Home  Opinion Retroactive immunity for the telecoms, is it constitutional?
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Retroactive immunity for the telecoms, is it constitutional? |
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Monday, 17 March 2008 |
Retroactive laws or ex post facto laws are addressed by the constitution in two separate clauses.
Article 1 section 9 of the United States Constitution states that
"No bill of attainder or ex post facto Law shall be passed."
Furthermore, Article 1 section 10 states that
"No state shall enter into any treaty, alliance, or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a tender in payment of debts; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility." Accordingly it would be unconstitutional for the United States Congress to pass a law that would a) criminalize conduct that was legal at the time of its origin or b) legalize conduct that was criminal at the time of its origin.
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