ex post facto law
A law that makes illegal an act that was legal when committed, increases the penalties for an infraction after it has been committed, or changes the rules of evidence to make conviction easier. The Constitution prohibits the making of ex post facto law. (See ex post facto (see also ex post facto).)
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Words nearby ex post facto law
What is an ex post facto law?
An ex post facto law is a law that changes the legal status or consequences of an action after it has already been done, especially a law that makes an action illegal after it has been committed.
Ex post facto is a Latin phrase that literally means “from a thing done afterward” and roughly translates to “after it is done” or “after the deed.” An ex post facto law, then, is a law that in some way affects an act committed before that specific law existed (typically by condemning or punishing it).
The legality of ex post facto laws varies by country, but they are typically seen as undesirable, due to their obvious unfairness. In the United States, ex post facto laws are specifically prohibited by the Constitution, and several other countries also prohibit them.
Why are ex post facto laws unconstitutional?
The thought of being punished for doing something that was made illegal after you did it sounds pretty silly (and scary). The founders of the United States were apparently thinking the same thing when they wrote the Constitution, which explicitly bans criminal laws from being passed ex post facto by either the federal government (Article 1, Section 9) or the state government (Article 1, Section 10).
While the phrase ex post facto law is first recorded around the time of the writing of the U.S. Constitution in the late 1780s, the (bad) idea of creating laws to retroactively punish citizens was debated at least as far back as Ancient Rome.
In legal terms, an ex post facto law is typically considered one that:
- makes a legal act illegal after it has already been performed;
- changes the punishment of a crime that has already been committed;
- or makes it easier to convict someone for a crime they allegedly committed before the law’s existence.
A law that makes chewing gum illegal and requires the arrest of every person who has ever chewed gum, even before the law existed, would be an example of an ex post facto law. Another example would be a law that changes the punishment for reckless driving to the death penalty and requires all currently imprisoned reckless drivers to be executed.
Ex post facto laws are widely seen as unjust and their use is associated with oppressive governments. Although ex post facto laws are often prohibited, some nations, such as the United Kingdom, don’t have any rules against them.
Did you know ... ?
Some of the Nazis convicted in the Nuremberg Trials argued (unsuccessfully) that the international laws they broke were ex post facto laws.
What are real-life examples for ex post facto law?
Click on the image to see the actual page of the Constitution that mentions ex post facto law.
It’s sometimes a matter of debate whether a law is an ex post facto law. In real life, it might not always be so obvious.
It’s the administrative equivalent of an ex post facto law (=with retroactive effect). It would be like congress passing a law against riding a bicycle then trying to prosecute people who rode bikes as kids (before it was illegal). Can’t do it. #AbuseOfGovernmentPower https://t.co/Vj9MzOs23a
— Glenn Kirschner (@glennkirschner2) September 29, 2019
Prediction: the Supreme Court will determine that a wealth tax is essentially a retroactive income tax and is therefore an impermissible ex post facto law. At least one liberal justice will support this ruling.
— Adam Kotsko (@adamkotsko) December 2, 2019
What are other words related to ex post facto law?
Congress passes a law making it illegal to live on Mars. Is this an ex post facto law?
Example sentences from the Web for ex post facto law
Unless there is a court decision that changes our law, we are OK.
Submission is set in a France seven years from now that is dominated by a Muslim president intent on imposing Islamic law.Houellebecq’s Incendiary Novel Imagines France With a Muslim President|Pierre Assouline|January 9, 2015|DAILY BEAST
A few days later, Bush replied, “We will uphold the law in Florida.”
To those who agreed with him, Bush pledged that the law against same-sex marriage would remain intact.
In Israel, however, a new law took effect January 1st that banned the use of underweight models.How Skinny Is Too Skinny? Israel Bans ‘Underweight’ Models|Carrie Arnold|January 8, 2015|DAILY BEAST
I waited three months more, in great impatience, then sent him back to the same post, to see if there might be a reply.The Boarded-Up House|Augusta Huiell Seaman
We should have to admit that the new law does little or nothing to relieve such a situation.Readings in Money and Banking|Chester Arthur Phillips
He that seeketh the law, shall be filled with it: and he that dealeth deceitfully, shall meet with a stumblingblock therein.The Bible, Douay-Rheims Version|Various
To Harrison and his wife there was no distinction between the executive and judicial branches of the law.The Bondboy|George W. (George Washington) Ogden
The expatriated ex-rebels became alarmed by the non-receipt of the indemnity instalment and the news from their homes.The Philippine Islands|John Foreman