Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Graybeard58
From CITES BY TOPIC: Bill of attainder Defining Bills of Attainder-Thomas M. Saunders

Black's Law Dictionary, Sixth Edition, page 165:

Bill of attainder. Legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial. United States v. Brown, 381 U.S. 437, 448-49, 85 S.Ct. 1707, 1715, 14 L.Ed. 484, 492; United States v. Lovett, 328 U.S. 303, 315, 66 S.Ct. 1073, 1079, 90 L.Ed. 1252. 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. U.S.Const. Art. I, Sect 9, Cl. 3 (as to Congress);' Art. I, Sec, 10 (as to state legislatures).

also (same site)

Constitution, Article 1, Section 9, Clause 3:

"'No State shall pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts.'" A bill of attainder is a legislative act which inflicts punishment without a judicial trial.

I do not care whether the people who wrote the law like it or not. It seems pretty clear that they have overstepped their bounds.

9 posted on 08/03/2008 9:00:44 AM PDT by Smokin' Joe (How often God must weep at humans' folly.)
[ Post Reply | Private Reply | To 1 | View Replies ]


To: Smokin' Joe
TITLE 42 > CHAPTER 21 > SUBCHAPTER I > 1983.

Civil action for deprivation of rights

Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.

33 posted on 08/03/2008 11:06:03 AM PDT by mad_as_he$$ (Constantly choosing the lesser of two evils is still choosing evil.)
[ Post Reply | Private Reply | To 9 | View Replies ]

To: Smokin' Joe
I do not care whether the people who wrote the law like it or not. It seems pretty clear that they have overstepped their bounds.

They have, but what anyone is willing to do about it is a different story.

60 posted on 08/03/2008 2:07:35 PM PDT by Force of Truth (Legalize the Constitution::::The power to tax is the power to kill.)
[ Post Reply | Private Reply | To 9 | View Replies ]

To: Smokin' Joe
A5 - ...nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Well, getting a warrant may be "due process" but taking private property and not paying for it is just wrong. This is about as bad as the "civil forfeiture" highway robbery foisted on us by the war on drugs.

Regards,
GtG

66 posted on 08/03/2008 3:03:43 PM PDT by Gandalf_The_Gray (I live in my own little world, I like it 'cuz they know me here.)
[ Post Reply | Private Reply | To 9 | View Replies ]

To: Smokin' Joe

This “civil forfeiture,” or state-sanctioned armed robbery to be more precise, is an abomination. First, they used these unConstitutional tactics against those accused of dealing drugs; now it’s gun owners.

It’s not going to stop until we, the People, decide that the tactic is unacceptable in all cases.


76 posted on 08/03/2008 3:54:20 PM PDT by ellery (It's a free country.)
[ Post Reply | Private Reply | To 9 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson