The simple answer to Mr. Adams' question is that the ex post facto provision applies only to criminal, not civil law. Thus, the government cannot impose a longer prison sentence ex post facto, but it can raise (and lower) taxes ex post facto. Harold S. Forsythe ----- Original Message ----- From: "John Philip Adams" <[log in to unmask]> To: <[log in to unmask]> Sent: Friday, February 23, 2007 11:30 PM Subject: Re: The Constitution > SAME ARTICLE next line down. > "No bill of attainder or ex post facto Law shall be passed." > Why isn't everyone paying attention to this, especially as it relates to > so > many Tax matters. > JPAdams > > Article One, Section Nine, The United States Constitution: > > "The privilege of the writ of Habeus Corpus shall not be > suspended, unless when in cases of Rebellion or Invasion the > public safety shall require it." > > As a number of folks have noted earlier, Lincoln had adequate > constitutional cause and mandate to suspend the writ, and the > courts upheld his action. The issue in Ex Parte Milligan had > nothing to do with Habeus Corpus, but rather with whether or > not a military court could legitimately try Milligan, when > there was a functioning civil court available to the > government. In the Milligan decision the Court went out of > its way to affirm the legitimate right of the President to > suspend the writ, and to clarify that in its decision, the > Court had no intention to suggest that Lincoln had behaved > improperly in doing so. Lincoln could quite legitmately > detain Milligan indefinitley without bringing him to > trial--but if Lincoln's government *did* choose to bring him > to trial, they had to do so in a civilian court, if a > functioning civilian court was available to them. > > The case is widely available, and anyone inclinded to disagree > with my interpretation above should first read it for > themselves. I am working from the redacted version in > Hammond, Hardwick, and Lubert, CLASSICS OF AMERICAN POLITICAL > AND CONSTITUTIONAL THOUGHT, (Hackett Press, 2007), Volume One, > p. 1168. You can find the paragraphs relevant to Habeus > Corpus on the left hand column of that page. > > Not that I am going to plug my own work, or anything :) > > at http://listlva.lib.va.us/archives/va-hist.html > > To subscribe, change options, or unsubscribe, please see the instructions > at http://listlva.lib.va.us/archives/va-hist.html To subscribe, change options, or unsubscribe, please see the instructions at http://listlva.lib.va.us/archives/va-hist.html