Article 1, Section 10 of the Constitution says, “No State… shall pass any…ex post facto law.” Unconcerned with such trivialities, the Demonrats in Massachusetts are considering passing a law to return to the governor the power to appoint a replacement in the event of a vacancy such as that created by the death of Sen. Kennedy. Of course, when Mitt Romney, a Republican, was governor, and it looked as though Sen. Kerry might become President, the legislature took that power away from the governor. But now thet the demonrats’ political agenda might be jeopardized by waiting for an election (Are they too incompetent in Massachusetts to put together a special election in a month or two?)
Well, the demonrats didn’t give a damn about the election laws in New Jersey when the Torch was losing his re-election and they replaced him with the Lout, so why should they give a damn about the Constitution now? They never have before.
I fail to see how this would be an ex post facto law? I thought ex post facto laws pertained primarily to penal law. Please explain.
The Constitution makes no such distinction regarding ex post facto laws. In fact, it is quite clear by the use of the word “any” that no such distinction is made.
Now, the vacancy exists now, and by current Massacusetts law, that vacancy must be filled through a special election. Any change in the law cannot change how a pre-existing vacancy is filled any more than a change in their laws allowing gay marriage can invalidate marriages made under the current law.
I’m not sure your interpretation is right. usually ex poste facto is brought up in the context of an event that happened at a point in time. so, if I drive down a road going 55 on monday, and they change the speed limit to 25 on tuesday, they can’t issue me a ticket on wednesday. BASICALLY it’s like this:
10 print “Is seat vacant? Y/N”
20 input “vacant”
30 If vacant=y, goto 40
40 special election
end
As is often the case SP, your logic won’t work…
Sounds like Chicago-style programming – the result is always the same, no matter what the user inputs.
But that aside, I’m not sure I see any practical difference between your viewpoints – the law, as it existed at the point in time when it became applicable, (when the seat became “vacant”) is what applies. Any future changes to the law will only be applied when that circumstance occurs again – that is, from the time it takes effect, forward.
Not that in the end, it’s gonna make much difference – I expect the Dems to find a pet rock named “Kennedy”, and the people of Massachusetts will elect it.
Did anyone read the Left Behind series? See any
Parallels?
To Obama, Hello World Regime
Goodbye Constitution…our Military..
Remarks of President Barack Obama
Hradčany Square
Prague, Czech Republic
April 5, 2009
http://prague.usembassy.gov/obama.html
This provocation underscores the need for action – not just this afternoon at the UN Security Council, but in our determination to prevent the spread of these weapons. Rules must be binding. Violations must be punished. Words must mean something. The world must stand together to prevent the spread of these weapons. Now is the time for a strong international response. North Korea must know that the path to security and respect will never come through threats and illegal weapons. AND ALL NATIONS MUST COME TOGETHER TO BUILD A STRONGER, GLOBAL REGIME.