us-constitution sanctions attainder
Why doesn&#39;t the U.S. sanctions against individuals violate the bill of attainder law?
<p>Recently the United States has been applying sanctions against individuals, such as <a href="https://www.cnbc.com/2022/04/06/us-sanctions-putins-adult-children-bans-all-new-investment-in-russia.html" rel="noreferrer">Vladimir Putin's adult daughters</a>. This isn't a new thing by any stretch, but I wondered recently why this isn't considered a violation of the bill of attainder clause of the U.S. Constitution. Here are some possibilities I can think of:</p>
<ul>
<li>The sanctions are against non-U.S. citizens. (Presumably this could not be done to a political opponents' children.)</li>
<li>Specific sanctions are handled by the executive rather than the legislative branch.</li>
<li>Individual targeting is allowed if it's part of a legitimate foreign policy aim. (<a href="https://law.stackexchange.com/a/78803/15922">This answer suggests as much</a> in response to a similar question about the fifth amendment.)</li>
<li>Perhaps these sanctions avoid referring to specific individuals in some legally significant way.</li>
</ul>
<p>I'm not sure if any or all of these make a difference.</p>

<p>The Constitutional proviso of Article I, Section 9, Clause 3 states that &quot;No Bill of Attainder or ex post facto Law shall be passed&quot;. This does not preclude a legal finding against the interest of an individual (e.g. a law can be passed whereby a person is punished for committing a certain act). It is important to understand that this clause means that Congress cannot pass a law declaring an individual to be guilty – this limits the legislative branch, not the executive or judicial branches. Congress can pass a general law and then the executive and judicial branches can enforce that law against an individual.</p>
<p>Sanctions against an individual are routinely imposed by the executive branch (the IRS can fine you, Securities Exchange Commission can fine you, HUD can fine you, Homeland Security can sanction you in various ways...). Actions against an individual always start with the executive branch. You can contest an executive action on various grounds, such as &quot;exceeds authority&quot; or &quot;unconstitutionality of underlying law&quot;, which then brings in the judicial branch. A &quot;bill of attainder&quot; would be a law passed by Congress that declares Katerina and Maria Vladimirovna to be guilty, end of story, and no such law was enacted.</p>
