Editing Bill of attainder (section)

==== Constitutional bans ====
[[File:Constitution Pg2of4 AC-attainder.jpg|thumb|right|300px|Excerpt from Article One, Section 9 of the United States Constitution, prohibiting the passing of bills of attainder]]

The [[United States Constitution]] forbids legislative bills of attainder: in federal law under [[Article One of the United States Constitution#Section 9: Limits on Federal power|Article I, Section 9]], Clause 3 ("No Bill of Attainder or ex post facto Law shall be passed"), and in state law under [[Article One of the United States Constitution#Section 10: Limits on the States|Article I, Section 10]]. The fact that they were banned even under state law reflects the importance that the [[Constitutional Convention (United States)#Framers of the Constitution|Framers]] attached to this issue.

Within the U.S. Constitution, the clauses forbidding attainder laws serve two purposes. First, they reinforce the [[separation of powers]] by forbidding the legislature to perform [[judiciary|judicial]] or executive functions, as a bill of attainder necessarily does. Second, they embody the concept of [[due process]], which is reinforced by the [[Fifth Amendment to the United States Constitution|Fifth Amendment]] to the Constitution.

Every [[State constitution (United States)|state constitution]] also expressly forbids bills of attainder.<ref name=kenrt>{{cite web | title=Bills of Attainder: The Constitutional Implications of Congress Legislating Narrowly  | url=https://sgp.fas.org/crs/misc/R40826.pdf|author=Kenneth R. Thomas |website=fas.org| access-date=12 April 2024}}</ref><ref>{{Cite web|title=Bills of Attainder and Ex Post Facto Laws |url=https://law.justia.com/constitution/us/article-1/63-bills-of-attainder.html|website=Justia Law|language=en|access-date=2020-05-25}}</ref> For example, [[Wisconsin Constitution|Wisconsin's constitution]] Article I, Section 12 reads:

{{blockquote|No bill of attainder, [[ex post facto law]], nor any law impairing the obligation of contracts, shall ever be passed, and no conviction shall work corruption of blood or forfeiture of estate.}}

In contrast, the [[Constitution of Texas|Texas Constitution]] omits the clause that applies to heirs.<ref>Texas Constitution of 1876, Article 1 (entitled ''Bill of Rights''); Section 16, entitled ''Bills of Attainder; Ex Post Facto or Retroactive Laws: Impairing Obligation of Contracts'': "No bill of attainder, ex post facto law, retroactive law, or any law impairing the obligation of contracts, shall be made".</ref> It is unclear whether a law that called for heirs to be deprived of their estate would be constitutional in Texas.<ref>{{cite journal |first=Jacob |last=Reynolds |title=The Rule of Law and the Origins of the Bill of Attainder Clause |url=http://heinonline.org/HOL/Page?handle=hein.journals/stlr18&div=13&g_sent=1&collection=journals |journal=St. Thomas Law Review |year=2005 |volume=18 |issue=1 |page=177}}</ref>