lovett argued decided june ralph fuchs washington petitioner john gall washington congress house resolution public law congress amicus curiae special leave charles horsky washington respondents justice black delivered opinion respondents lovett watson dodd several years working government government agencies lawfully employed fully satisfied quality work wished keep employed jobs protest employing agencies congress provided section urgent deficiency appropriation act way amendment attached house bill november salary compensation paid respondents monies thereafter appropriated except services jurors members armed forces unless prior november appointed jobs president advice consent senate stat notwithstanding congressional enactment failure president reappoint respondents agencies kept respondents work jobs varying periods november compensation ws discontinued date secure compensation work respondents brought actions claims urged section unconstitutional void grounds section properly interpreted shows congressional purpose exercise power remove executive employees power entrusted congress executive branch government article ii sections constitution section violates article section clause constitution provides bill attainder ex post facto law shall passed section violates fifth amendment singles three respondents deprives liberty property without due process law solicitor general appearing government joined first two respondents contentions took position third house resolution public law congress stat authorized special counsel appear behalf congress counsel denied three respondents contentions urged section valid exercise congressional power article section clause section clause section clause constitution sections empower congress lay collect taxes pay debts provide common defence general welfare make laws shall necessary proper carrying execution powers vested constitution government department officer thereof provide money shall drawn treasury consequence appropriations made law counsel congress also urged section purport terminate respondents employment according merely cut respondents pay deprived governmental agencies power make enforceable contracts respondents compensation contention involved simply exercise congressional powers appropriations according argument plenary subject judicial review premise counsel congress urged challenge constitutionality section raised justiciable controversy claims entered judgments favor respondents judges opinion section properly interpreted terminate respondents employment prohibited payment compensation funds generally appropriated consequently continued employment respondents valid justified bringing actions pay claims members thought section unconstitutional void either bill attainder encroachment exclusive executive authority denial due process mwe granted certiorari manifest importance questions involved parties counsel congress urged points claims according view take need decide whether section unconstitutional encroadchment executive power denial due process law section challenged ground violates first amendment inquiry thus confined whether actions light proper construction act present justiciable controversies whether section bill attainder respondents involving use power constitution unequivocally declares congress never exercise questions require interpretation meaning purpose section turn requires understanding circumstances leading passage consequently find necessary set circumstances somewhat detail background statute challenged lies house representatives feeling late thirties many occupying influential positions government elsewhere influence must remain unchallenged part program activities house may created committee activities became known dies committee chairman congressman martin dies committee conducted series investigations made lists people organizations thought see sess sess creation dies committee followed provisions section hatch act stat sections emergency relief appropriations act stat note forbade holding federal job anyone member political party organization advocated overthrow constitutional form government became practice include similar prohibition appropriations acts together criminal penalties violation provisions federal bureau investigation began wholesale investigations federal employees investigations financed special congressional appropriations stat stat thousands investigated happening mr dies february long speech floor house attacked named government employees unrepresentative crackpot radical bureaucrats affiliates front organizations among named individuals three respondents congressman dies told house respondents well individuals named beliefs past associations unfit government position urged congress refuse appropriate money salaries connection proposed committee appropriations immediate vigorous steps eliminate people public office four days later amendment offered office appropriato bill provided part appropriation contained act shall used pay compensation individuals dies attacked congressional record shows amendment precipitated debate continued several days id participating agreed individuals serious wanted accept congressman dies statements sufficient proof others referred proposed action lynching id smacking procedure french chamber deputies reign terror id dies charges referred many claimed made necessary named federal employees given hearing chance prove innocent id congressman dies suggested appropriations committee evidence take immediate steps dismiss people federal service id eventually resolution proposed defer action appropriations committee investigate accused federal employees get chance prove communism disloyalty day star chamber proceedings id see id resolution finally passed authorized appropriations committee acting special subcommittee examine allegations charges certain persons employ several executive departments executive agencies unfit continue employment reason present association membership past association membership organizations whose aims purposes subversive government id committee full plenary powers including right summon witnesses papers report determination house authorized attach legislation recommended general special appropriation measure notwithstanding general house rules practice id purpose resolution thus described chairman committee appropriations closing remarks