Early constitutional theorists thought the Ex Post Facto clause applied to both civil and criminal matter. SCOTUS decided that the clause only applied to criminal matters in the case of Calder v. Bull. However, Congress cannot dress up an ex post facto law as civil matter and have it stand.
I know this sounds absurd but Michael Schiavo is going to argue that keeping Terri alive (against her wishes) is a form of punishment and thus the ex post facto problem persists.
Being a textualist myself, I'd like to see the Ex Post Facto clause apply to any act of Congress.
"I know this sounds absurd but Michael Schiavo is going to argue that keeping Terri alive (against her wishes) is a form of punishment and thus the ex post facto problem persists."
You sure about that? Doesn't Terri need to be convicted of something (besides being disabled) or at least in some stage of the criminal process? That sounds like a frivolous legal argument to me.