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The Legislative Branch’s Prohibited Powers

2 十月, 2015 - 10:15

The legislative branch cannot punish defendants without a trial or enact retroactive criminal statutes pursuant to the Constitution’s prohibition against bill of attainder and ex post facto laws. Article 1, § 9, clause 3 states, in pertinent part, “No Bill of Attainder or ex post facto Law shall be passed.” The prohibition on bill of attainder and ex post facto laws is extended to the states in Article 1, § 10, clause 1: “No State shall…pass any Bill of Attainder, ex post facto Law.” Many state constitutions also prohibit ex post facto legislative action, mirroring the federal Constitution. 1