favor passage third really important effect expedite adjudication disposition cases thereby serve accused government men charges pending faced serious situation guilty entitled prompt exoneration hand guilty quicker government removes sooner certainly protect nation sabotage activity id resolution passed special subcommittee appropriations committee held hearings secret executive session charged beliefs associations permitted testify lawyers including representing cies accused employed permitted present hearings committee members committee staff whatever witness examination ones present evidence aside given accused employees appears largely reports made dies committee investigators federal bureau investigation reports latter treated confidential made public hearing subcommittee reports recommendations submitted house part appropriation committee report subcommittee stated regarded investigations nature inquest office ultimate purpose purging public service anyone found guilty activity committee stating activity defined congress courts formulated definition activity set margin respondents watson dodd lovett according subcommittee guilty engaged activity within definition adopted committee sess ultimate finding recommendation respondent watson substantially similar findings respect lovett dodd read follows consideration evidence committee finds membership association goodwin watson organizations mentioned views philosophies expressed various statements writings constitute subversive activity within definition adopted committee therefore unfit present continue government employment house report congress session lovett committee reported rejected appeal secretary interior permission retain lovett government service committee stated conclusion official unfit hold position government reason membership association affiliation organizations whose aims purposes subversive government id section submitted house along committee report congressman kerr chairman subcommittee stated issue house simply whether people country want men sympathy institutions country run said people property rights offices one congress take away rights given another members house several days debate bitterly attacked measure unconstitutional unwise id finally section passed house senate appropriation committee eliminated section action sustained senate first conference report left matter still disagreement senate voted conference report left section bill house however insisted amendment indicated approve appropriation bill without section finally fifth conference report showed house yield senate adopted section president signed bill stated senate yielded forced yield avoid delaying conduct war yield without placing record view provision unwise discriminatory unconstitutional doc sess view facts set agree two judges claims held section required mere stoppage disbursing routine nothing left employer governmental agencies free continue employing respondents incur contractual obligations virtue continued work respondents enforce claims agree counsel congress section provide dismissal respondet merely forbade governmental agencies compensate respondents work incur obligations compensation times therefore conclude urges section mere appropriation measure since congress constitution complete control appropriations challenge measure constitutionality present justiciable question courts merely political issue congress final say hold purpose section merely cut respondents compensation regular disbursing channels permanently bar government service issue whether constitutional justiciable section language well circumstances passage described show mere question compensation procedure appropriations involved designed force employing agencies discharge respondents bar hired governmental agency cf dickerson interpretation section completely frustrate purpose sponsored section clearly existing future lists government employees congress deemed guilty activities therefore hold federal job challenged therefore statute congress thought political beliefs prohibited respondents ever engaging government work except jurors soldiers respondents claimed discharge unconstitutional consequently rightfully continued work government government owes compensation services performed contracts employment congress established claims try controversies involved congressional proscription lovett watson dodd prohibiting ever holding government job case justiciable congressional action aimed three named individuals stigmatized reputation seriously impaired chance earn living never challenged constitution contemplate result quote alexander hamilton limited constitution one contains certain specified exceptions legislative authority instance shall pass bills attainder ex post facto laws like limitations kind preserved practice way medium courts justice whose duty must declare acts contrary manifest tenor constitution void without reservations particular rights privileges amount nothing federalist paper ii hold section falls precisely within category congressional actions constitution barred providing bill attainder ex post facto law shall passed cummings state missouri wall said bill attainder legislative act inflicts punishment without judicial trial punishment less death act termed bill pains penalties within meaning constitution bills attainder include bills pains penalties cummings decision involved provision missouri reconstruction constitution required persons take oath loyalty prerequisite practicing profession cummings catholic priest convicted teaching preaching minister without taking oath oath required applicant affirm never given aid comfort persons engaged hostility never member con ected order society organization inimical government illuminating opinion gave historical background constitutional prohibition bills attainder invalidated missouri constitutional provision constituted bill attainder ex post facto operation day cummings case decided ex parte garland wall also held invalid grounds act congress required attorneys practicing take similar oath neither cases ever overruled stand proposition legislative acts matter form apply either named individuals easily ascertainable members group way inflict punishment without judicial trial bills attainder prohibited stitution adherence principle requires invalidation section adhere section designed apply particular