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Topic: Bill of attainder


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In the News (Thu 18 Apr 19)

  
  Attainder - LoveToKnow 1911
This attainder took place after judgment of death, or upon such circumstances as were equivalent to judgment of death, such as judgment of outlawry on a capital crime, pronounced for absconding from justice.
The last bill of attainder passed in England was in the case of Lord Edward Fitzgerald, one of the Irish rebel leaders of 1798.
The most notable instances of the passing of a bill of pains and penalties are those of Bishop Atterbury in 1722, and of Queen Caroline, wife of George IV., in 1820.
www.1911encyclopedia.org /Attainder   (872 words)

  
 Bill of attainder information - Search.com
A bill of attainder (also known as an act or writ of attainder) was an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial.
Bills of attainder evolved into a convenient way for the King to convict subjects of crimes, and confiscate their property, without the bother of a trial--and without the need for a conviction, or indeed any evidence at all.
The bill of attainder clause was invented by the Founding Fathers whose intentions were to avoid the abuses of the past not only by those past Monarchs but also, and most importantly, by the new government itself.
www.search.com /reference/Bill_of_attainder   (1652 words)

  
 [No title]
I contend the original intent of the bill of attainder mandates were to prevent laws that punish without trial, suspend civil liberties, and confiscate property.
Bills of attainder need to be defined so the essential elements, and the rights they reflect, are understood by everyone.
The bill of attainder mandates were meant to keep the horrors of this kind of law from being practiced.
frontpage.brightok.net /~sempai/billofattainder   (3710 words)

  
 CITES BY TOPIC: Bill of attainder
An act is a "bill of attainder" when the punishment is death and a "bill of pains and penalties" when the punishment is less severe; both kinds of punishment fall within the scope of the constitutional prohibition.
It is clear, however, that plaintiff's claim does not fall under the current interpretation of the bill of attainder clause of the constitution.
A bill of attainder is generally defined as a legislative act which determines guilt and punishes an identifiable individual or group of individuals.
famguardian.org /TaxFreedom/CitesByTopic/BillOfAttainder.htm   (611 words)

  
  CATHOLIC ENCYCLOPEDIA: Attainder
In the popular sense, however, the term "Bill of Attainder" embraces both classes of acts, and in that sense it is evidently used in the Constitution of the United States, as the Supreme Court has declared in Fletcher v.
bill of attainder through which the crown was enriched by forfeiture of the estates of fourteen lords and more than a hundred knights and esquires.
attainder took place after judgment of death, or upon such circumstances as were equivalent to such a judgment or outlawry on a capital crime, pronounced for absconding from justice.
www.newadvent.org /cathen/02059c.htm   (1201 words)

  
  Colonial Williamsburg Journal
A bill of attainder is a legislative, as opposed to a judicial, conviction of a capital offense.
The need of a fundamental safeguard against bills of attainder was plainer to the delegates than the bans on self-incrimination and illegal search and seizure forced on them by the states during ratification.
A bill of attainder is an act that inflicts death on a person supposed, without benefit of trial, to be guilty of grave offenses.
www.history.org /foundation/journal/Spring02/attainder.cfm   (1715 words)

  
  Bill of attainder
Bills of attainder evolved into a convenient way for the King to convict subjects of crimes, and confiscate their property, without the bother of a trial--and without the need for a conviction, or indeed any evidence at all.
Bills of attainder were used through the 18th century in England, and were applied to English colonies as well.
One of the motivations for the American revolution was anger at the injustice of attainder--though the Americans themselves used bills of attainder to confiscate the property of English loyalists (called tories) during the revolution.
www.ebroadcast.com.au /lookup/encyclopedia/bi/Bill_of_attainder.html   (365 words)

  
 Bill of attainder - Biocrawler   (Site not responding. Last check: )
A bill of attainder (or act of attainder) was an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial.
The first use of attainder was in 1321 against the Earl of Winchester and the Earl of Gloucester, who both shared the name Hugh le Despenser, and the last in 1798 against Lord Edward FitzGerald for leading the Irish Rebellion of 1798.
One of the motivations for the American revolution was anger at the injustice of attainder—though the Americans themselves used bills of attainder to confiscate the property of English loyalists (called tories) during the revolution.
www.biocrawler.com /encyclopedia/Bill_of_Attainder   (651 words)

  
 The Constitutional Dictionary - The U.S. Constitution Online - USConstitution.net
In the context of the Constitution, a Bill of Attainder is meant to mean a bill that has a negative effect on a single person or group (for example, a fine or term of imprisonment).
Originally, a Bill of Attainder sentenced an individual to death, though this detail is no longer required to have an enactment be ruled a Bill of Attainder.
It was usually part of a Bill of Attainder, which normally sentenced the accused to death.
www.usconstitution.net /glossary.html   (1682 words)

