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Ex post facto law - Wikipedia, the free encyclopedia
An ex post facto law (from the Latin for "after the fact") or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relatio...
en.wikipedia.org/wiki/Ex_post_facto_law |
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Latin for "from a thing done afterward." Ex post facto is most typically used to refer to a criminal law that applies retroactively, thereby criminalizing conduct that was legal when originally performed. Two clauses in the US Constitution prohibit ex post facto laws: Art 1, § 9 and Art.
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In U.S. Constitutional Law, the definition of what is ex post facto is more limited. The first definition of what exactly constitutes an ex post facto law is found in Calder v Bull (3 US 386 [1798]), in the opinion of Justice Chase:
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I'm not a fan of telecon immunity, but it's not an ex post facto law in the Constitutional sense. ... And in this instance, the law basically says "no suits can be brought against telecoms." Because the law says no suit can be brought, no court will accept a case, which means the law itself can never get examined.
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Art I, Sec 9, Clause 3 of the United States Constitution says, "No Bill of Attainder or ex post facto Law shall be passed." This is a restriction upon the Congress not affected by any existing amendment.
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I agree that the ex post facto clause doesn't apply because it only applies to attempts to criminalize past behavior. ... A pardon is where the person (or company) has been found guilty, but is excused (pardoned). Immunity is different. It means that the party cannot be charged or sued for a certain act (or even at all,
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