individuals statute two cases mentioned legislative decree perpetual exclusion chosen vocation permanent proscription opportunity serve government punishment severe type type punishment congress invoked special types odious dangerous crimes treason acceptance bribes members congress government officials interference elections army navy officers section thus clearly accomplishes punishment named individuals without judicial trial fact punishment inflicted instrumentality act specifically cutting pay certain named individuals found guilty disloyalty makes less galling effective done act designated conduct criminal one think congress passed valid law stating investigation found lovett dodd watson crime engaging activities defined term first time sentenced perpetual exclusion government employment section use language accomplishes result effect inflict punishment without safeguards judicial trial previous law fixed rule constitution declares done either state wrote constitution well knew danger inherent special legislative acts take away life liberty property particular named persons legislature thinks guilty conduct deserves punishment intended safeguard people country punishment without trial duly constituted courts see duncan kahanamoku even courts important function entrusted commanded stay hands unless certain tested safeguards observed accused must tried impartial jury right represented counsel must clearly informed charge law charged violating must passed committed act charged must confronted witnesses must compelled incriminate twice put jeopardy offense even conviction cruel unusual punishment inflicted upon see chambers state florida constitution bill rights written ancestors ample reason know legislative trials punishments dangerous liberty exist nation free men envisioned proscribed bills attainder section one much regret declare act congress violates constitution alternative section therefore stand obstacle payment compensation lovett watson dodd judgment favor affirmed affirmed justice jackson took part consideration decision cases justice frankfurter justice reed joins concurring nothing easier personal condemnation provision urgency deficiency appropriation act challenged stat judicial function exacts considerations different may determine vote congress measure may decisive presidential disapproval may satisfy established criteria alone justify striking act congress us find unconstitutionality congress enacted although may imply notions abhorrent us individuals policies deem harmful country although proposed constitutional convention share legislative ocess framers saw fit exclude must remembered legislatures ultimate guardians liberties welfare people quite great degree courts missouri kansas texas ry texas may admonition uttered justice holmes one earliest opinions needs recalled whenever exceptionally offensive enactment tempts beyond strict confinements exercise indirection authority constitution denied calls severest intellectual detachment alert scrupulous observance deviations professed limits power strike legislation perhaps one quality great judges common particularly congressional legislation scrutiny every rational trail must pursued prevent collision congress congress readily mend ways people may express disapproval choosing different representatives decree unconstitutionality fraught consequences enduring avoided unless choice left reason inclusion appropriation bill undoubtedly raises serious constitutional questions fundamental principle constitutional adjudication face constitutional questions avoid possible developed governance cases confessedly within jurisdiction series rules avoided passing upon large part constitutional questions pressed upon decision brandeis concurring ashwander tennessee valley authority page page piece legislation scrutiny may widely unpopular irrelevant observance rules abstention avoidable adjudications widely popular rules may well appear refined evasive laity support profoundest wisdom vindicated conspicuous instances disregard painful lessons constitutional history guiding considerations enjoined constitutional principles best practice dealing various claims unconstitutionality ably pressed upon us bar reads though expressly discharged respondents office held prohibited holding office government future basis reading holds provision bill attainder punishment without judicial trial cummings state missouri wall therefore forbidden article section constitution congress said inflicted punishment upon respondents disapproved beliefs thought hold colloquial treatment statute neglects relevant canons constitutional adjudication disregards features legislation call validity question grounds inconsistency prohibition bills attainder characterize act congress bill attainder readily enlists however instincts free people committed fair judicial process determination issues affecting life liberty property naturally abhor anything resembles legislative determination guilt legislative punishment see duty precludes reading reads even read provision within constitutional conception bill attainder broadly speaking two types constitutionalc laims come constitutional issues derive broad standards fairness written constitution process protection laws compensation division power nation questions nature allow relatively wide play individual legal judgment class gives scope second class constitutional issues derives specific provisions constitution source definite grievances led fathers proscribe recurrence experience specific grievances safeguards recurrence defined constitution defined history meaning settled history definition superfluous judicial enforcement constitution must respect historic limits prohibition bills attainder falls course among specific constitutional provisions distinguishing characteristic bill attainder substitution legislative determination guilt legislative imposition punishment judicial finding sentence bill attainder common law fathers imported england practiced adoption constitution act sovereign power form special statute man pronounced guilty attainted crime punished deprivation vested rights without trial judgment per legem terrae farrar manual constitution see story commentaries constitution cooley constitutional limitations special narrowly restricted intervention legislature matters decent regard men interests indicated