Does Bill of Attainder apply to Retroactively Applied Sex Offender Registration Laws? 3 Months ago
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The Constitution of the United States, Article I, Section 9, paragraph 3 provides that: "No Bill of Attainder or ex post facto Law will be passed."
What is a “Bill of Attainder”?
Black's Law Dictionary, Sixth Edition, page 165 says the following:
Bill of attainder. Legislative acts, no matter what their form, that apply either to named individuals or to easily ascertainable members of a group in such a way as to inflict punishment on them without a judicial trial. United States v. Brown, 381 U.S. 437, 448-49, 85 S.Ct. 1707, 1715, 14 L.Ed. 484, 492; United States v. Lovett, 328 U.S. 303, 315, 66 S.Ct. 1073, 1079, 90 L.Ed. 1252. [emphasis supplied]
Would not, SEX OFFENDERS be considered a Group, a Sub Class of people?
Next Question:
Does it matter if the INTENT of a law which is written and implemented, if the EFFECT is punishment?
Intent-Regulatory
Effect-Punishment
Would not Effect be of greater importance than intent?
Many courts have stated in the decision that these sex offender laws are clearly PUNISMENT.
Video:
If the group of united states citizens who have new laws placed upon them for crimes committed decades ago which now get labeled as, SEX OFFENDERS, who committed their crime and served out their sentences prior to any type of registration, residency restrictions... or other sex offender laws were created...
If the powers that be, (FEDERAL OR STATE) force these new laws upon them.. and they do not get to go to court to protest it, is that not a violation of Bill of Attainder clause in the constitution?
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Last Edit: 2009/11/08 05:38 By andy.
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