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A '''bill of attainder''' is a legislative act that harms the life or property of specifically identified persons or groups.

A '''bill of attainder''' is a [[legislative]] act that harms the life or property of specifically identified persons or groups.

In the [[common law]] of [[England]] before the [[American Revolution]], bills of attainder condemned specific persons to death.  The [[Framers]] of the [[Constitution]] wanted to end that, and prohibited both the federal government ([[Article I, Section 9, Clause 3]]) and the states ([[Article I, Section 10, Clause 1]]) from passing bills of attainder.  The Founders felt so strongly about this that bills of attainder and [[ex post facto]] laws are the only laws that the original Constitution prohibits both the federal government and states from ever passing.

In the [[common law]] of [[England]] before the [[American Revolution]], bills of attainder condemned specific persons to death.  The [[Framers]] of the [[Constitution]] wanted to end that, and prohibited both the federal government ([[Article I, Section 9, Clause 3]]) and the states ([[Article I, Section 10, Clause 1]]) from passing bills of attainder.  The Founders felt so strongly about this that bills of attainder and [[ex post facto]] laws are the only laws that the original [[Constitution]] prohibits both the federal government and states from ever passing.

Chief Justice [[John Marshall]] expanded the prohibition against bills of attainder beyond protection of life to protection of property also in ''[[Fletcher v. Peck]]'' (1810).  However, the [[Supreme Court]] has not invalidated any bills of attainder since 1965.  The Court will invalidate such law only if the legislation identifies the affected persons and punishes them without a judicial trial.{{fact}}

Chief Justice [[John Marshall]] expanded the prohibition against bills of attainder beyond protection of life to protection of property also in ''[[Fletcher v. Peck]]'' (1810).  However, the [[Supreme Court]] has not invalidated any bills of attainder since 1965.  The Court will invalidate such law only if the legislation identifies the affected persons and punishes them without a judicial trial.{{fact}}

The Supreme Court viewed the bill of attainder as essential to preserve the separation of powers.  The judiciary protects its branch of government by ensuring that only a court can determine the guilt or innocence of an accused.  In ''[[Cummings v. Missouri]]'' (1867), the Supreme Court held that the Congress may not "exercise the power and office of judge."  In ''[[United States v. Brown]]'' (1965), the Court prohibited "legislative punishment, of any form or severity, of specifically designated persons or groups."

[[The Supreme Court]] viewed the bill of attainder as essential to preserve the separation of powers.  The judiciary protects its branch of government by ensuring that only a court can determine the guilt or innocence of an accused.  In ''[[Cummings v. Missouri]]'' (1867), the Supreme Court held that the Congress may not "exercise the power and office of judge."  In ''[[United States v. Brown]]'' (1965), the Court prohibited "legislative punishment, of any form or severity, of specifically designated persons or groups."

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[[Category:Legal terms]]

[[Category:Legal terms]]