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To: hank ernade
Attainder is charging someone with a crime that someone else committed.

No, that is not the definition. Here is the definition.

84 posted on 01/14/2021 2:22:03 PM PST by Campion (What part of "shall not be infringed" don't they understand?)
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To: Campion

Correct.
A “Bill of Attainder” is basically when the Legislature
attempts to usurp the power/authority of the Judiciary.


87 posted on 01/14/2021 2:38:55 PM PST by Repeal The 17th (Get out of the matrix and get a real life.)
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To: Campion

Your definition describes a legislature performing the function of a court - the US Constitution forbids congress from enforcing judgements not made by the courts.

The courts trump the congress in the US.

Attainder was used in England to charge relatives of criminals with the crime the original offender committed regardless if they actually committed the crime.

“First passed in 1459, such bills were employed, more particularly during the reigns of the Tudor kings, as a species of extrajudicial procedure, for the direct punishment of political offences. Dispensing with the ordinary judicial forms and precedents, they took away from the accused whatever advantages he might have gained in the courts of law; such evidence only was admitted as might be necessary to secure conviction; indeed, in many cases bills of attainder were passed without any evidence being produced at all. In the reign of Henry VIII they were much used, through a subservient parliament, to punish those who had incurred the king’s displeasure; many distinguished victims who could not have been charged with any offence under the existing laws being by this means disposed of.”
http://www.luminarium.org/encyclopedia/attainder.htm


89 posted on 01/14/2021 2:49:59 PM PST by hank ernade (armchair macho bravado EverTrumper)
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