Bill of attainder
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A bill of attainder refers to a law that punishes a person or group accused of a crime without a judicial trial. Section 9 and Section 10 of Article I of the U.S. Constitution, respectively, prohibit Congress and state governments from passing bills of attainder.[1]
The Attainder Clause has been used by the U.S. Supreme Court to invalidate laws on five occasions.[2]
Background
A bill of attainder is a law that aims to penalize a person or group for a crime without a formal trial. Article I of the U.S. Constitution, Sections 9 and 10, forbid Congress and state governments from passing any bills of attainder. These sections also seek to uphold the separation of powers by preventing Congress from exercising powers specific to the judicial branch.[1]
Section 9 prohibits federal bills of attainder.
"No Bill of Attainder or ex post facto Law shall be passed."
Article 10 prohibits bills of attainder by the states.
"No State shall ... pass any Bill of Attainder..."
- See also: Nixon v. Administrator of General Services
Nixon v. Administrator of General Services is a 1977 U.S. Supreme Court case in which the court established the following three-part test to determine whether a law functions as a bill of attainder.
- Historical test: Would the law historically be viewed as punitive?
- Functional test: Does the legislative history show that lawmakers intended to punish adversely affected parties?
- Motivational test: Is the congressional intent for the law to punish?
The court held that the Presidential Recordings and Materials Preservation Act, which directed the General Services Administration to confiscate tape recordings, papers, and other materials in President Richard Nixon’s (R) possession, was not a bill of attainder.[3][4][5][6]
See also
- Federalism
- Federalist Papers
- Anti-Federalist papers
- Ex post facto laws
- Nixon v. Administrator of General Services
External links
Footnotes
- ↑ 1.0 1.1 Legal Information Institute, "bill of attainder," accessed December 1, 2022
- ↑ Wisconsin Law Review, “Nonattainder as a Liberty Interest,” April 5, 2010
- ↑ Congressional Research Service, "Bills of Attainder: The Constitutional Implications of Congress Legislating Narrowly," August 26, 2014
- ↑ Oyez, "Nixon v. Administrator of General Services," accessed December 1, 2022
- ↑ Britannica, "attainder," accessed December 1, 2022
- ↑ Library of Congress, "ArtI.S9.C3.2 Bills of Attainder Doctrine," accessed December 1, 2022
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