Which of these actions is forbidden by the Constitution?
A creating a law ex post facto
B borrowing money from the government
C passing “necessary and proper” laws
D regulating trade with foreign countries
The correct answer and explanation is :
The correct answer is A: creating a law ex post facto.
An ex post facto law is one that retroactively changes the legal consequences of actions that were committed before the law was passed. Such laws can either criminalize actions that were legal at the time they were committed or increase the punishment for crimes after the fact. The U.S. Constitution specifically prohibits this type of legislation.
The prohibition against ex post facto laws is found in Article I, Section 9, which states that “No Bill of Attainder or ex post facto Law shall be passed.” This means that Congress is forbidden from passing laws that would apply retroactively to criminalize or increase the punishment for an act that was committed before the law was enacted.
The reasoning behind this prohibition is grounded in the principle of fairness and the rule of law. If individuals were subject to laws that were enacted after the fact, they would be unable to know in advance what conduct was considered criminal, leading to unjust consequences. The framers of the Constitution believed that such laws would undermine the rule of law and fairness in the legal system.
Now, let’s briefly review the other options:
- B: Borrowing money from the government: This action is not prohibited by the Constitution. In fact, the Constitution grants the federal government the authority to borrow money through Article I, Section 8, under the power to “borrow Money on the credit of the United States.”
- C: Passing ‘necessary and proper’ laws: This is allowed by the Constitution. The Necessary and Proper Clause in Article I, Section 8 grants Congress the power to make all laws that are necessary and proper to carry out its other powers.
- D: Regulating trade with foreign countries: This is also permitted by the Constitution, under the Commerce Clause in Article I, Section 8, which grants Congress the power to regulate commerce with foreign nations.
Thus, the only action forbidden by the Constitution in this set is creating a law ex post facto.