  
 Highbeam Encyclopedia - Search Results for Attainder   (Site not responding. Last check: )
attainder The extinction of civil rights and powers when judgement of death or outlawry was recorded against a person convicted of treason or felony.
attainder consequences of sentence of death or outlawry.
The attainder (1483) of his father was reversed on the accession (1485) of Henry VII, and after Henry VIII came to the throne (1509), he was made lord high constable, lord high steward, and a privy councilor.
www.encyclopedia.com /SearchResults.aspx?Q=Attainder   (735 words)

  
 Definition: Bill of Attainder.
"The Bill of Attainder Clause was intended not as a narrow, technical (and therefore soon to be outmoded) prohibition, but rather as an implementation of the separation of powers, a general safeguard against legislative exercise of the judicial function or more simply - trial by legislature." U.S. v.
A bill of attainder was a legislative act that singled out one or more persons and imposed punishment on them, without benefit of trial.
"Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation.
www.techlawjournal.com /glossary/legal/attainder.htm   (318 words)

  
 Mike Gravel at Take Back America | Campaign for America's Future
As far as the Bill of Attainder argument goes, I agree with "lastmanstanding", there is no retroactive phase to Gravel's proposed legislation that would make it unconstitutional.
Perhaps you are unfamiliar with the bill the former Senator is proposing.
The bill would make it a felony to have ground forces in Iraq 120 days after the bill had passed, therefore it would not be eligible as a bill of attainder or violate the Constitution in any way.
commonsense.ourfuture.org /mike_gravel_take_back_america   (1841 words)

  
 Public Safety or Bills of Attainder?
This would make bills of attainder the legislative equivalent of civil injunctive or mandamus relief, but without the trouble and expense of the plaintiff proving he would be injured if the relief sought is not granted.
The usual argument made for a restrictive construction of the "bill of attainder" clauses is that they only mean "punishment", and that deprivation of rights other than by death or incarceration in a prison are not "punishments" for the purpose of those clauses.
Educate the public about what bills of attainder are and that they are to refuse to enforce them if they serve on a jury in a case in which someone is charged under one.
www.constitution.org /col/psrboa.htm   (9914 words)

  
 Sidley Austin | CyberLaw | The Internet, Federal Preemption and the "Dormant Commerce Clause"
In a noteworthy decision issued June 5, 2002, the Second Circuit permanently enjoined the enforcement of a New York state statute against Consolidated Edison on the grounds that the statute amounted to an unconstitutional Bill of Attainder, in violation of Article I, Section 10 of the Constitution.
The legislation in question was deemed a Bill of Attainder because it expressly named Con Ed, and operated retrospectively to first prohibit Con Ed's past conduct, and then to impose punishment based on that conduct.
The statute that formed the basis for the dispute was enacted as a response to a power outage caused by a defective generator at Con Ed's Indian Point 2 Nuclear Generating Facility ("IP2") in Westchester County, New York.
www.sidley.com /cyberlaw/features/attainder.asp   (856 words)

  
 The Head Heeb: Bill of attainder
Zimbabwe is one of the few countries in the world where the legislature can discipline its members by imprisonment, and Bennett became "the first person in the country to be sentenced outside the court process" in a 54-42 party-line vote.
In sentencing Bennett, the Zimbabwe Parliament has essentially revived the institution of the bill of attainder.
Needless to say, neither Bennett nor the MDC is willing to concede the legitimacy of a sentence handed down by a "court" in which his political opponents hold the whip hand.
headheeb.blogmosis.com /archives/026667.html   (506 words)

  
 Defining Bills of Attainder - The Lawful Path
A punishment less than death without a trial is considered to be a bill of pains and paenalties.
They may have even served to detract from the rights the mandates were meant preserve because they only reflect portions of what a bill of attainder actually is. U.S. v.
Until the basic elements of what a bill of attainder is becomes defined in our law, the legislatures, the courts, and the police will continue to violate the American rights the Constitution was supposed to provide.
www.lawfulpath.com /ref/billattain.shtml   (2233 words)

  
 LII: Constitution
They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.
All bills for raising revenue shall originate in the House of Representatives; but the Senate may propose or concur with amendments as on other Bills.
If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law.
www.law.cornell.edu /constitution/constitution.articlei.html   (1426 words)

  
 "Bill Of Attainder" Defined
BILL OF ATTAINDER - An act of the legislature by which one or more persons are declared to be attainted, and their property confiscated.
The Constitution of the United States declares that no state shall pass any bill of attainder.
During the revolutionary war bills of attainder and ex post facto acts of confiscation were passed to a wide extent.
www.lectlaw.com /def/b098.htm   (134 words)

