bill of attainder
A bill of attainder is legislation that declares an individual or group guilty of misconduct or a crime and imposes punishment without the benefit of a judicial proceeding. Such laws allow the government to penalize parties without affording them due process.
In the United States, bills of attainder are unconstitutional. Article I, Section 9 of the U.S. Constitution prohibits Congress from enacting bills of attainder, and Article I, Section 10 extends the prohibition to state legislatures. The constitutional ban reflects separation of powers principles by preventing legislatures from exercising judicial functions.
Courts apply a three-part test to determine whether a law is an unconstitutional bill of attainder:
- The law must impose punishment.
- It must target specific individuals or identifiable groups.
- It must do so in a manner that bypasses judicial protections.
In Nixon v. Administrator of General Services, 433 U.S. 425 (1977), the Supreme Court explained how to evaluate whether a statute imposes punishment:
- Whether the law has historically been regarded as punitive.
- Whether the burdens it imposes can reasonably be said to serve non-punitive purposes.
- Whether the legislative record indicates an intent to punish.
[Last reviewed in August of 2025 by the Wex Definitions Team]
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