[20190314]LSB10274_华为诉美国：《公民权利法案》条款与华为对美国的诉讼.pdf

CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i Huawei v. United States: The Bill of Attainder Clause and Huaweis Lawsuit Against the United States March 14, 2019 On March 6, 2019, Chinese electronics manufacturing and telecommunications giant Huawei Technologies Co. (Huawei) filed a lawsuit against the United States, challenging the constitutionality of a law that restricts federal agencies from doing business with the company. The law in question identifies Huawei and Chinese telecommunications company ZTE by name, prohibiting executive agencies from using Huaweis (or ZTEs) products and from contracting with entities that use such products. Although Huaweis complaint against the United States makes several arguments, they primarily argue that the laws restrictions amount to an unconstitutional “bill of attainder.” Article I, Section 9, Clause 3 of the Constitution (the Bill of Attainder Clause) states: “No Bill of Attainder or ex post facto Law shall be passed.” According to the Supreme Court, a bill of attainder is “a legislative act which inflicts punishment without a judicial trial.” But the Bill of Attainder Clause does not mean