I recently came across an excellent article by David McCallister at the Abbeville Institute, entitled, “A Modern Bill of Attainder?” In it, he argues that the despicable “Naming Commission,” which erased all diversity from the names of military bases and also completely destroyed Arlington National Cemetery, is unconstitutional because its actions constitute a Bill of Attainder:
Removals of base names, ROTC battle streamers, just to name a few constitute honors granted but removed pursuant to a Congressional Act meant to stigmatize a group’s progeny into perpetuity. By the passage of section 370 of the 2021 National Defense Authorization Act, Congress did just that when they adopted Elizabeth Warren’s Naming Commission provision based on her contention of universal, and individual guilt for treason, acting as judge, jury and executioner, with a complicit Congress behind her, despite President Trump’s veto of the troublesome Law. The Law singled out a deemed group unworthy to have any honors based on their military service, over 150 years after the fact, and saddling their descendants with hereditary shame and stigma. No trial, no treason. No treason, no condemnation. No condemnation, no cancellation.
(emphasis added by me)
These sentiments really resonate with me and articulate what is so wrong with the statue genocide in a way that I hadn’t thought of before. The sentiments expressed by McCallister apply not only to the disgraceful Naming Commission, but to all atrocities committed against Confederate historical figures and Christopher Columbus as well.
Essentially, removing a historical figure’s statues, monuments, public art, holidays, names, and other honors constitutes giving that historical figure the death penalty. Yet there was never any grand jury convened to charge the historical figures (and in many cases, no particular crime that they’ve even been accused of committing), no due process, no speedy and public trial (or any trial at all, for that matter), and no jury. And because historical figures are no longer alive, they are not able to be confronted with the witnesses against them, to obtain witnesses in their favor, or to have the assistance of counsel for their defense. In short, what has happened with statues and monuments over the past few years constitutes giving historical figures the death penalty without a trial. And this violates the Fifth and Sixth Amendments of the Constitution. Plus, the atrocities committed against statues are the very epitome of cruelty. If these sickening actions are not “cruel and unusual,” then nothing is. Therefore, the statue genocide violates the Eighth Amendment as well.