A state legislature passes a law retroactively increasing the penalty for violation of a specific environmental regulation committed prior to the law’s enactment. A company that was fined under the regulation before the new law’s passage challenges the law as unconstitutional. Which legal principle is most relevant to assessing the constitutionality of the statute?
The correct answer is 'Ex post facto law' because increasing the penalty for a crime or offense after it has already been committed violates the constitutional prohibition on ex post facto laws. The ex post facto clause ensures that individuals and entities are not subjected to retroactive criminal or penal laws, a protection essential to due process. The 'bill of attainder' is incorrect because it relates to legislative acts imposing punishment without a judicial trial, which is not applicable here. 'Statutory preemption' relates to conflicts between state and federal laws, and 'procedural due process' does not address retroactive changes to laws but focuses on fairness in legal proceedings.
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What is the difference between an ex post facto law and a bill of attainder?