[ROTMetro]

TLDR: You have no rights in America other than the ones you can afford to pay a lawyer to force to be enforced.

Dude, as someone in the system, ex post facto happens all the time. In my case I can challenge it, but if I get slapped with lets say a completely 'theoretical' $5000 ex post facto "fine" it's going to cost more in lawyers to challenge, plus piss off my judge/PO for wasting time. As someone who can't get a job due to my record and can't afford a lawyer I have 'access' to the court for remedy, but I don't have access to a lawyer for remedy. The Constitution and our government are two different things.

If something gets ruled unconstitutional, that doesn't suddenly free prisoners in the USA. Each prisoner needs to then challenge their conviction in court, and get past the high procedural bar (as a Fed prisoner, do you submit to the circuit in which you are now unconstitutionally imprisoned, or the circuit that convicted you unconstitutionally? Depends on the argument you are making, either could be right or wrong. Pick the wrong one and you waste three months minimum (so much for speeding trial, that only applies to your initial trial according the the supreme court) for the court to come back and say 'they don't have jurisdiction'. Not forward to the correct court, just denied for lack of jurisdiction. For you challenging something already found unconstitutional that should just be immediate release upon Supreme Court ruling. And don't forget, you have a time limit to challenge something found unconstitutional. You took too long? To bad, you're now stuck in prison for something found unconstitutional because you didn't understand your rights and navigate the bar placed in the form of the court system in a timely), nevermind hurdles placed in prison (mailroom only open from this time to this time, mail room not certifying your mail or 'losing' it, law library copyers broken, commissary 'out' of law library typewriter ribbons for sale), etc. If the Constitution was law, those people held unconstitutionally would be released upon Supreme Court findings. The fact they aren't and can be kept in prison for 'taking to long' to challenge their Supreme Court determined unconstitutional conviction shows the Constitution is just a 'guideline' in the USA.

[ROTMetro]

Caveat needed here: This does not apply if you took a plea for lesser time instead of accepting the 'trial tax' (which normally quadrupoles your sentence from say 2-7 years to 20-40) which removes your constitutional right as you agree "not to make any collateral attacks on your sentence" in the plea agreement in addition to your right to trial. (Yes the higher courts will probably override this but most guys give up when the district rejects them. It's scary as hell challenging the prosecutor/judge on your own from prison, dealing with the harassment from the mailroom cops, one out of maybe every 4 months being able to buy new typewriter ribbons in commissary, copiers down, high copier fees. The entire process is designed to discourage you from pursuing your rights.)

The system shouldn't work like insurance claim submissions that if you fight long enough/hard enough or can pay someone to fight for you ultimately grudgingly your constitutional rights are recognized. Remember, China's constitution includes democracy and free speech too, but just like our rights they enacted 'reasonable rules that happen to be barriers to those rights as an unfortunate side effect'.

[josephcsible]

> ex post facto happens all the time

Can you give an example of one such time?

[ROTMetro]

I did above. Fees/assessments that were not part of your sentence get added/imposed after the fact. The sentencing guidelines get changed AFTER what you are sentenced for occured, yet you are sentenced to the 'new' sentencing guidelines sentence, not the sentence that was called for at the time of your offense. There is a whole legal class called 'collateral consequences' that are punishments it would be inconvenient to be called punishments. They are instead 'collateral consequences' that don't fall under ex post facto and are then 'legal' to apply after the fact. Imagine that, an entire type of punishment defined as not a punishment to skirt the Constitution. The courts don't see the constitution as their guiding principle, but as bugs to try find workarounds for.

[josephcsible]

I meant a real-life example, e.g., a news article of it really happening to someone or a court decision that upheld it.