The ex post facto clause applies to criminal cases.Reader comment on: Obama EPA Chief To Headline Fundraiser Submitted by Lyle (United States), May 26, 2010 00:13 In the BP case we are talking civil liability not criminal for the damages, so the ex post facto clause would not apply, (as the supreme court defines it in a case from 1798 i.e. pre John Marshall). Note: Comments are moderated by the editor and are subject to editing. The Future of Capitalism replies: Right you are about that, but I'm not sure I agree with the Supreme Court's interpretation there. And even if the Constitution allows it, the principle is there. Other reader comments on this item
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