  
 FindLaw: U.S. Constitution: Article I: Annotations pg. 47 of 58
In such cases, the legislature assumes judicial magistracy, pronouncing upon the guilt of the party without any of the common forms and guards of trial, and satisfying itself with proofs, when such proofs are within its reach, whether they are conformable to the rules of evidence, or not.
The statute, and a state constitutional amendment requiring a similar oath of per sons before they could practice certain professions, 1707 were struck down as legislative acts inflicting punishment on a specific group the members of which had taken part in the rebellion and therefore could not truthfully take the oath.
Brown, 1709 a sharply divided Court held void as a bill of attainder a statute making it a crime for a member of the Communist Party to serve as an officer or as an employee of a labor union.
caselaw.lp.findlaw.com /data/constitution/article01/47.html   (1816 words)

  
 ::Bill of Attainder::
A bill, act or writ of attainder was a piece of legislation that declared a person or persons guilty of a crime.
A bill of attainder was mostly used for treason — as in the cases of Laud and Strafford — and such a move suspended a person’s civil rights and guaranteed that the person would be found guilty of the crimes stated in the bill as long as the Royal Assent was gained.
A bill of attainder was a convenient method used the the Crown to remove nobles who were deemed to be getting above themselves — though attainders were rarely used and probably the most famous cases of them being used involved Parliament and Archbishop Laud and the Earl of Strafford.
www.historylearningsite.co.uk /2168.htm   (433 words)

  
 A Bill of A...What?   (Site not responding. Last check: )
Bills of Attainder have re-emerged as 'civil asset forfeiture laws.' Recent federal statutes have dramatically increased the power of enforcement officials to confiscate private property without a trial.
Bills of Attainder have their origin in early English common law.
Missouri (1867), the court held, "A bill of attainder is a legislative act which takes away the life, liberty or property of a particular named or easily ascertainable person or group of persons because the legislature thinks them guilty of conduct which deserves punishment."
www.american-partisan.com /cols/mcelroy/120499.htm   (736 words)

  
 The UCL Practitioner
Interesting idea -- but my understanding is that a Bill of Attainder is a law passed for the purpose of punishing specific individuals or groups members.
There is no merit to defendants' assertion that Assembly Bill 2580, to the extent it amends the wrongful death statute retroactively, violates the federal and state constitutional proscriptions against passing a bill of attainder….
Defendants therefore have failed to demonstrate that Assembly Bill 2580 is an unconstitutional bill of attainder.
17200blog.blogspot.com /2005/08/is-prop-64-unconstitutional-bill-of.html   (531 words)

  
 Act of Attainder   (Site not responding. Last check: )
Attainder was often used instead of impeachment, presumably because attainder offered more scope for authority to impose penalties and gain property.
Attainder was frequently used posthumously - to confiscate the property of those who had died in opposition to authority.
Bills of Attainder, as with other legislation, could be initiated in either House of Parliament, though it was most common for them to be brought in the House of Lords.
www.tudorplace.com.ar /Documents/act_of_attainder.htm   (274 words)

  
 Legal Doctrine of Bill of Attainder   (Site not responding. Last check: )
The bill of attainder (also called a “bill of pains and penalties”), first employed in England as early as 1459, was a parliamentary act sentencing one or more specific persons to death (or punishment).
The Bill of Attainder Clause was not intended as a narrow, technical and soon to be outmoded prohibition, but rather as an implementation of the doctrine of “separation of powers,”[22] a safeguard against legislative exercise of the judicial function as to prevent trial by legislature.
In England, a bill of attainder originally connoted a parliamentary Act sentencing [persons deemed treasonous or enemies of invading armies] to death, whereby all the property of the attainted passed to the crown, not their heirs.
www.thepowerhour.com /news2/bill_attainder.htm   (9076 words)

  
 Bill of Rights: Alexander Hamilton, Federalist, no. 84, 575--81
It has been several times truly remarked, that bills of rights are in their origin, stipulations between kings and their subjects, abridgments of prerogative in favor of privilege, reservations of rights not surrendered to the prince.
I go further, and affirm that bills of rights, in the sense and in the extent in which they are contended for, are not only unnecessary in the proposed constitution, but would even be dangerous.
Adverting therefore to the substantial meaning of a bill of rights, it is absurd to allege that it is not to be found in the work of the convention.
press-pubs.uchicago.edu /founders/documents/bill_of_rightss7.html   (1677 words)

  
 A Bill of A...What?
Bills of Attainder have re-emerged as 'civil asset forfeiture laws.' Recent federal statutes have dramatically increased the power of enforcement officials to confiscate private property without a trial.
Bills of Attainder have their origin in early English common law.
Missouri (1867), the court held, "A bill of attainder is a legislative act which takes away the life, liberty or property of a particular named or easily ascertainable person or group of persons because the legislature thinks them guilty of conduct which deserves punishment."
www.wendymcelroy.com /partisan/120499.htm   (736 words)

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