310
Opinion of Stevens, J.
In reaching the conclusion that the civil forfeiture at issue yielded punishment, the Austin Court surveyed the history of civil forfeitures at some length. That history is replete with expressions of the idea that forfeitures constitute punishment.8 But it was not necessary in Austin, strictly speaking, to decide that all in rem forfeitures are punitive. As Justice Scalia emphasized in his separate opinion, it was only necessary to characterize the specific "in rem forfeiture in this case." Id., at 626 (opinion concurring in part and concurring in judgment). The punitive nature of §§ 881(a)(4) and (a)(7) was accepted by every Member of the Austin Court. The majority offered several reasons for its holding. The applicable provisions expressly provided an "innocent owner" defense, indicating that culpability was a requirement for forfeiture. Further, the provisions tied forfeiture directly to the commission of narcotics offenses. Id., at 620. Finally, the legislative history indicated that the provisions were necessary because traditional criminal sanctions were " 'inadequate to deter or punish.' " Ibid. (quoting S. Rep. No. 98-225, p. 191 (1983)). In sum, it was unanimously agreed that "[s]tatutory forfeitures under § 881(a) are certainly payment (in kind), to a sovereign as punishment for an offense." 509 U. S., at 626-627 (Scalia, J., concurring in part and concurring in judgment) (emphasis in original).9
Remarkably, the Court today stands Austin on its head— a decision rendered only three years ago, with unanimity on
Clause, no matter how "excessive." See Browning-Ferris Industries of Vt., Inc. v. Kelco Disposal, Inc., 492 U. S. 257 (1989).
8 See, e. g., Peisch v. Ware, 4 Cranch 347, 364 (1808) (Marshall, C. J.) ("[T]he act punishes the owner with a forfeiture of the goods"); J. W. Goldsmith, Jr.-Grant Co. v. United States, 254 U. S. 505, 510-511 (1921) (the owner of an automobile confiscated for its use in transporting liquor during Prohibition is " 'properly punished by such forfeiture' ") (quoting 1 W. Blackstone, Commentaries *301).
9 Just this Term, we have reiterated this conclusion. See Libretti v. United States, 516 U. S. 29, 39 (1995) ("[T]he in rem civil forfeiture authorized by 21 U. S. C. §§ 881(a)(4) and (a)(7) is punitive in nature").
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