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The US Congress is prohibited from passing ex post facto laws in the Article I Section Clause 3 of the US Constitution. States are also prohibited from passing these laws by Article 1 Section 10 Clause 1.
Wiki User
∙ 8y ago
Wiki User
∙ 13y agoJudicial review and ex post facto laws fall into two different categories.
The Constitution explicitly forbids Congress from passing ex post facto laws (and bills of attainder) in Article I.
The Constitution is silent on the practice of judicial review, which many originalists interpret as meaning the Judicial Branch lacks authority to exercise that legal prerogative. What people often fail to note is the framers made no comment about judicial procedures beyond jurisdiction. Judicial review is a carryover from English common law that was already an established and accepted practice in the United States when the Constitution was written.
For more information, see Related Questions, below.
Wiki User
∙ 14y agoThe Constitution prohibits congress from passing any Ex post facto laws. The problem comes with laws passed relating to amendments passed after the constitution was ratified. Thus, congress has passed ex post facto laws on income tax.
Wiki User
∙ 13y agoI don't think there is an ex post facto in the Constitution. The way it is mostly applied is that, pre-existing conditions must apply. Unless an act is viewed directly by a(n) disinterested/involved party any action taken in response must appear before a magistrate before any legal action can take place. It allows for the questioning of acts/actions by those in enforcement positions, but prevents the limiting of liberties without presentation before an impartial party. The Federal criminal procedure calls for taking an accused before a magistrate at some point in time, and many states specify a defined time frame for the appearance. Otherwise I think the Constitution comes into play and says that no warrant for arrest may be issued except upon probable cause.
While information may be obtained in the course of determining if there is probable cause, it still must be presented before a third party (ie, the magistrate) before an actual arrest can occur. At that point the other rights such as the right to counsel come into play, at least that is my read of criminal law and the Constitution, though I could be wrong.
The prohibition against ex post facto laws is found in Article I, Section 9, Clause 3, of the US Constitution, which states: "No Bill of Attainder or ex post facto Law shall be passed."
Wiki User
∙ 12y agoThe constitution says that a person may not be charged for a crime under an ex post facto law. An ex post facto law is a law that was created after the supposed crime was committed. The US Constitution ruled that someone cannot be tried for breaking a law that wasn't created yet. Makes sense, right?
Wiki User
∙ 15y agoNo. Article 1, Section 9 states: "No bill of attainder or ex-post facto Law shall be passed."
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What is name of a law that makes something a crime after the fact?
Ex Post Facto law "Congress shall pass no Ex Post Facto law", I believe is how it appears in the constitution. It is latin for after the fact.
Congress may not pass what law or laws that make an act a crime after the act has been committed?
Ex post facto :)
Can congress pass an ex post facto law if both houses favor it by two thirds majority?
SORNA passed. so the answer is yes.
Can congress write ex post facto law?
yes
What is it called if Congress tries to pass a law making it illegal to have done something that was legal when you did it?
Ex Post Facto Laws (after the fact)
Can Congress pass an ex post facto law if both houses favor it by two-thirds majority?
SORNA passed. so the answer is yes.
Which level of government has the power to pass ex post facto laws?
Assuming this is about the united states, to pass an ex post facto law is no kind of power, it is prohibited by the constitution.
What is the name given to a type of law that Congress is not allowed to pass?
Officially, they're called the Ex-post Facto laws, detailed in Section 9 of the Constitution.
Can congress pass an ex post facto law if both house favor it by two-thirds majority?
SORNA passed. so the answer is yes.
Can congress pass an ex post facto law if both houses favor it by a two-thirds majority?
For all practical purposes, No. However, technically speaking, if Congress chose to pass an ex-post-facto law (either by 2/3rd in both houses to overrule Presidential Veto power or even if a President were to sign it) the law would be deemed Unconstitutional by the Supreme Court once challenged - hence the beauty of the checks-and-balances system in the United States. In practical terms it would, however, mean that the law would be in force for a period of time until the case challenging it would reach the Supreme Court for review.The only way to make an ex-post-facto law actually stick would be, in effect, to amend the Constitution.
A law passed to punished someone for an act committed before the act was declared illegal congress's?
It is called an ex post facto law.
Congress can punish an executive department official by passing on ex post facto law?
(in the US) No. The question is an untrue statement.
