through the trial process. In the United States, bills of attainder are unconstitutional as stated in Article 1 Section 9 and Article 1 Section 10 of the U.S. Constitution.
Calling into question, on originalist grounds, a narrow reading of the Bill of Attainder Clause. Akhil Amar, America’s Constitution: A Biography 144 (2005). Arguing that a generous, “letter and spirit” read of the Constitution suggests that it condemned a legalized racial hierarchy.
“Bills of attainder . . . are such special acts of the legislature, as inflict capital punishments upon persons supposed to be guilty of high offences, such as treason and felony, without any conviction in the ordinary course of judicial proceedings.
22 sty 2021 · Some proposed legislative responses to the January 6, 2021, unrest at the Capitol may raise questions under the Bill of Attainder Clause (among other legal authorities that may apply when Congress enacts legislation imposing new legal consequences for past events).
