Case name: De Veau v. Braisted

Opinion filed: 1960-06-06

Docket No.: 71

Citations:
• 4 L. Ed. 2d 1109
• 80 S. Ct. 1146
• 363 U.S. 144
• 1960 U.S. LEXIS 1863

Case holding summaries:
• rational basis for statute barring felons from holding office in waterfront unions
• upheld New York statute prohibiting solicitation of waterfront employees by labor organization if any officer or agent of such organization had been convicted of a felony
• forbidding work as a union official
• upholding prohibition of convicted felons from working for waterfront unions
• forbidding work as a union official
• section 8's dues collection proscription upheld
• "The question is ... whether the legislative aim was to punish that individual for past activity."
• forbidding work as a union official to former convicts
• "The distinguishing feature of a bill of attainder is the substitution of a legislative for a judicial determination of guilt."
• "The distinguishing feature of a bill of attainder is the substitution of a legislative for a judicial determination of guilt."
• holding proscription against felons holding office in a waterfront labor organization does not violate the Due Process Clause
• "The question ... is whether the legislative aim was to punish that individual for past activity, or whether the restriction of the individual comes about as a relevant incident to a regulation of a present situation...."
• upholding an analogous New York statute against a due process challenge and citing Sec. 504(a) with approval
• "The mark of an ex post facto law is the imposition of what can fairly be designated punishment for past acts [or] ... whether the restriction of the individual comes about as a relevant incident to a regulation of a present situation"
• holding that state statutory bans against employment of convicted felons in certain jobs did not impose punishment under Ex Post Facto Clause
• forbidding work as a union official
• discussing sitting on a jury, entering the Army, or holding an office of trust under the United States
• rejecting a bill of attainder challenge to a statute the effect of which barred convicted felons from working on the New York and New Jersey waterfront
• service as officer of longshoremen's union
• "It is instructive that this unique provision has occurred in connection with approval of a compact dealing with the prevention of crime where, because of the peculiarly local nature of the problem, the inference is strongest that local policies are not to be thwarted."
• upholding statute disqualifying ex-felons from waterfront union office even though their convictions were prior to the passage of the statute
• forbidding work as a union official
• upholding statute disqualifying ex-felons from waterfront union office even though their convictions were prior to the passage of the statute

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