Flashcards Studio

An Extremist Association Prohibition Act (EAPA) is enacted on March 1, 2024. The Act prohibits membership in any organization designated as “extremist” by the National Security Council and provides imprisonment for up to 8 years for membership. It contains a transitional clause applying to acts of membership since January 1, 2000. On June 15, 2024, a person who joined an organization in 2011—long before its designation as extremist in 2022—is arrested solely for his membership, with no evidence of any wrongdoing by him beyond that membership. The defense moves to dismiss on the ground that the Act violates the Bill of Attainder prohibition in the Constitution. (a) Identify the primary due process issue and the controlling doctrine. (b) Explain what a bill of attainder is and why it is unconstitutional. (c) Apply to the facts: does the statute violate the Bill of Attainder prohibition? What is the proper disposition, and why?