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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 ([[Full_Text_of_the_United_States_Constitution#Section._9.|Article I, Section 9, Clause 3]]) and the states ([[Full_Text_of_the_United_States_Constitution#Section._10.|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 ([[Full Text of the United States Constitution#Section. 9.|Article I, Section 9, Clause 3]]) and the states ([[Full Text of the United States Constitution#Section. 10.|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.

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.

==Further reading==

==Further reading==

* Berger, Raoul. "Bills of Attainder: A Study of Amendment by the Court," 63 Cornell L. Rev. 355 (1977-78) [http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/clqv63&div=22&id=&page= outline]

* Berger, Raoul. "Bills of Attainder: A Study of Amendment by the Court," 63 Cornell L. Rev. 355 (1977–78) [http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/clqv63&div=22&id=&page= outline]

* Strasser, Mark. "Ex Post Facto Laws, Bills of Attainder, and the Definition of Punishment: On DOMA, the Hawaii Amendment, and Federal Constitutional Constraints," 48 Syracuse L. Rev. 227 (1998)  [http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/syrlr48&div=11&id=&page= outline] DOMA is the Defense of Marriage Act

* Strasser, Mark. "Ex Post Facto Laws, Bills of Attainder, and the Definition of Punishment: On DOMA, the Hawaii Amendment, and Federal Constitutional Constraints," 48 Syracuse L. Rev. 227 (1998)  [http://heinonline.org/HOL/LandingPage?collection=journals&handle=hein.journals/syrlr48&div=11&id=&page= outline] DOMA is the Defense of Marriage Act

* Kenneth R. Thomas, [[Congressional Research Service]].  [http://volokh.com/files/acornattainder.pdf "The Proposed “Defund ACORN Act”: Is it a “Bill of Attainder?”"]

* Kenneth R. Thomas, [[Congressional Research Service]].  [http://volokh.com/files/acornattainder.pdf "The Proposed “Defund ACORN Act”: Is it a “Bill of Attainder?”"]