Re: Does US Constitution SPECIFICALLY PROHBITS the passing of retroactive laws

[David Farber <dave () farber net>]

________________________________________
From: Lin, Herb [HLin () nas edu]
Sent: Sunday, February 17, 2008 6:03 PM
To: David Farber; ip
Cc: gep2 () terabites com
Subject: RE: [IP] Does US Constitution SPECIFICALLY PROHBITS the passing of retroactive laws

 Not exactly.

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:

1st. Every law that makes an action done before the passing of the law,
and which was innocent when done, criminal; and punishes such action.
2d. Every law that aggravates a crime, or makes it greater than it was,
when committed.
3d. Every law that changes the punishment, and inflicts a greater
punishment, than the law annexed to the crime, when committed.
4th. Every law that alters the legal rules of evidence, and receives
less, or different, testimony, than the law required at the time of the
commission of the offense, in order to convict the offender.

In short, you can't do something retroactively if the result is to
INCREASE the negative consequences of a past action - it is permitted to
do something to decrease it.

herb

-----Original Message-----
From: David Farber [mailto:dave () farber net]
Sent: Sunday, February 17, 2008 3:09 PM
To: ip
Subject: [IP] Does US Constitution SPECIFICALLY PROHBITS the passing of
retroactive laws


________________________________________
From: Gordon Peterson [gep2 () terabites com]
Sent: Sunday, February 17, 2008 2:34 PM
To: David Farber
Subject: Re: [IP] Re:     BEST LAW MONAY CAN BUY --  Senate votes
Telecom immunity

A recent post I read on the subject pointed out that the US Constitution
SPECIFICALLY PROHBITS the passing of retroactive laws... which means
that for the pResident to press for, or for Congress to pass, such
legislation would be a dereliction of their duty and their sworn oath of
office... and thus, in fact, itself (another!) impeachable offense.

--

Gordon Peterson II
http://personal.terabites.com
1977-2007:  Thirty year anniversary of local area networking

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