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thoroughburro 8 hours ago

If it does in the future, do we just hope it won’t be retroactive? Is this water boiling yet?

dingnuts 8 hours ago | parent [-]

ex post facto law is explicitly banned in the US Constitution

Light_Hope 7 hours ago | parent | next [-]

For criminal concerns regarding retroactive ITAR additions, yes. However, significant civil financial penalties if congress so wished could still be constitutional as the ex post facto clause has been held to apply exclusively to criminal matters starting in Calder v. Bull [1].

[1] https://www.oyez.org/cases/1789-1850/3us386

CamperBob2 8 hours ago | parent | prev | next [-]

Dogs can't play basketball, either, but we've sure been getting dunked on a lot lately.

jondwillis 4 hours ago | parent [-]

History is littered with unconstitutional, enforced laws, as well. Watched a lot of Ken Burns docs this weekend while sick. “The West” has quite a few examples.

4 hours ago | parent | prev [-]
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