Attainder

Definition and stakes

Portrait of Hugo Black Hugo Black,  Barenblatt v. United States — Dissent

“ Thus if communism is to be made a crime, and Communists are to be subjected to 'pains and penalties,' I would still hold this conviction bad, for the crime of communism, like all others, can be punished only by court and jury after a trial with all judicial safeguards.
It is no answer to all this to suggest that legislative committees should be allowed to punish if they grant the accused some rules of courtesy or allow him counsel. For the Constitution proscribes all bills of attainder by State or Nation, not merely those which lack counsel or courtesy.
”
Source: Wikisource

Supreme Court of the United States,  United States Reports, Volume 1 {1 Dall… (1790)

“ Chapman on an indictment for treason (See ant. 53.) The Defendant was acquitted, because, in the opinion of the Court, he was not a subject: If he had been a subject, he must have been attainted; and being so attainted, he could never have claimed any advantage from the law of nations on the return of Peace. Thus, with respect to Camp, he was a Traitor; the proceedings under the Act of Connecticut produced a forfeiture and attainder; and the right of action was as exclusively vested in the State (and by the power of that State alone can it be divested) as if he had been taken and executed. ”
Source: Wikisource

Portrait of Anna Katharine Green Anna Katharine Green,  The Circular Study

“ I interposed, maddened into daring his full anger. "It is not my life I am buying, but hers, possibly yours; for it seems you have planned to perish with us. Is it not so?"
"Certainly," was his cold reply. "Am I an assassin? Would you expect me to live, knowing you to be perishing?"
”
Source: Gutenberg

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