Constitutional Law

Question 1

How are laws analyzed under the Ex Post Facto Clauses?

Answer 1

The Ex Post Facto Clauses in the Constitution prevent both the state and federal governments from passing retroactive criminal laws. In general, a statute violates the Ex Post Facto Clause if it: (1) makes criminal an act that was not a crime when committed; (2) prescribes greater punishment for a crime after its commission;
(3) decreases the amount of evidence required for conviction; or (4) extends the statute of limitations for a crime as to which the previously applicable statute of limitations has already expired. Automatically escalating the charge of future criminal acts to a higher level does not run afoul of the Ex Post Facto Clause.

Question 2

When legislation is neutral on its face regarding religious freedoms, what test will the court apply?

Answer 2

The court will apply the Lemon test:

(1) the statute must have a secular legislative purpose;
(2) the principal or primary effect or purpose must neither advance nor inhibit religion; and
(3) the statute must not foster an excessive government entanglement with religion.