The Ex Post Facto Clause: Its History and Role in a Punitive Society

The first comprehensive examination of the US Constitution's Ex Post Facto Clause, surveying its history and the critical role it can and should play in combatting the punitive tendencies of American legislatures.

The Ex Post Facto Clause, one of the few civil liberty protections found in the body of the US Constitution, reflects the Framers' acute concern over the tendency of legislatures to enact burdensome retroactive laws targeting unpopular individuals. Over time, a broad array of Ameri...