All Retroactive Laws Are Ex Post Facto
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Constitutional Law1
Example wrong choices
21453_v3 · CONSTITUTIONAL_LAW · Choice Aconstitutional, because handling federal procurements is a privilege, not a right.
Why it's attractive
The 'privilege vs. right' distinction is a real doctrine in some contexts, but labeling something a 'privilege' doesn't let the legislature impose a disability on mere group membership without individualized findings.
Why it's wrong
The 'privilege vs. right' distinction is a real doctrine in some contexts, but labeling something a 'privilege' doesn't let the legislature impose a disability on mere group membership without individualized findings.
21453_v3 · CONSTITUTIONAL_LAW · Choice Bconstitutional, because the federal government may protect the integrity of its procurement process by excluding persons whose views are inconsistent with federal statutory entitlements.
Why it's attractive
The statute doesn't ask about the member's views — it penalizes membership regardless of knowledge. A 'government interest' answer that addresses a different element than the statute's actual defect is not responsive.
Why it's wrong
The statute doesn't ask about the member's views — it penalizes membership regardless of knowledge. A 'government interest' answer that addresses a different element than the statute's actual defect is not responsive.
21453_v3 · CONSTITUTIONAL_LAW · Choice Dunconstitutional, because it is an ex post facto law.
Why it's attractive
The Ex Post Facto Clause applies only to criminal penalties. A job-eligibility bar is a civil disability, not a criminal punishment.
Why it's wrong
The Ex Post Facto Clause applies only to criminal penalties. A job-eligibility bar is a civil disability, not a criminal punishment.
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