Omar Bennett
Corruption of blood is a legal term referring to a person's inability to pass on their property and hereditary titles to their heirs following a serious crime, such as treason. This concept is addressed in the US Constitution, which prohibits corruption of blood as a punishment for treason, ensuring that the consequences of a person's crimes do not extend to their descendants. The specific clause in the Constitution states that no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted. This clause has raised questions about the interpretation of laws and the impact of treasonous acts on property and inheritance.
| Characteristics | Values |
|---|---|
| What is "corruption of blood"? | The heir would be prevented from inheriting through the attainted person. For example, property held by the father of the attainted person would not pass to the child of the attainted person. This was viewed with particular horror during the colonial period and before. |
| What is "attainder"? | A metaphorical "stain" or "corruption of blood" which arose from being condemned for a serious capital crime (felony or treason). |
| What does "corruption of blood" refer to? | The children cannot inherit from the "tainted" person, nor can they inherit from other relatives through the attainted person. |
| What is the punishment? | A person can be punished during his lifetime, but punishment ceases with his death. |
| What is the power of Congress? | The Congress shall have the 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. |
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What You'll Learn
Corruption of blood and forfeiture
The concept of "corruption of blood" is referenced in the United States Constitution in relation to treason and attainder. According to Article III, Clause 2 of the Constitution, "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." This clause prohibits the practice of "corruption of blood" as a punishment for treason, ensuring that the consequences of treason do not extend beyond the person convicted and do not affect their heirs or descendants.
Corruption of blood refers to the legal principle where the descendants of a person convicted of a serious crime, such as treason, would be prevented from inheriting property or titles from the convicted person or through them from other relatives. In other words, it was a form of punishment that tainted the bloodline of the convicted person, effectively treating their heirs as illegitimate. Attainder, in this context, refers to the metaphorical "stain" or "corruption of blood" that arises from being condemned for a serious capital crime, resulting in the loss of life, property, and the right to pass on hereditary titles to one's heirs.
The practice of corruption of blood has been viewed with horror during the colonial period and before, and it has been abolished in various jurisdictions. For example, in England and Wales, corruption of blood was abolished by the Corruption of Blood Act in 1814. Similarly, the United States Constitution prohibits the passage of bills of attainder or ex post facto laws by Congress and forbids states from doing so as well. The first federal crime bill passed by Congress in 1790 also prohibited corruption of blood as a punishment for any federal crime.
The Confiscation Act of 1862, which aimed to suppress insurrection, punish treason and rebellion, and seize the property of rebels, raised questions about the interpretation of Article III, Clause 2. To address these concerns, an explanatory joint resolution accompanied the act, stipulating that only a life estate could be sold and that the offender's children could inherit upon the offender's death without deriving any title from the United States. This resolution distinguished between absolute and perpetual disabilities and those that are personal or temporary.
In summary, the phrase "corruption of blood" in the US Constitution refers to a legal concept where the consequences of treason do not extend beyond the convicted person, protecting the rights of their heirs and descendants. This concept has been abolished in various jurisdictions, and the US Constitution specifically prohibits corruption of blood as a form of punishment for treason or any federal crime.
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Congress's power to declare punishment for treason
The US Constitution grants Congress the power to declare the punishment for treason. This power is outlined in Article III, also known as the Treason Clause, which defines treason as "levying war" against the United States or "giving aid and comfort" to its enemies. This clause sets the American definition of treason apart from the earlier British version, which included a broader range of offences, many relating to the King or Queen.
Congress has the authority to establish penalties for committing treason, but this power is limited by the Constitution's prohibition on "corruption of blood". This means that while a person convicted of treason may be punished during their lifetime, the punishment ceases with their death and does not extend to their family members or heirs. In other words, the disgraced traitor and any fines they owe will not pass on to their children upon their death. This is a significant departure from English common law, where treason was considered such a heinous crime that the convicted traitor's property was forfeited to the crown, and their heirs were prevented from inheriting it.
The inclusion of this clause in the Constitution reflects the Framers' recognition that national security offences can inflame public passions and, therefore, require heightened procedural protections. It also underscores the gravity of treason as an offence, ensuring that its parameters are clear and specific. The Constitution's prohibition on "corruption of blood" is a safeguard against excessive punishment that respects the line between conduct and conscience, dovetailing with First Amendment values.
