The Civic Lexicon

Glossary on the Republic

Bill of attainder

Courts

It is a law that declares a named person guilty and punishes them, with no trial at all. The framers hated it so much they banned it twice.


A bill of attainder is a legislative act that singles out a specific person or group, declares them guilty of a crime, and imposes punishment, all without a trial, without a judge, without a jury. The legislature simply names you and condemns you.

It has an ugly English pedigree. Parliament used bills of attainder for centuries to destroy political enemies, stripping them of life, liberty, and property, and even corrupting their bloodline so heirs could not inherit. Attainder comes from a word meaning to stain or taint.

The American framers loathed the device because it collapses the separation of powers entirely. It lets the lawmaking branch act as judge, jury, and executioner against a named individual. So they banned it, and not just once. The Constitution forbids Congress from passing bills of attainder in Article I, Section 9, and forbids the states from doing so in Section 10.

Origin

From attainder, a staining or tainting, the old English penalty of legislative condemnation.

Why it matters

The ban on bills of attainder is one of the quietest but most fundamental protections in the Constitution. It means no legislature can point at you by name and declare you guilty. If the government wants to punish you, it has to prove it, in a court, under the law. That is the whole difference between rule by law and rule by decree.

Quorum Reading Room. Sourced from public reference and historical record; see notes.