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Migisi
- Bill of Attainder
In response to
Bill of Attainder posted by
pink101:
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http://en.wikipedia.org/wiki/Bill_of_att..."A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. The United States Constitution forbids both the federal and state governments to enact bills of attainder, in Article 1, Sections 9 and 10, respectively.
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"Within the U.S. Constitution, the clauses forbidding attainder laws serve two purposes. First, they reinforced the separation of powers, by forbidding the legislature to perform judicial functions-since the outcome of any such acts of legislature would of necessity take the form of a bill of attainder. Second, they embody the concept of due process, which was later reinforced by the Fifth Amendment to the Constitution. The text of the Constitution, Article I, Section 9; Clause 3 is:
No Bill of Attainder or ex post facto Law shall be passed..
"The constitutions of each and every State within the Union also expressly forbid bills of attainder. For example, Wisconsin's constitution Article I, Section 12 reads:
No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed, and no conviction shall work corruption of blood or forfeiture of estate. .
Contrast this with the subtly more modern variation of the Texas version: Article 1 (Titled Bill of Rights) Section 16, entitled Bills of Attainder; Ex Post Facto or Retroactive Laws: Imparing Obligation of Contracts:
No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made..
"Up until 2002, only five acts of Congress had ever been overturned on bill of attainder grounds. The Elizabeth Morgan Act was overturned in 2003 as a bill of attainder. Many suggested that the Palm Sunday Compromise in the case of Terri Schiavo was also a bill of attainder."
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The Patriot Act was passed in October, 2001 - a mere 45 days after 9-11. As I see it, it's definitely a bill of attainder, and it needs to be overturned pronto by the next President. Unfortunately, it was already reauthorized with some modifications in March 2006. Looks like few see it as a vehicle to deny every citizen their civil rights without cause and due process. But folks will feel its impact ... eventually. If they haven't already.
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What I can't understand is the government's willingness to grant rights to illegal immigrants - while at the same time they willingly take away the rights of US citizens. Makes no sense.