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bill of attainder

bill of attainder

1 9.9
A law that declares a person guilty and punishes them without a trial
  • noun
  • /bɪl əv əˈteɪndər/
  • Formal
translation icon : ley de attainder
  • Many legal experts argue that enacting a bill of attainder undermines the foundational principle of due process.
  • prohibition on bills of attainder
  • unconstitutional bill of attainder
  • bill of attainder challenge

Examples

  • An individual must satisfy both the specificity and punishment prongs of the test to make a successful bill of attainder challenge.

    Academic text (2000)
  • Further, line-of-business restrictions on corporations have been held to pose no bill of attainder concerns.

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

    Academic text (2004)
  • The proscription against bills of attainder applies to statutes only when they inflict punishment on a specified individual or group.

    Academic text (2000)
  • The United States Constitution expressly prohibits the federal government from enacting bills of attainder through the Bill of Attainder Clause (Clause).

    Academic text (2000)
  • The Constitution clearly states that no one can be punished without trial, which is why a bill of attainder is considered unconstitutional.

Synonyms

attainder
vsbill of attainder
  • Archaic
1 9.9

Loss of rights and property after a court sentence or a special law, used in the past

declares guilt and imposes punishment by legislation without a judicial trial

Antonyms

41 7.1

An official court decision that a person is not guilty of a crime

Surface Forms

Morphology

bill + of + attainder

The phrase composes directly from its parts: 'bill' (a legislative proposal) combined with 'attainder' (loss of civil rights through legal action) yields a legislative act that imposes attainder. This follows the regular English pattern 'bill of X' and so a learner who knows both constituents can reconstruct the MWE meaning, despite its specialized legal register.

Etymology

The term bill of attainder comes from old times when a ruler or parliament wrote a bill as a paper that declared someone under attainder, an old word for being 'guilty' and losing rights. Because that paper punished people 'without a trial', the phrase now means a law that punishes someone 'without a court'.