Mar 20, 2005
Bill of Attainder and Schiavo
A quick question for any wiser constitutional scholars than I: The Constitution expressly prohibits "Bills of Attainder," which are laws targeted at a specific person. Historically, of course, they were targetted in a negative way (e.g., declaring person X a traitor or such), so the Schiavo case may be different. Still, if Congress passes a law designed to save the life of a specific, named, person, isn't that an unconstitutional Bill of Attainder?
My quick bit of "legal research" suggests that the definition normally includes "punishment without trial," so that it's not just about naming a specific person, but about doing so for a nefarious purpose.
Even so, the notion of the whole Congress being called in to adjudicate a family tragedy like this really does step way over any line of the legitimate powers of the state, whatever the real meaning of a Bill of Attainder is.
My quick bit of "legal research" suggests that the definition normally includes "punishment without trial," so that it's not just about naming a specific person, but about doing so for a nefarious purpose.
Even so, the notion of the whole Congress being called in to adjudicate a family tragedy like this really does step way over any line of the legitimate powers of the state, whatever the real meaning of a Bill of Attainder is.