Hugo Black

“ To characterize an act of Congress as a bill of attainder readily enlists, however, the instincts of a free people who are committed to a fair judicial process for the determination of issues affecting life, liberty, or property and naturally abhor anything that resembles legislative determination of guilt and legislative punishment. ”

“ If Congress chooses to say that men shall not be paid, or even that they shall be removed from their jobs, we cannot decide that Congress also said that they are guilty of an offense. And particularly we cannot so decide as a necessary assumption for declaring an act of Congress invalid. ”

“ An accused in court must be tried by an impartial jury, has a right to be represented by counsel, he must be clearly informed of the charge against him, the law which he is charged with violating must have been passed before he committed the act charged, he must be confronted by the witnesses against him, he must not be compelled to incriminate himself, he cannot twice be put in jeopardy for the same offense, and even after conviction no cruel and unusual punishment can be inflicted upon him. ”

“ When our Constitution and Bill of Rights were written, our ancestors had ample reason to know that legislative trials and punishments were too dangerous to liberty to exist in the nation of free men they envisioned. And so they proscribed bills of attainder. Section 304 is one. Much as we regret to declare that an Act of Congress violates the Constitution, we have no alternative here.
Section 304 therefore does not stand as an obstacle to payment of compensation to Lovett, Watson, and Dodd. The judgment in their favor is affirmed. ”

“ According to the view we take we need not decide whether Section 304 is an unconstitutional encroadchment on executive power or a denial of due process of law, and the section is not challenged on the ground that it violates the First Amendment. Our inquiry is thus confined to whether the actions in the light of a proper construction of the Act present justiciable controversies and if so whether Section 304 is a bill of attainder against these respondents involving a use of power which the Constitution unequivocally declares Congress can never exercise. ”

“ Over the protest of those employing agencies, Congress provided in Section 304 of the Urgent Deficiency Appropriation Act of 1943, by way of an amendment attached to the House bill, that after November 15, 1943, no salary or compensation should be paid respondents out of any monies then or thereafter appropriated except for services as jurors or members of the armed forces, unless they were prior to November 15, 1943 again appointed to jobs by the President with the advice and consent of the Senate. ”

“ Congress has not legislated that which is attributed to it, for the simple fact is that Congress has said nothing. The words Congress used are not susceptible of being read as a legislative verdict of guilt against the respondents no matter what dictionary, or what form of argumentation, we use as aids.
This analysis accords with our prior course of decision. In Cummings v. State of Missouri, supra, and Ex parte Garland, 4 Wall. 333, 18 L.Ed. 366, the Court dealt with legislation of very different scope and significance from that now before us. ”

“ But even if it be agreed, for purposes of characterizing the deprivation of the statute as punishment, that the motive of Congress was past action of the respondents, presumed motive cannot supplant expressed legislative judgment. 'The expectations of those who sought the enactment of legislation may not be used for the purpose of affixing to legislation when enacted a meaning which it does not express.' United States v. ”

“ It is not for us to find unconstitutionality in what Congress enacted although it may imply notions that are abhorrent to us as individuals or policies we deem harmful to the country's well-being. Although it was proposed at the Constitutional Convention to have this Court share in the legislative r ocess, the Framers saw fit to exclude it. And so 'it must be remembered that legislatures are ultimate guardians of the liberties and welfare of the people in quite as great a degree as the courts.' Missouri, Kansas & Texas Ry. ”

“ Punishment presupposes an offense, not necessarily an act previously declared criminal, but an act for which retribution is exacted. The fact that harm is inflicted by governmental authority does not make it punishment. Figuratively speaking all discomforting action may be deemed punishment because it deprives of what otherwise would be enjoyed. But there may be reasons other than punitive for such deprivation. A man may be forbidden to practice medicine because he has been convicted of a felony, Hawker v. ”

“ Congressman Dies told the House that respondents, as well as the other thirty-six individuals he named were because of their beliefs and past associations unfit to 'hold a government position' and urged Congress to refuse 'to appropriate money for their salaries.' In this connection he proposed that the Committee on Appropriations 'take immediate and vigorous steps to eliminate these people from public office.' 89 Cong.Rec. ”

“ It finally prevailed, not because the Senate joined in an unexpressed declaration of guilt and retribution for it, but because the provision was included in an important appropriation bill. The stiffest interpretation that can be placed upon the Senate's action is that it agreed to remove the respondents from office (still assuming the Court's interpretation of § 304) without passing any judgment on their past conduct or present views.
Section 304 became law by the President's signature. His motive in allowing it to become law is free from doubt. ”

“ Eventually a resolution was proposed to defer action until the Appropriations Committee could investigate, so that accused federal employees would get a chance to prove themselves 'innocent' of communism or disloyalty, and so that each 'man would have his day in court,' and 'There would be no star chamber proceedings.' Id. ”

“ It was authorized to attach legislation recommended by it to any general or special appropriation measure, notwithstanding general House rules against such practice. Id. at 734. The purpose of the resolution was thus described by the Chairman of the Committee on Appropriations in his closing remarks in favor of its passage: 'The third and the really important effect is that we will expedite adjudication and disposition of these cases and thereby serve both the accused and the Government. These men against whom charges are pending are faced with a serious situation. ”

“ The subcommittee stated that it had regarded the investigations 'as in the nature of an inquest of office' with the ultimate purpose of purging the public service of anyone found guilty of 'subversie activity.' The committee, stating that 'subversive activity' had not before been defined by Congress or by the courts formulated its own definition of 'subversive activity' which we set out in the margin. [3] Respondents Watson, Dodd, and Lovett were, according to the subcommittee guilty of having engaged in 'subversive activity within the definition adopted by the Committee.' H. Rep. No. ”

“ Section 304 was submitted to the House along with the Committee Report. Congressman Kerr was was chairman of the subcommittee stated that the issue before the House was simply: '* * * whether or not the people of this country want men who are not in sympathy with the institutions of this country to run it.' He said further: '* * * These people have no property rights in these offices. One Congress can take away their rights given them by another.' 89 Cong.Rec. ”

“ If they are not guilty they are entitled to prompt exoneration; on the other hand, if they are guilty, then the quicker the Government removes them the sooner and the more certainly will we protect the Nation against sabotage and fifth-column activity.' Id. ”