A state legislature passes a law that criminalizes an activity which was legal at the time it was performed, and seeks to prosecute individuals based on their prior actions. This law is most likely:
Permitted under the state's police powers.
Contrary to the constitutional ban on ex post facto legislation.
An example of a bill of attainder.
A valid exercise of the legislature’s authority to define crimes.
The correct answer is that the law violates the prohibition on ex post facto laws. Ex post facto laws are unconstitutional because they impose new legal consequences on actions that were committed before the law was enacted, undermining fairness and legal certainty. The other options do not appropriately address the issue of applying new legal standards to past conduct.
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What are bills of attainder, and how do they differ from ex post facto laws?