Posts Tagged ex post facto

SCOTUS empowers another ex post facto law

rippedThe Supreme Court ruled on May 17th, 2010, that federal officials can indefinitely hold inmates after their prison terms are complete. The high court in a 7-2 judgment reversed a lower court decision that said Congress overstepped its authority.

Ex post facto laws are explicitly forbidden to the federal government and the states by two separate and quite specific clauses in the constitution, the government’s authorizing document:

The federal government: “Section 9 – Limits on Congress – No … ex post facto Law shall be passed.”

The states: “Section 10 – Powers prohibited of States – No State shall … pass any … ex post facto Law”

You may be asking, “What is an ex post facto law?” The legal definition is given by Calder v Bull (3 US 386 [1798]), in the opinion of Justice Chase, which defines four ways laws must fail as ex being post facto:
Read the rest of this entry »

Tags: , , , , , , ,

Man fights federal "sex offender" list registration

Here’s the story.

Both the feds and the states are prohibited from creating ex post facto law.

Adding to someone’s punishment post-conviction is explicitly ex post facto.

This is why Ohio reasons that this particular person should not have to register. They understand the constitution, and their registration law is constructed to obey it.

However, the supreme court has ruled that registration is “not punishment” (which is sophist, ridiculous and absurd, but regardless, that’s what they said.)

Consequently, any state or the feds can register anyone, for anything, pre- or post-conviction, guilty or not. Another example of just this kind of misuse of power is the no-fly list. They make the list, decide you belong on it, bingo, you’re on it, and you have no recourse.

Read the rest of this entry »

Tags: , , , , , , , , , ,