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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. |
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| − | 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. |
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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.{{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}} |
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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." | + | [[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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| | ==References== | | ==References== |
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| | [[Category:Legal terms]] | | [[Category:Legal terms]] |