While treason prosecutions have largely disappeared, they have been present in nearly every armed conflict in American history up to and including the Second World War. The power to declare punishment for treason is a crucial aspect of national security, and it falls within Congress's authority to address threats to the nation. This power is exercised in conjunction with the courts, which have the power to hear cases and determine guilt or innocence in treason-related matters.
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The Confiscation Act of 1862
The phrase "corruption of blood" appears in Article III of the US Constitution, which outlines the powers of the Judicial Department. It states that Congress has the power to declare the punishment for treason, but any such punishment must not result in corruption of blood or forfeiture beyond the lifetime of the person convicted.
The act was proposed by Senator Lyman Trumbull of Illinois, chairman of the Judiciary Committee, on December 2, 1861. Trumbull's initial bill aimed to seize all Confederate property, regardless of whether it supported the rebellion. However, ideological differences stalled the bill, with Radical Republicans advocating for more comprehensive confiscation and the freeing of slaves, while more conservative members expressed concerns about constitutional rights. A compromise bill was eventually introduced, which allowed for the confiscation of Confederate property through court action and prohibited the return of fugitive slaves.
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The US Constitution's prohibition of corruption of blood
The US Constitution prohibits corruption of blood as a punishment for treason. Corruption of blood is a legal concept that refers to the consequences of attainder, where the descendants of a person convicted of a serious capital crime such as treason are prevented from inheriting property or titles from the convicted person or their other relatives. This concept, which was viewed with horror during the colonial period, effectively treated the heirs of the convicted person as illegitimate.
The specific clause in the US Constitution that addresses this is Article III, § 3, cl. 2, which states: "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." This clause grants Congress the authority to determine the punishment for treason while explicitly prohibiting the use of corruption of blood as a form of punishment.
The inclusion of this prohibition in the US Constitution reflects a recognition of the harsh and unjust nature of corruption of blood as a punishment. By prohibiting it, the Constitution ensures that the punishment for treason is limited to the person convicted and does not extend to their innocent descendants. This provision aligns with the principle that punishment should be proportional and should not collectively punish families for the actions of an individual.
The Confiscation Act of 1862, which aimed to suppress insurrection, punish treason and rebellion, and confiscate the property of rebels, raised questions about Article III, § 3, cl. 2. To address these concerns, an explanatory joint resolution accompanied the act. The resolution clarified that only the property of the offender could be sold during their lifetime, and upon their death, their children could inherit the property without any legal implications or ties to the United States government.
Additionally, when Congress passed the first federal crime bill in 1790, it further reinforced the prohibition of corruption of blood by extending it to all federal crimes. This comprehensive approach ensures that corruption of blood is not utilised as a form of punishment for any federal offence.
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The US Constitution's prohibition of bills of attainder
The inclusion of this clause in the US Constitution was influenced by American dissatisfaction with British attainder laws, which were used throughout the 18th century and in British colonies. At least one American state, New York, used a bill of attainder in 1779 to confiscate the property of British loyalists, demonstrating the potential for abuse and the violation of legal principles such as the right to due process.
The US Supreme Court has interpreted the Bill of Attainder Clause broadly, banning not only legislation that imposes the death sentence but also any legislation that imposes other forms of punishment on specific persons without a trial. For example, in United States v. Brown (1965), the Court held that a federal statute making it a crime for a member of the Communist Party to serve as an officer of a labour union was a bill of attainder. The Court emphasised that the clause was intended to safeguard against the legislative exercise of the judicial function, or "trial by legislature".
The Bill of Attainder Clause has been applied by the Supreme Court to prevent legislatures from circumventing the courts and punishing people without due process of law. The Court has invalidated laws under this clause on five occasions, demonstrating its importance in the US legal system.
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Frequently asked questions
Corruption of blood is a legal term referring to the loss of one's right to pass property to their heirs.
Corruption of blood appears in Article III, Section 3, Clause 2 of the US Constitution.
The US Constitution states that "no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attainted".
Attainder is a metaphorical "stain" or "corruption of blood" that arises from being condemned for a serious capital crime, such as treason. It typically entails the loss of one's life, property, and hereditary titles, as well as the right to pass them on to one's heirs.
No, corruption of blood is no longer practiced. The US Constitution prohibits corruption of blood as a punishment for treason, ensuring that the heirs of a convicted person are not penalized.
