Massachusetts Constitution, Articles 18. Ex post facto laws
Massachusetts Constitution – Article XVIII (Declaration of Rights): Ex Post Facto Laws
📜 Full Text (Massachusetts Declaration of Rights, Article XVIII):
"No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall be passed."
🔍 Explanation & Key Points:
🚫 Ex Post Facto Laws:
An ex post facto law retroactively changes the legal consequences of actions that were committed before the enactment of the law.
This article prohibits the passage of such laws, meaning:
You cannot be punished for something that was legal when you did it, even if it is later made illegal.
Penalties for crimes cannot be increased retroactively.
Legal protections cannot be reduced after the fact.
🚫 Bills of Attainder:
A bill of attainder is a law that declares a person or group guilty without a trial.
Article XVIII forbids such laws, protecting due process rights.
🚫 Laws Impairing Contracts:
The state is also prohibited from passing laws that would impair the obligation of contracts — meaning, it can't interfere with lawful agreements retroactively.
⚖️ Why It Matters:
These protections are crucial for legal fairness and predictability.
They prevent the government from using its power to target individuals or groups unjustly.
Article XVIII echoes similar protections found in the U.S. Constitution (Article I, Sections 9 & 10).
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