Constitutional Limitations

Constitutional Limitations
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Institution

Constitutional Limitations
One of the constitutional limitations in the United States Constitution is against the making of ex-post facto laws. Ex post facto is a Latin phrase that means a thing done after the fact, or a thing done afterwards. This phrase means that an act is made a crime after it was committed, although it was legal during the commission or omission (Garner, 2004). The ex-post facto clause in the constitution, Article 1, Section 9 and 10, clause 1 prohibits Congress and the states from passing any laws which apply to ex-post facto laws. The provision limits the retroactive aspect of the concept of ex-post facto laws.
The main reason for limiting such laws is because they go against the application of the rule of law. As held in Beazel v Ohio U.S 167 (1925), such laws make it hard for those convicted to gain enough defense as they decrease the amount of evidence in the discretion of the accused, they increase the severity of the punishments for the crimes committed, and they punish crimes which were initially legal when they were committed (LII Staff, 2017).
Ex post facto laws have more disadvantages as compared to the advantages. Therefore, their limitation is justifiable. Such laws, when enforced, might cause unfairness and promote corruption. Most people who have acted variously in the past might be convicted when the acts become illegal. This would go against the principles of application of the rule of law.

However, on the other hand, in an unlikely situation where a morally wrong action has not yet been criminalized, many people would get away with such crimes.
Limiting criminal law in such a way is consistent with the biblical worldview since the Constitution and the foundations of the rule of law flow from natural justice. Promotion of fairness is critical in every case, and ex-post facto laws seem to be inconsistent with promoting equality and justice.
References
Garner, B. A. (2004). Black’s law dictionary.
LII Staff. (2017, December 22). Ex Post Facto. Retrieved from https://www.law.cornell.edu/wex/ex_post_facto