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"But a Constitution of Government once changed from Freedom, can never be restored. Liberty, once lost, is lost forever." - John Adams

Wednesday, May 5, 2010

Ex Post Facto Law

The U.S. Constitution's Article 1 Section 9, C.3 states: 'No Bill of Attainder or ex post facto Law shall be passed,' and Section 10 says: 'No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law. . . .'
The 'words and the intent' of the Ex Post Facto Clause encompass '[e]very law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed.' Calder v. Bull, 3 U.S. (1 Dall.) 386, 390 (1798) (opinion of Chase, J.).
An ex post facto law is a law passed after the occurrence of an event or action which retrospectively changes the legal consequences of the event or action.
Obviously any law, Ex Post Facto, from the Latin meaning-"from after the action", is hereby Unconstitutional in nature. I think we can all agree on that, yes? So how is it that a law was passed to force AIG executives to return bonuses through punative taxation? How is it now that the same people who were screaming that Arizona's new immigration law is a violation of Constitutionally protected rights, garaunteed by the 4th Amendment, are the same people who are lining up to support legislation called "Big Oil Bailout Prevention Act" that would raise the economic damages liability cap for offshore oil spills from $75 million to $10 billion.
As White House spokesman Robert Gibbs put it on Monday the Obama administration will "keep a boot on the throat" of BP to make sure the company stops oil from a sunken rig from pouring into the Gulf of Mexico as soon as possible. (Would that be a Jack Boot, there Gibbsy?) If that doesn't all add up to Ex Post Facto legislation, I don't know what does.
If the Constitution of The United States isn't equal for all, then it is equal for none. If those in Congress expect to continue to pass laws for some and not others, as they see fit, then law is no longer a rule but a whim and our Republic is actually a Dictatorship.

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