Bills of attainder, ex post facto laws, and laws impairing the obligations of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation. ... The sober people of America are weary of the fluctuating policy which has directed the public councils. They have seen with regret and indignation that sudden changes and legislative interferences, in cases affecting personal rights, become jobs in the hands of enterprising and influential speculators, and snares to the more-industrious and less-informed part of the community.
James Madison, Federalist Number 44, 1788.
While this statement certainly applies to this increasingly sickening spectacle, what Congress did just a few hours ago is not unconstitutional for being a bill of attainder. Whether its actions are unconstitutional under general principles of federalism is another story for another diary (and another diarist).
AN ACT
For the relief of the parents of Theresa Marie Schiavo.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO.
The United States District Court for the Middle District of Florida shall have jurisdiction to hear, determine, and render judgment on a suit or claim by or on behalf of Theresa Marie Schiavo for the alleged violation of any right of Theresa Marie Schiavo under the Constitution or laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.
SEC. 2. PROCEDURE.
Any parent of Theresa Marie Schiavo shall have standing to bring a suit under this Act. The suit may be brought against any other person who was a party to State court proceedings relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain the life of Theresa Marie Schiavo, or who may act pursuant to a State court order authorizing or directing the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life. In such a suit, the District Court shall determine de novo any claim of a violation of any right of Theresa Marie Schiavo within the scope of this Act, notwithstanding any prior State court determination and regardless of whether such a claim has previously been raised, considered, or decided in State court proceedings. The District Court shall entertain and determine the suit without any delay or abstention in favor of State court proceedings, and regardless of whether remedies available in the State courts have been exhausted.
SEC. 3. RELIEF.
After a determination of the merits of a suit brought under this Act, the District Court shall issue such declaratory and injunctive relief as may be necessary to protect the rights of Theresa Marie Schiavo under the Constitution and laws of the United States relating to the withholding or withdrawal of food, fluids, or medical treatment necessary to sustain her life.
While this certainly fits the traditional definition of a bill of attainder, that is, a law that only applies to a specific individual or individuals, under relevant case law, it is not a bill of attainder.
The most recent pronouncement of the Supreme Court appears to be a 1984 case titled Selective Service v. Minnesota PIRG, 468 U.S. 841. As the Court noted, in an opinion by Chief Justice Burger, "the draftsmen of the Constitution sought to prohibit the ancient practice of the Parliament in England of punishing without trial 'specifically designated persons or groups.'" Without going into more detail, the gist of the matter is that bills of attainder must inflict punishment of some sort on the affected person or persons - a level to which this abominable legislation does not reach.
So, continue attacking Congress on Monday for their incredible actions, and remind everyone who will listen that George Bush and the GOP care not one whit for Terry Schiavo, her husband, or her parents, but only, as with everything else they do, for power, the continuation of power, and the consolidation of power.
So much for "limited government" and "state's rights."