Constitutional Law Flashcards
How are laws analyzed under the Ex Post Facto Clauses?
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.
When legislation is neutral on its face regarding religious freedoms, what test will the court apply?
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.
