Opinion from a Libertarian ViewPoint

bill of attainder | Wex | US Law | LII / Legal Information Institute

Posted by M. C. on April 11, 2023

A bill of attainder is a piece of legislation that declares a party is guilty of a crime. Bills of attainder allow the government to punish a party for a perceived crime without first going through the trial process. 

In the United States, bills of attainder are unconstitutional as stated in Article 1 Section 9 and Article 1 Section 10 of the U.S. Constitution. Article 9 prohibits federal bills of attainder and Article 10 prohibits bills of attainder by the states. The constitutional ban on bills of attainder works to uphold separation of powers principles by preventing Congress from assuming the functions of the judicial branch…

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