Bill of attainder facts for kids

A bill of attainder (also called an act of attainder) is a special law made by a government. This law declares a person or a group of people guilty of a crime and punishes them. The big difference is that this happens often without a regular trial. When someone was declared "attainted," they lost their important civil rights. This included the right to own property, pass it to their family, or even hold a noble title. In the past, it could even mean losing their life.

What is a Bill of Attainder?

Imagine a government passing a law that says, "John Doe is guilty of X, and he must be punished." That's basically a bill of attainder. It's different from how justice usually works, where a person gets a trial in a court with a judge and jury. Bills of attainder combine the job of making laws (legislature) with the job of deciding guilt and punishment (judiciary).

Bills of Attainder in England

In the history of England, the word "attainder" meant that someone's civil rights were taken away. They could no longer own property or leave it to their family. People who were attainted were often punished very severely, sometimes even losing their lives. Their property would then go to the King or a lord, instead of their family.

Famous Cases in England

The first time a bill of attainder was used was in 1321. It was against Hugh le Despenser, 1st Earl of Winchester and his son, Hugh Despenser the Younger. They were attainted because they supported King Edward II. Later, Henry VIII passed many bills of attainder. For example, on January 29, 1542, some of these laws led to the severe punishment of several important people.

Why Bills of Attainder Became Unpopular

Over time, people realized that bills of attainder could be easily abused. They went against several important legal ideas. One was the right to a fair process, known as due process. This means everyone should have a proper legal procedure before being punished. Another problem was that laws should be about types of behavior, not about specific individuals. Also, these bills mixed up the jobs of different parts of the government: making laws and judging people. This goes against the idea of separation of powers, where different branches of government have different jobs.

The last time a bill of attainder was used in England was in 1798. It was against Lord Edward FitzGerald for leading the Irish Rebellion of 1798. Since 1820, no bills of attainder have been passed in the UK.

Bills of Attainder in the United States

When the Thirteen Colonies were forming the United States, many colonists were upset by unfair British laws, including attainder laws. This anger helped lead to the American Revolutionary War.

Why the U.S. Forbade Them

Because of this history, the United States Constitution, written in 1789, strictly forbids bills of attainder. Both the federal government and individual states are not allowed to pass them. The people who wrote the Constitution, called the Framers, thought this was a very important rule. Every state constitution in the U.S. also clearly bans bills of attainder. The U.S. Supreme Court has stopped laws that tried to act like bills of attainder five times. This shows how important it is to protect people's rights to a fair trial.