Monday, August 4, 2014

DO TRAFFIC TICKETS VIOLATE THE U.S. CONSTITUTION?

Someone told me that traffic tickets violated the U.S. Constitution.  My first thought was, "What?! How can that be? I doubt it."  But if you know me at all or have followed my posts for a while, you know that we can't just take someone's word for it anymore no matter who that someone is (friend, newscast, government, etc...).



I was told that a traffic ticket falls under the definition of a BILL OF ATTAINDER or BILL OF PAINS & PENALTIES, and that it is expressly forbidden in the U.S. Constitution.  Naturally I wondered, "What is a BILL OF ATTAINDER?" and, "Does our Constitution really forbid it?" 

WHAT IS A BILL OF ATTAINDER? (according to Black's Law Dictionary)

[A legislative act, directed against a designated person, pronouncing him guilty of an alleged crime, (usually treason,) without trial of conviction according to the recognized rules of procedure, and passing sentence of death and attainder upon him.  "Bills of attainder," as they are technically called, are such special acts of legislature as inflict capital punishments upon persons supposed to be guilty of high offenses, such as treason and felony, without any conviction in the ordinary course of judicial proceedings.  If an act inflicts a milder degree of punishment than death, it is called a "BILL OF PAINS and PENALTIES," but both are included in the prohibition in the Federal Constitution.]

U.S. Constitution - Article 1, Section 9, Clause 3


"No Bill of Attainder or ex post facto law shall be passed."

U.S. Constitution - Article 1, Section 10, Clause 1

"No State shall... pass any Bill of Attainder..."


Although a traffic ticket can be challenged in court I guess, it seems to me that the mere issuance of such a penalty is prohibited.  Not to mention the costs charged to the accused and to the court (which is charged to the accused and others by way of taxation) for the proceedings.

WHAT DO YOU THINK?