Attainder, Acts of
Attainder, Acts of
ATTAINDER, ACTS OF. Acts of attainder extinguished all of an individual's civil rights (and could encompass a death sentence) without a judicial trial, usually for the most heinous of behavior, especially treason. All of the American states passed laws that, to varying degrees, restricted the rights of Loyalists, abused or confiscated their property, and sent them into internal exile to reduce their military threat. Acts of attainder were used by states to confiscate Loyalist property and prevent Loyalists from receiving or transmitting property by inheritance. In some case, individual Loyalists were outlawed, which meant that not only could they not sue or testify in court but also that their lives were ipso facto forfeited. Article 1, section 9, of the federal Constitution provides that "No bill of attainder or ex post facto law shall be passed." Article 3, section 3, defines treason as "levying war" against the United States "or in adhering to their enemies, giving them aid and comfort," and, by implication, allows acts of attainder as punishment, with the caveat that "no attainder of treason shall work corruption of blood or forfeiture except during the life of the person attainted."
SEE ALSO Loyalists.
revised by Harold E. Selesky