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by toddmatthews 4465 days ago
>what you did legally today may be illegal

In the United States, the Congress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution.

2 comments

  *In the United States, the Congress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution.*
I don't know if you've noticed, but folks in Washington don't give a fuck about the Constitution any longer.
But if that hypothetical law were passed by Congress, people sued under that law would argue that the law was unconstitutional, and any competent court would agree, acquit the person, and strike down the law.
The problem is that laws and clauses of the constitution only provide protection if there is political will to allow it to do so.

The second that the people in power have no actual political will to follow them, the fact that laws exist provides no protection.

Even if there were no political will, the judiciary could enforce the protection, for eg by striking down unconstitutional laws.