judicial trial constitution prohibited must recalled constitution framed era dispensing justice established function legislature prohibition bills attainder must viewed background historic situation moves specific litigation conventional part exclusive concern courts commonplace legislative practices see calder bull dall wilkinson leland pet baltimore susquehanna railroad nesbit pound justice according law ii woodruff chancery massachusetts rev cf cases bills attainder part staple judicial functions legislatures exercised part recognized authority constitution prohibited provided bill attainder shall passed section lacks characteristics enactments statutes realm colonial laws bear hallmarks bills attainder bills attainder specify offense attainted person deemed guilty punishment imposed always declaration guilt either individual class belonged offense might crime act made punishable ex post facto frequently bill attainder thus doubly objectionable ex post facto features historic explanation uniting two mischiefs one bill attainder ex post facto law shall passed one claims ex post facto law substance punishment acts deemed statute course makes charge punishment previously provided clearly ex post facto therefore bill attainder also ex post facto law ex post facto law reasons establish persuasive bill attainder offense specified declaration guilt made framers constitution proscribed bills attainder referred form law prevalent monarchial england employed colonies familiar nature experienced use knew wanted prevent law unfair general even unfair affecting merely particular individuals outlawed explicitness prohibition bills attainder point page history worth volume logic new york trust eisner resentment injustice displace controlling history judicial construction constitution lack essential declaration guilt likewise lacks imposition punishment sense appropriate bills attainder punishment imposed dreaded bill attainder course death lesser punishments imposed similar bills technically called bills pains alties constitution outlaws entire category punitive measures fletcher peck cranch cummings state missouri wall amount punishment immaterial classification challenged statute punishment prerequisite punishment presupposes offense necessarily act previously declared criminal act retribution exacted fact harm inflicted governmental authority make punishment figuratively speaking discomforting action may deemed punishment deprives otherwise enjoyed may reasons punitive deprivation man may forbidden practice medicine convicted felony hawker people state new york longer qualified dent state west virginia deprivation rights civil political previously enjoyed may punishment circumstances attending causes deprivation determining fact cummings state missouri wall clear respondents removed office still accepting reading statute punishment past acts clear degree certitude required declares legislation congress unconstitutional disputed section say far house representatives concerned kerr committee proposed measure many voted favor bill assuming appropriate go behind terms statute ascertain unexpressed motive members doubt considered respondents wished exclude government past associations present views legislation upon pass judgment product houses congress president senate five times rejected substance finally prevailed senate joined unexpressed declaration guilt retribution provision included important appropriation bill stiffest interpretation placed upon senate action agreed remove respondents office still assuming interpretation without passing judgment past conduct present views section became law president signature motive allowing become law free doubt rejected notion respondents wer explicitly stated wished retain service government doc sess historically parliament passed bills attainder behest monarch see adams constitutional history england rev constitution course provides enactment legislation even disapproval executive hold measure express judgment condemnation senate carried affirmative disavowal condemnation president constitutes bill attainder disregards historic tests determining bill attainder least serious objections finding bill attainder declared unconstitutional failure observe reaches constitutional invalidation inescapable necessity must evident anyone power declare legislative enactment void one judge conscious fallability human judgment shrink exercising case conscientiously due regard duty official oath decline responsibility cooley constitutional limitations even agreed purposes characterizing deprivation statute punishment motive congress past action respondents presumed motive supplant expressed legislative judgment expectations sought enactment legislation may used purpose affixing legislation enacted meaning express goelet congress omitted condemnation presumed punishment sanction thereby negatived essential notion bill attainder may said view bill attainder offers congress easy mode evading prohibition constitution congress need merely omit ground condemnation legislate penalty prohibition attainder one safeguards liberty arsenal constitution provisions constitution specific comprehensive effectively designed assure liberties citizens restrictive function clause bills attainder take legislature judicial function legislature possessed congress adopted form statute lacking pretension quality gave bill attainder significance declaration guilt circumstances made determination grossly unfair simply passed act denounce bill attainder less congress may conscious limitations constitution placed upon passing bills attainder congress chooses say men shall paid even shall removed jobs decide congress also said guilty offense particularly decide necessary assumption declaring act congress invalid congress legislated attributed simple fact congress said nothing words congress used susceptible read legislative verdict guilt respondents matter dictionary form argumentation use aids analysis accords prior course decision cummings state missouri supra ex parte garland wall dealt legislation different scope significance us statutes cases condemn punish specific persons name proscribed guilty dei gnated offenses refusal take prescribed oath operated admission guilt automatically resulted disqualifying punishment avoidance legislative proscription guilt cummings garland statutes required positive exculpation