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The ex post facto clause in the constitution (Article 1, Section 9, Clause 3) has been interpreted by the Supreme Court to only apply to legislation that would penalize past behavior in a criminal sense. As taxes aren't a criminal punishment, their retroactive application doesn't fall under this definition. The Congressional Research Service has published an ...


6

A retroactive tax increase is not a punishment An ex-post facto law is one that punishes someone for doing something the law makes illegal before the law was passed. Ex-post facto laws are unconstitutional because they infringe upon due process of law. Taxes are not a punishment under the law; everyone has to pay them. Because everyone has to pay them, there'...


3

All states are exclusionary. They all divide people into two groups; nationals and aliens (foreigners). The former group is included and the latter excluded. States treat people in these groups differently. For example, in the US, illegal immigrants are sometimes deported, they can't vote, and they don't enjoy the same protections the state extends to ...


2

Congress may "raise and support Armies". Note the plural. They could therefore create another army, separate from the first, with its own organization and budgets. This army specializes in the use of aircraft. It is still "an army": i.e. people trained and equipped to fight wars for their country. They may call it an "air force"...


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