By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder
, no ex post facto laws, and the like.
To declare the punishment of treason, but no attainder
of treason shall work corruption of blood, or forfeiture, except during the life of the person attained.
No Bill of Attainder or ex post facto Law shall be passed.
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility.
The Congress shall have power to declare the punishment of Treason, but no Attainder of Treason shall work Corruption of Blood, or Forfeiture except during the Life of the Person attainted.
The gentle force of attainder
or confiscation or death which, as you are aware, these new Sophists and educators who are the public, apply when their words are powerless.
The Sixth Amendment right to a trial (249) and the ban on bills of attainder
(250) are examples.
84 lauds the Convention's draft Constitution for all of the affirmative specifications of rights that it did contain--to habeas corpus, to jury trial, against bills of attainder
, against convictions for treason without the testimony of two witnesses, and so on.
For example, in Polyukhovich v Commonwealth, (61) six of the seven members of the High Court held that the Commonwealth Parliament was constitutionally prohibited from enacting a Bill of Attainder
Carried out in the first year of Queen Mary's reign, it followed on from the attainder
(forfeiture of land because of treason) of John Dudley, the Duke of Northumberland, who had come to be the lord of Birmingham.
84) Marshall pointed out that the Constitution provided that "no bill of attainder
or ex post facto law shall be passed.
894-99 and William Stacy, "Richard Rooseand the Use of Parliamentary Attainder
in the Reign of Henry VIII Historical Journal, 29 (1986), pp.