Bill of attainder

/bɪl əv əˈteɪndər/ noun phrase

Definition

A legislative act that declares a person or group guilty of a crime and imposes punishment without a trial. The U.S. Constitution explicitly prohibits both federal and state bills of attainder to ensure separation of powers and protect individual rights.

Etymology

From Anglo-Norman 'bille' (document) and Old French 'ataindre' (to convict). Historically used by English Parliament to condemn political enemies to death and property forfeiture, often targeting nobles who fell from royal favor. The Framers banned this practice having witnessed its abuse against colonists.

Kelly Says

Bills of attainder were Parliament's nuclear option against political enemies—they could literally legislate someone to death without bothering with inconvenient things like trials or evidence. The Framers' ban on this practice reflects their deep fear of legislative tyranny and insistence that punishment follow conviction in courts, not political assemblies. Modern courts have applied this prohibition to prevent Congress from targeting specific individuals or groups through legislation.

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