The Short ConstitutionWade, Martin J. (Martin Joseph)
History
The Short Constitution
Wade, Martin J. (Martin Joseph)
United States. Constitution
“A bill of attainder, as thought of in the United States to-day,
would be such law as permitted a person charged with the commission
of a crime, to be tried and found guilty and sentenced without being
present at the trial.” It is one of the rules of procedure in court
to-day that in all criminal cases the person charged with crime must
be present during the entire trial. Another fundamental judicial
fact is that all criminal punishment terminates with the death of
the person found guilty; his children are exempt.
87 “An ex-post-facto law is a law which in its operation makes an act
criminal which was not criminal at the time the act was committed,
or provides a more severe punishment for criminal acts already
committed, or changes the rules of procedure so as to make it more
difficult for one accused of crime to defend in a prosecution of
such crime.” “The prohibition relates to retroactive criminal
statutes providing a punishment for an act previously committed or
increasing the punishment making it more difficult for the accused
to defend, but not to retroactive laws, even though criminal, which
mitigate the punishment or merely change or regulate the procedure
without imposing any additional substantial burden on the accused in
making his defense.”—_Cyclopedia of American Government_, Vol. I, p.
700.
We should keep in mind that both “bills of attainder” and “ex post
facto” laws have only to do with crimes and their punishment. These
laws do not relate to civil matters.
88 Constitution of the United States, Art. I, Sec. 8.
Titles of nobility as recognized in many European countries include
the following: duke, earl, marquis, viscount, and baron. These
titles were in part hereditary and in part acquired. They always
conferred special privileges both in rank and in political
preferment. Such titles cannot exist in a democracy because they in
their very nature destroy equality before the law, and that is the
fundamental principle of democratic government.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account