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" A bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death, the act is termed a bill of pains and penalties. Within the meaning of the Constitution, bills of attainder include bills... "
Transcript Appeals: The File of Opinions in Cases Argued Before the Court of ... - Page 249
by New York (State). Court of Appeals, Joel Tiffany - 1868
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The War Powers of the President, and the Legislative Powers of Congress in ...

William Whiting - Executive power - 1862 - 164 pages
...a tacit confession of guilt, f BILLS OF PAINS AND PENALTIES. It has been said that within the sense of the constitution, bills of attainder include bills of pains and penalties ; and this view seemed to derive support from a remark of a judge of the Supreme Court. " A bill of...
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The War Powers of the President

William Whiting - History - 1862 - 144 pages
...a tacit confession of guilt, f BILLS OF PAINS AND PENALTIES. It has been said that within the sense of the constitution, bills of attainder include bills of pains and penalties ; and this view seemed to derive support from a remark of a judge of the Supreme Court. " A bill of...
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Cases Decided in the Court of Claims of the United States, Volume 104

United States. Court of Claims - Law reports, digests, etc - 1946 - 936 pages
...defined by the Supreme Court as "a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death, the act is termed...of attainder include bills of pains and penalties." Cummings v. Missouri, 4 Wallace 277, 323. Concurring Opinion by Judge Jones I have no doubt that section...
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United States Reports: Cases Adjudged in the Supreme Court, Volume 71

United States. Supreme Court - Courts - 1867 - 732 pages
...Ib. S. A bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death, the act is termed a bill of pains and penalties. Within tho meaning of the Constitution bills of attainder include bills of pains and penalties. Ib. 4. These...
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Introduction to the Constitutional Law of the United States

John Norton Pomeroy - Constitutional law - 1868 - 570 pages
...than death, the act is termed a bill of pains and penalties. Within the i 4 Wallace's It. 323, 324. meaning of the Constitution, bills of attainder include...legitimate functions, exercises the powers and office of judge ; it assumes, in the language of the text-books, judicial magistracy ; it pronounces upon the...
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An Introduction to the Constitutional Law of the United States: Especially ...

John Norton Pomeroy - Constitutional law - 1868 - 588 pages
...: 1 " A Bill of Attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death, the act is termed a bill of pains and penalties. Within the 1 4 Wallace's R. 323, 324. • meaning of the Constitution, bills of attainder include bills of pains...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 36

Nathan Howard (Jr.) - Civil procedure - 1869 - 654 pages
...court of the United States, so as to render further elaboration entirely needless. In Cummings agt. The State of Missouri (4 Wai. 277), a bill of attainder...legitimate functions, exercises the powers and office of judge; it assumes, in the language in the text books, judicial magistracy; it pronounces upon the guilt...
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Cases Argued and Adjudged in the Supreme Court of the ..., Volume 8; Volume 75

United States. Supreme Court - Law reports, digests, etc - 1870 - 738 pages
...error below are relied upon : I. It is alleged that this section of the constitution of Missouri "is a bill of pains and penalties within the meaning of the Constitution of the United States, and therefore invalid." The Constitution of the United States declares that "...
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The Political History of the United States of America, During the Period of ...

Edward McPherson - Freed persons - 1871 - 670 pages
...contracta "' A bill of attainder is a legislative act which inflicts punishment without a judicial trial. $ $ $ hill« of pains and penalties. In these cases the legislative Lody, in addition to ils legitimate functions,...
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The Political History of the United States of America, During the Period of ...

Edward McPherson - Reconstruction - 1871 - 678 pages
...contracts.1'' A bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death the act is termed...penalties. Within the meaning of the Constitution bills of attain- | der include bills of pains and penalties. In these cases the legislative tody, in addition...
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