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What does the constitutional prohibition against ex post facto laws mean?
Wiki User
∙ 14y ago
An ex post facto law is one that prohibits that which was formerly legal, and reaches back in time to punish that which was already done back when it was legal. It also includes retroactively increasing the punishment for past crimes. The US Constitution, Art 1, sec 9, prohibits such laws.
However, there is a great deal of legal controversy over whether a legal provision "punishes" the past act, and whether it is doing so retroactively. For example, suppose a state prohibits drunk driving as a misdemeanor, and you are convicted of it twice. Then the state passes a law making a third drunk driving offense a felony. Then you get caught drunk driving again. The state can punish you as a third drunk driver because the only thing that is being punished is your third act of drunk driving while having two priors, and your third act occurred after the law was passed.
In Kansas v Hendrick, 521 US 346 (1997), Hendricks was convicted of a sex offense in 1984 and sentenced. While in prison in 1994, Kansas passed a law for civil commitment of "sexually violent predators." After Hendricks served his criminal sentence, he was locked up anyway (though this time in a state hospital), with his acts leading to conviction and other past acts being the basis for a finding that he continued to be dangerous to the public, allowing his continued incarceration. The US Supreme Court, by a 5-4 vote, ruled that this "civil commitment" was not "punishment" and therefore allowed it to happen.
This ruling, in the eyes of many commentators, has gutted the ex post facto protection enshrined in the constitution.
Wiki User
∙ 14y ago
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What are 4 different types of ex post facto laws?
There is only one. It is set forth in the Constitution. Ex Post Facto Laws are prohibited.
Why was it difficult to enforce the laws governing prohibition?
Because only a minority of the population supported Prohibition.
Was it wrong to break the laws of prohibition?
A large proportion of the public believed that National Prohibition was an unjust intrusion of government into the personal lives of individuals and did not consider breaking the laws of Prohibition to be wrong. It was the government that was wrong for violating their basic rights.
All the reasons why was it difficult to enforce the laws governing Prohibition were what?
Most people came to oppose Prohibition and disobeyed it.
What powers pass ex post facto laws?
None, ex post facto laws are illegalNo one. In the United States, Article I, Section 9, of the Constitution prohibits government bodies from passing ex post facto laws. This applies at both the federal and state level.no it says that under article 1 section 9-10Prohibited by Article 1 Section 9 of the U.S. Constitution
Law shall have no retroactive effect?
Law has prospective (forward-looking) effect only. The reason for this is that people are entitled to have advance knowledge of the legality or illegality of their behavior before they engage in it. It is similar in theory to the Constitutional prohibition against ex post facto laws.
Why did racists support the prohibition amendment?
Prohibition can be seen as part of a cultural war against immigrants. That's one reason the KKK was such a strong supporter and (illegal) enforcer of prohibition laws.
That allowing the highest court in the US to declare a law unconstitutional is a benefit?
Yes, it is a benefit. The constitution prohibits congress from passing certain types of laws. Congress and state legislatures have passed them anyway. One is the prohibition against ex post facto legislation. The court has needed to strike it down.
What law to punish a man for something that was not against the law when he did it is called?
An ex post facto law. Ex post facto laws are forbidden by the US Constitution, Article I, Section 9, Clause 3.
How does the US Supreme Court interpret ex post facto laws?
Ex post facto laws are specifically prohibited by the Constitution.
What effort of the Women's Christian Temperance Union eventually led to?
The many prohibition laws against drugs and alcohol and the criminal organisations that live off the criminal activity surrounding prohibition.
What efforts of the Women and Christian Temperance Union eventually led to?
The many prohibition laws against drugs and alcohol and the criminal organisations that live off the criminal activity surrounding prohibition.
What was the prohibition laws?
18th
What are 4 different types of ex post facto laws?
There is only one. It is set forth in the Constitution. Ex Post Facto Laws are prohibited.
Congress cannot pass laws that make actions illegal after they have been committed people cannot be punished for things that become illegal after they have done them such laws are called?
In the United States, Congress is forbidden of passing what is known as "Ex Post Facto Laws." The United States Supreme Court uses the case of Calder v. Bull in which they ruled that prohibition applied only to criminal, not civil cases to decide ex post facto challenges.
What did Texas rebel against Mexico?
Texas did rebel against Mexico, because Mexico passed 7 laws which did away with the many constitutional reforms.
Can Congress pass ex post facto laws?
No. Article I, Section 9, paragraph 3 of the Constitution prohibits Congress from passing ex post facto laws.
