We will finish our conversation about Ex Post Facto laws and why substantive, versus procedural, rights are the main factor we review to determine if a law change is an ex post facto violation. We have a two prong test, and then (wait for it) a 7-factor test to roll through! Now, don’t skip out. We don’t review all 7, we merely discuss the factors which are most relevant to our cases at hand!
We are continuing our coverage of Article 1, Section 10 of the Michigan Constitution. Remember, there are technically three provisions which make up this one Section. Before, we covered Bills of Attainder. Now we’re going to address Ex Post Facto laws. These laws are prohibited because, by and large, the make actions criminal which were NOT criminal at the time they were committed. But the key to an actual ex post facto law entails 4 designations. We will talk about them and when laws are (but mostly aren’t) Ex Post Facto, thus unconstitutional.