persons legislatively punished named mere detail identification congress missouri legislature respectively provided effective method insuring identification enactments followed example english bills attainder condemned named person adherents section presents situation wholly outside ingredients statute furnished basis cummings garland decisions bill attainder gloss history defines phrase constitution acceptance reading raise serious constitutional questions first magnitude difficulty derives constitutional distribution power removal century astutely avoided adjudication power control congress executive serving executive branch government inevitably presented myers gave fullest consideration problem case twice argued consideration nearly three years far issues foreseen elaborately dealt opinions aggregating nearly two hundred pages within less decade opinion fifteen pages largely qualified myers case apparently voluminously settled humphreys executor experience serves powerful reminder duty deal congressional enactments avoid invalidation unless road decision barred serious problem interpretation raises due process one aspect another phase constitutional issue removal power construed removal office determined whether singling three government employees removal violated fifth amendment decided whether congress removal power employees extensive even statute read mere stoppage disbursement question arises whether congress treat three employees government differently others question answer event respondents entitled recover suit suit whatever view one takes legal significance sure also purports prescribe ditions relating future employment respondents government question open decision reemployment agency government desire reemployment controversy consequently subject may well postponed actually arises decision wilson new gravity delicacy function passing upon validity act congress called action absolutely necessary liverpool philadelphia steamship commissioners emigration exercised basis imaginary facts see brandeis concurring ashwander tennessee valley authorit supra pages pages since apparent grave constitutional doubts arise adopt construction puts follow practice established time chief justice marshall approach appropriate case one us thus summarized justice holmes similar situation rule settled two possible interpretations statute one unconstitutional valid plain duty adopt save act even avoid serious doubt rule delaware hudson standard brewery state texas eastern texas bratton chandler panama johnson words strained need strained order avoid doubt jin fuey moy ann blodgett holden validity act congress drawn question even serious doubt stitutionality raised cardinal principle first ascertain whether construction statute fairly possible question may avoided crowell benson brandeis concurring ashwander tennessee valley authority supra page page faced inescapably necessity adjudicating serious constitutional questions obvious least one certain construction forbids disbursing agents treasury pay specifically appropriated moneys sums compensate respondents services noted cloud cast upon interpretation manifestations committees members house representatives passage section hand also much debates senate also house supports mere fiscal scope given statute construction tenable settles duty adopt avoid determination constitutional questions great seriousness accordingly feel compelled construe chief justice whaley whereby merely prevented ordinary disbursal money pay respondents salaries cut obligation government pay services rendered respondents therefore entitled recover judgment obtained claims footnotes section provides part appropriation allocation fund made available pursuant act hereafter made available pursuant act department agency instrumentality shall used november pay part salary compensation personal services goodwin watson william dodd junior robert morss lovett unless prior date person appointed president advice consent senate provided section shall operate deprive person payment leaves absence salary refund reimbursement accrued prior november provided sections hall operate deprive person payment services performed member jury member armed forces benefit pension emolument resulting therefrom shall point president signed bill since appropriated funds imperatively needed carry war felt however section bill unconstitutional failed reappoint respondents stat stat stat stat stat stat stat stat house doc sess activity country derives conduct intentionally destructive inimical government seeks undermine institutions distort functions impede projects lessen efforts ultimate end overturn activity may open direct effort overthrow subtle indirect sabotage rep course one usual characteristics bills attainder see wooddeson law lectures systematical view laws england see cummings state missouri supra wall see also fletcher peck cranch burgess salmon see dissent justice miller cummings state missouri supra wall page see also wooddeson supra et seq section characteristics bills attainder even set justice miller dissent except corruption blood wall page american precedents consider corruption blood necessary element originally judgment death necessary attaint consequences attainder forfeiture corruption blood coke first institute littleton thomas ed vol iii judgment lesser punishment death attaint bill one pains penalties practically american precedents bills pains penalties see thompson st legislation american revolution et passim john hamilton history republic vol iii constitution prohibiting bills attainder undoubtedly included bills pains penalties majority commings case held part appropriation allocation fund made available pursuant act hereafter made available pursuant act department agency instrumentality shall used november pay part salary compensation personal services goodwin watson william dodd junior robert morss lovett unless prior date person appointed president advice consent senate provided section shall operate deprive person payment leaves absence salary refund reimbursement accrued prior november provided section shall operate deprive person payment services performed member jury member armed forces benefit pension emolument resulting therefrom even holding enactments bills attainder justice miller wrote powerful dissent concurred chief justice chase justice swayne justice davis wall