Comments on: Before And After The Fact http://www.chrisweigant.com/2010/06/01/before-and-after-the-fact/ Reality-based political commentary Thu, 07 May 2026 04:19:28 +0000 http://wordpress.org/?v=2.9.1 hourly 1 By: Chris Weigant: Obama’s Pivotal Week | TechBlogger http://www.chrisweigant.com/2010/06/01/before-and-after-the-fact/#comment-9236 Chris Weigant: Obama’s Pivotal Week | TechBlogger Tue, 15 Jun 2010 03:12:47 +0000 http://www.chrisweigant.com/?p=2177#comment-9236 [...] obligated to set up such an escrow fund. Passing a law in Congress forcing them to do so would be blatantly unconstitutional, and would take too long in any [...] [...] obligated to set up such an escrow fund. Passing a law in Congress forcing them to do so would be blatantly unconstitutional, and would take too long in any [...]

]]> By: Chris Weigant: Obama’s Pivotal Week | GoodPorkBadPork.com http://www.chrisweigant.com/2010/06/01/before-and-after-the-fact/#comment-9231 Chris Weigant: Obama’s Pivotal Week | GoodPorkBadPork.com Tue, 15 Jun 2010 01:47:18 +0000 http://www.chrisweigant.com/?p=2177#comment-9231 [...] obligated to set up such an escrow fund. Passing a law in Congress forcing them to do so would be blatantly unconstitutional, and would take too long in any [...] [...] obligated to set up such an escrow fund. Passing a law in Congress forcing them to do so would be blatantly unconstitutional, and would take too long in any [...]

]]> By: ChrisWeigant.com » Obama's Pivotal Week http://www.chrisweigant.com/2010/06/01/before-and-after-the-fact/#comment-9230 ChrisWeigant.com » Obama's Pivotal Week Tue, 15 Jun 2010 00:45:59 +0000 http://www.chrisweigant.com/?p=2177#comment-9230 [...] Before And After The Fact [...] [...] Before And After The Fact [...]

]]> By: Michale http://www.chrisweigant.com/2010/06/01/before-and-after-the-fact/#comment-9104 Michale Thu, 03 Jun 2010 10:54:16 +0000 http://www.chrisweigant.com/?p=2177#comment-9104 Keep in mind as well that the ExPostFacto clause of the Constitution does NOT apply to civil cases. I believe this was discussed before, but I can't recall the context.. Regardless, this means that there is nothing stopping Congress from raising damage awards in civil cases and applying them retroactively. But, as DSWS points out, in the here and now any action by Congress can apply to future cases, even if they involve past transgressions. Michale..... Keep in mind as well that the ExPostFacto clause of the Constitution does NOT apply to civil cases.

I believe this was discussed before, but I can't recall the context..

Regardless, this means that there is nothing stopping Congress from raising damage awards in civil cases and applying them retroactively.

But, as DSWS points out, in the here and now any action by Congress can apply to future cases, even if they involve past transgressions.

Michale.....

]]> By: dsws http://www.chrisweigant.com/2010/06/01/before-and-after-the-fact/#comment-9100 dsws Thu, 03 Jun 2010 03:51:26 +0000 http://www.chrisweigant.com/?p=2177#comment-9100 Thank you for posting this. You're basically right, and as you say, a lot of people don't seem to get it at that basic level. However, if I understand correctly, Congress can make some changes that seem as though they might be ex-post-facto laws but aren't. They can change legal procedure, within the requirements of the various Constitutional amendments about it. That affects future legal action, not past ones, but it applies to cases that arise from events before the law was passed. They can change people's future obligations about dealing with the future effects of past events. I'm pretty sure there are some other loopholes for Congress in ex post facto, but I'm drawing a blank on them right now. The executive branch also has a lot of discretion under existing statute. The constitutional injunction against ex-post-facto laws doesn't forbid prosecutors from going after BP for maximum penalties on every i that wasn't dotted and every t that wasn't crossed in everything they've ever done, as far as the statute of limitations will allow. Thank you for posting this. You're basically right, and as you say, a lot of people don't seem to get it at that basic level.

However, if I understand correctly, Congress can make some changes that seem as though they might be ex-post-facto laws but aren't. They can change legal procedure, within the requirements of the various Constitutional amendments about it. That affects future legal action, not past ones, but it applies to cases that arise from events before the law was passed. They can change people's future obligations about dealing with the future effects of past events. I'm pretty sure there are some other loopholes for Congress in ex post facto, but I'm drawing a blank on them right now.

The executive branch also has a lot of discretion under existing statute. The constitutional injunction against ex-post-facto laws doesn't forbid prosecutors from going after BP for maximum penalties on every i that wasn't dotted and every t that wasn't crossed in everything they've ever done, as far as the statute of limitations will allow.

]]> By: Michale http://www.chrisweigant.com/2010/06/01/before-and-after-the-fact/#comment-9099 Michale Wed, 02 Jun 2010 21:50:20 +0000 http://www.chrisweigant.com/?p=2177#comment-9099 <I>How evil is BP? Well, they've murdered Spongebob.</I> Good for you, Ink! :D I see you have finally come around to my way of thinking... Fictional characters and events CAN reflect real life issues... Kudos... :D Michale..... How evil is BP? Well, they've murdered Spongebob.

Good for you, Ink! :D

I see you have finally come around to my way of thinking...

Fictional characters and events CAN reflect real life issues...

Kudos... :D

Michale.....

]]> By: Osborne Ink http://www.chrisweigant.com/2010/06/01/before-and-after-the-fact/#comment-9096 Osborne Ink Wed, 02 Jun 2010 08:16:51 +0000 http://www.chrisweigant.com/?p=2177#comment-9096 Chris, there was a time when corporations were not persons and didn't have human rights. Back in those buggy-whip days for which the right perpetually pines, corporations served a public charter that could be revoked. I say BP should lose this well. They only have it by government fiat anyway and have now lost all moral right to enjoy the fruits thereof. Every drop of recovered oil should go straight into the Strategic Reserve. How evil is BP? Well, <a href="http://www.youtube.com/watch?v=6HHEF2OYnR0" rel="nofollow">they've murdered Spongebob</a>. Chris, there was a time when corporations were not persons and didn't have human rights. Back in those buggy-whip days for which the right perpetually pines, corporations served a public charter that could be revoked.

I say BP should lose this well. They only have it by government fiat anyway and have now lost all moral right to enjoy the fruits thereof. Every drop of recovered oil should go straight into the Strategic Reserve.

How evil is BP? Well, they've murdered Spongebob.

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