"Bills of attainder, ex post facto laws, and laws impairing the obligation of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation." James Madison, Federalist #44 As generally understood, a law that is ex post facto—literally, after the fact—is one that criminally punishes conduct that was lawful when it was done or absolves conduct that was illegal when the act was committed. The Federalist No. 78, Alexander Hamilton noted that "the subjecting of men to punishment for things which, when they were done, were breaches of no law" is among "the favorite and most formidable instruments of tyranny." Also, should be noted that absolving a person of a crime that was, at the time of commission, so long as that law is constitutional, is also ex post facto. "The sentiment is that ex post facto laws are against natural rights." Thomas Jefferson, 1813 "Every law that makes an action done before the passing of the law, and which was innocent when done, criminal; and punishes such action. Secondly, every law that aggravates a crime, or makes it greater than it was, when committed. Thirdly. every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. Forthwith, All laws that attempt to absolve the commission of a crime without due process and hearing. And lastly. Every law that alters the legal rules of evidence, and receives less, or different testimony, than the law required at the time of the commission of the offence, in order to convict the offender. All these, and similar laws, are manifestly unjust and oppressive: Thus, all are ex post facto and unconstitutional in nature and of ruling." Calder v. Bull.
Posted on: Thu, 20 Jun 2013 18:28:17 +0000
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