This analysis was a three-pronged one: 1) the law imposed no punishment traditionally judged to be prohibited by the clause; 2) the law, viewed functionally in terms of the type and severity of burdens imposed, could rationally be said to further nonpunitive legislative purposes; and 3) the law had no legislative record evincing a congressional intent to punish.1929 That is, the Court, looking “to its terms, to the intent expressed by Members of Congress who voted its passage, and to the existence or nonexistence of legitimate explanations for its apparent effect,” concluded that the statute served to further legitimate policies of preserving the availability of evidence for criminal trials and the functioning of the adversary legal system and in promoting the preservation of records of historical value, all in a way that did not and was not intended to punish the former President. Clause 3. The statute there forbade any partner or employee of a firm primarily engaged in underwriting securities from being a director of a national bank.16Footnote12 U.S.C. "Beyond Process: A Substantive Rationale for the Bill of Attainder Clause". 1964). The fact that they were banned even under state law reflects the importance that the Framers attached to this issue. Reacting to the Watergate scandal which had led to Nixon’s resignation from the presidency in 1972, Congress two years later passed a presidential records law that, for the first time in U.S. history, overturned the long-standing view that a President’s records were the personal, private property of the occupant of the office. Congress could, Chief Justice Warren wrote for the majority, under its commerce power, protect the economy from harm by enacting a prohibition generally applicable to any person who commits certain acts or possesses certain characteristics making him likely in Congress’s view to initiate political strikes or other harmful deeds and leaving it to the courts to determine whether a particular person committed the specified acts or possessed the specified characteristics. It has been reported that no bills of attainder have been passed since 1820 in the UK. However, in United States v. Robel, 389 U.S. 258 (1967), a very similar statute making it unlawful for any member of a Communist-action organization to be employed in a defense facility was struck down on First Amendment grounds and the bill of attainder argument was ignored. This sometimes occurred long after the convicted person was executed. Story, Commentaries on the Constitution of the United States 1338 (1833). 334 F.2d 488 (9th Cir. The Taft–Hartley Act (enacted in 1947) sought to ban political strikes by Communist-dominated labour unions by requiring all elected labour leaders to take an oath that they were not and had never been members of the Communist Party USA, and that they did not advocate violent overthrow of the U.S. government. , Two decades later, however, the Court upheld similar laws. When these prohibitions were adopted as part of the original Constitution, many persons understood the term ex post facto laws to “embrace all retrospective laws, or laws governing or controlling past transactions, whether . Federal and state judges these days are finding a new assignment: reading up on what the Supreme Court once called “the infamous history of bills of attainder.” A federal judge in Sherman, Texas, is going to be doing that soon, and there is a real prospect that a judge in New York State will also be doing so shortly. That order is clearly targeting Huawei and it is being applied by the Commerce Department to the Chinese company and 70 of its affiliates.
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