4 ms·
Aren't retroactive laws a thing?
by cheerlessbog 6y ago
Aren't retroactive laws a thing?
- brianwawok 6y agoLike wearing white shirts is illegal, effective 2001? So anyone you can prove wore a white shirt 2001-2020 is going to jail? That would be pretty stupid.
- cheerlessbog 6y agoIt's possible in some jurisdictions although as you say they can very easily be unjust. https://en.m.wikipedia.org/wiki/Ex_post_facto_law https://en.m.wikipedia.org/wiki/Ex_post_facto_law
- arkis22 6y agoCongress is prohibited from passing ex post facto laws by clause 3 of Article I, Section 9 of the United States Constitution.
- deleted 6y ago[deleted]
- adrr 6y agoThat only applies to criminal matters and only in terms of punishment. Congress could decriminalize drugs and make it retroactive for people who have yet to be convicted or charged.
- mcny 6y agoSorry for stupid question but I'd imagine this ruling means the State of Oklahoma (and therefore all counties and cities/towns in Oklahoma) never had the authority to bring criminal cases against those Native Americans in tribal lands? Would action of Congress mean any such criminal convictions stand? If yes, would that be a violation of the Constitution of the United States?
- lwf 6y agoIn the context of this case, which was over a criminal matter, they cannot pass a retroactive law. ("ex post facto") For civil matters, yes, with a bunch of asterisks: https://www.law.cornell.edu/constitution-conan/article-1/section-9/clause-3/ex-post-facto-laws https://www.law.cornell.edu/constitution-conan/article-1/sec...
- williesleg 6y agoSure they are, so is ignoring the law. Just look at Hillary and Obama.