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Bill of attainder (view source)

Revision as of 06:34, December 16, 2006

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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.
 
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.
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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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