Bill of Attainder

A bill of attainder is a law that legislatively identifies a person or group for punishment without a judicial trial. The U.S. Constitution prohibits bills of attainder at the federal level and prohibits states from enacting them. The prohibition limits the legislature’s ability to impose punishment without judicial process.

Example: In United States v. Lovett (1946), the Supreme Court held that a federal law barring payment of salaries to named government employees violated the constitutional prohibition on bills of attainder.

Common misconception: Every law that names a person or organization is a bill of attainder. The constitutional issue is whether the law imposes punishment without a judicial trial.

Sources: https://constitution.congress.gov/browse/article-1/section-9/clause-3/; https://www.govinfo.gov/content/pkg/USREPORTS-328/pdf/USREPORTS-328-303.pdf