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attainder

attainder

1 9.9
Loss of rights and property after a court sentence or a special law, used in the past
  • noun
  • /əˈteɪndər/
  • Archaic
translation icon : pérdida de derechos civiles
  • In history classes, we learned about the concept of attainder, which refers to losing one's civil rights after a sentence of death.
  • bill of attainder
  • unconstitutional bill of attainder
  • attainder challenge

Examples

  • The bill passed against Phillips imposed the consequences of attainder under Virginia law—death and forfeiture.

    Academic text (2004)
  • The United States Constitution expressly prohibits the federal government from enacting bills of attainder through the Bill of Attainder Clause (Clause).

    Academic text (2000)
  • However, a law does not have to name specific individuals to be a bill of attainder.

    Academic text (2000)
  • Unless both elements are found, a law is not an unconstitutional bill of attainder.

    Academic text (2000)
  • He is actually condemned to death by an act of attainder.

  • The Court has relied upon the prohibition against bills of attainder only five times to strike down legislation.

    Academic text (2000)
  • For example, a law that punishes particularly named individuals is a bill of attainder and a violation of the Clause.

    Academic text (2000)
  • There, the Court was unwilling to find a bill of attainder even where legislation singled out former President Nixon by name.

    Academic text (2000)
  • The original Constitution prohibited both the federal Congress and state legislatures from enacting bills of attainder.

    Academic text (2004)
  • A law will be an unconstitutional bill of attainder if it imposes a punishment traditionally prohibited by the Clause.

    Academic text (2000)

Synonyms

disfranchisement
vsattainder
  • Formal
1 9.8

A situation that prevents people from voting

is a wider loss affecting most civil rights rather than a single privilege
civil death
vsattainder
  • Formal
9.9

A state in which a person loses most legal rights such as voting and owning property

is loss caused specifically by a death or outlawry sentence often enacted by law

Compounds

1 9.9

A law that declares a person guilty and punishes them without a trial

Surface Forms

attainder singular
attainders plural

Etymology

Attainder comes from old words meaning 'to touch' (Latin ad- + tangere) that later took on the idea of a 'stain' or 'guilt'. So being under attainder was like being 'touched' by guilt and losing your rights and property.