Speech #600029442

I am quite satisfied that this bill. besides being essentially cruel in its effects. is also clearly unconstitutional. It conflicts with section 9 of Article I of the Constitution. which provides that "no bill of attainder or ex post facto law shall be passed." The bill provides that "any alien who is now under sentence because of conviction of a felony shall at the expiration of his sentence be taken into custody and returned to the country whence he came." Bishop. in his workon Criminal Law. says: An ex post facto law may. with reasonable precision. be defined to be one making punishable what was innocent when done. or subjecting the doer to a heavier penalty or burden than was then provided. The bill is also in contravention of Article VIII. which provides that "excessive bail shall not be required. nor excessive fines imposed. nor cruel and unusual punishment inflicted." Surely the deportation and separation forever from those nearest and dearest to him of a person for any minor offense which we constitute or call a felony is so cruel and unusual a punishment as to come clearly within the purview of this article of the Federal Constitution. The bill is further in contravention of Article XIV. section 1. which provides as follows: All persons born or naturalized In the United States. and subject to the jurisdiction thereof. are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. nor shall any State deprive any person of life. liberty. or property without due process of law. nor deny to any person within its jurisdiction the equal protection of the laws. In so far as this section deals with the rights and privileges of citizens of the United States. it does not of course apply to the case under consideration.