[xzins]

The upcharge could be said to fall under your 3rd item: “3d. Every law that changes the punishment, and inflicts a greater punishment, than the law annexed to the crime, when committed. “

Is that what you would argue?

[Cboldt]

The upcharge does not fall under 3d, because no punishment is involved. I'd still argue it is an ex post facto impostion of fees, and thta if the fees had been known in advance, I would not have started the process.

Courts work from the outcome backwards. There is enough precendent on both sides of the fence that it is trivial to choose the precedents that fit the selected outcome.