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A bill, act or writ of attainder was a piece of legislation that declared a person or persons guilty of a crime. A bill of attainder allowed for the guilty party to be punished without a trial. A bill of attainder was part of English common law. Whereas Habeus Corpus guaranteed a fair trial by jury, a bill of attainder bypassed this. Despite the unfair nature of a bill of attainder, they were only abolished in the United Kingdom in 1870.
The word “attainder” meant tainted. A bill of attainder was mostly used for treason – as in the cases of Laud and Strafford – and such a move suspended a person’s civil rights and guaranteed that the person would be found guilty of the crimes stated in the bill as long as the Royal Assent was gained. For serious crimes such as treason, the result was invariably execution. The guilty person’s family would find that his/her property was confiscated by the Crown as he/she had no right to make a will. All titles held would go to the Crown. In this sense, the attainted person’s family was also held to be guilty as they were also punished, though not to the same degree.
A bill of attainder was a convenient method used the the Crown to remove nobles who were deemed to be getting above themselves – though attainders were rarely used and probably the most famous cases of them being used involved Parliament and Archbishop Laud and the Earl of Strafford. Though the source of the bills may have been different, the results were the same.
The first bill of attainder was used in 1321 and the last was in 1798. The most famous people to be executed as a result of a bill were Thomas Cromwell in 1540, Catherine Howard in 1542 and Laud and Strafford in 1641. In Catherine’s case, Henry VIII delegated the passing of the Royal Assent to others so that he did not have to sign the document himself.
In May 1660, certain regicides were also served with bills of attainder even though they were dead – Oliver Cromwell and John Bradshaw (the judge at Charles I trial) were the most famous. The bills served on them were backdated to January 1649 – the month and year Charles was executed. The bill stated that all the bodies were to be dug up and symbolically executed as befitted traitors.
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An “ex post facto” law RETROACTIVELY criminalizes conduct which was not criminal when it was done.
Say you barbequed outside last Sunday. That was lawful when you did it. Next month, Congress makes a pretended law which purports to retroactively criminalize barbequing outdoors. So, now, what you did is a crime (for which you are subject to criminal prosecution); even thou when you did it, it wasn’t a crime. That is an ex post facto law.
Now, say Congress passes a pretended law making possession of firearms a crime and ordering everyone to turn in their guns. Only if you do not turn in your guns will you have committed a “crime”. That is not an ex post facto law because if you turn in your guns, you won’t be criminally prosecuted. The “crime” is the failure to turn in your guns – not the prior possession of guns.
Such a law would be totally UNCONSTITUTIONAL, because gun control is not one of the enumerated powers of Congress. Thus, the law would be outside the scope of the powers delegated to Congress.
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"A great civilization is not conquered from without until it has destroyed itself from within.", Will Durant
"All that is necessary for the triumph of evil is that good men do nothing.", Edmund Burke
thanks for posting that link, I try and keep up with certain things and even go as far to search for court desicions and laws, for a verity of reasons. But I never new this one existed. When Mr LaPierre goes to washington today I do hope he takes this good peice of evidence and shoves it down congresses throat. and make them choke on it. I belive I can safely say that we are sick and tired of the goverment treating us like children that don't know any better. I used to make a comment when Mr Charlton Heston was the President of The NRA,"" I told alot of people isn't this a bitch, when we have to call upon Moses to protect our Second Amendment Rights! ( May he RIP ) Many of us do not know where this will end or even how. But I do hope there is quick and peacefull ending to this matter. But some how I think this is going to become ugly and nasty.
They say that common heads will always prevail but in this case I think not, this is going to be a fight between the honest citizans of this nation and a tyranical Goverment.
In all honesty if the goverment did manage to totally disarm the american people, I would really hate to see, the repercussions and the fall out of this scheame the Goverment has started to disarm its people. Where dose it all end . for many of us who took and swore to defened the constitution against all enemys both forgin and domestic. Even thouhg our Military Service is up and all obligations filled. what will they do then send us one of those Lovely Greetings that state Greetings & Salutations you are herby ordered to report to the United States Military Induction Station or MEPS for your physical for military service. The 100,000 thousand question is can they do this? Thise Military commercaials can only do so much as a recruitment tool , and finally the kids of today are not buying what the goverment is selling. Yes beond a doubt (911 was a very bad day for this country which dosn't even beging to describe the horror that happened on that fatefullday. But when is it going to stop, when our Goverment gets a majority of its citizans killed, by terrorisrs & extreamists. If you wact the news anytime day or night, its gun control this and gun control that, has the goverment even thought of the fact that these reliougious fanatics are out to destroy the United States. It is my right to defend my home and my loved ones in any given case of violence. and my motto is itf you are found here at Night commiting a crime against my family and you are armed, you will still be here in the morning when the medical examiner has to chalk an outline of the suspect. I was once told that by my instructor in ohio, that if you have to stop a threat with a firearm, dont just use one round, sure it ca be labled a clean shoot but in a civil trial you will loose, due to the fact that one round shot into a perpitrator, It can be argeued that you ment to kill the alleged perpitrator. Espically if you belong to any Security. Police or Corrections agency, it will be argueded that your Intent was to kill that person and if a stupid defence lawyer can get that across to a jury, you have just lost everthing you own and then some. My other half worries everyday that she may become a victium of random violence, due to the gang activity here in this state, well there is a remidy for these idoits. if they are flying colors or flasjing gang signs, that shows affilation, and even possible Intent. So Use the Ricco Statue against these idoits, The point will get across quickly, and get the crooks off the street. I dont care if they are 14 years old, if you want to get off the pourch and play with the big dogs! you sure as hell should be put down as if you a re a rabid animal. Very few Bangers change, I have worked these neighbor hoods, an by myself I might add. I have been shot at attacked and what not. but I am still here! and I don't intend to go anywhere until its my time to go, and I dont plan on leaving for a very long time! Putting obama in the white house was one of the biggest mistakes many americans made, but hety its not entirely thier fault.the rest of the Blame is on the goverment as where it should be.
I will do what I can to defend the rights of others,such as my family, friends, and the elderly and my brothers in arms. to my wasy of thingking if your one of those gun grabbing morons, Sorry you are one your own! due to the fact you dont want me toi use that weapon, So why should I break the law to save someone, who was trying to take my rights to begin with. Here is one sure thng you can bet on if something were to happen to a politican , or wife kids or whatever there going to want someone with a high powered firearm to stop any immeadate threqat that is against them, and Id be willing to be that when all the smoke clears,, the defender will be brought up on charges!
Seriously gang its time to take back our country ! and not thru violence!! that will get us nowhere, but if we bug them enough and keep the gun grabbers out of office, Its a fight that can be won for our rights we just have to keep pushing forward, and not take no for an answer. ,,,,,,,Doc