Ex Post Facto
Netflix Class-action lawsuit settlement - redtape.msnbc.com
This is from an MSNBC-sponsored blog, in regards to the class-action suit settlement against Netflix. Read it for the background, then come back here for a comment on a little-known Constitutional provision.
Bob Sullivan, at the end, kind-of complains that "...the law [placing restrictions on class-action suits], however, was not retroactive and has no impact on the current Netflix case." Well, he doesn't really complain--he just points this out. Now I know a lot of people WOULD complain about this, thinking it's unfair; because the lawyers involved in the settlement get $2.5 million, while the plaintiffs (Netflix customers) just get a "coupon" for a one-month upgrade to their service.
Why oh why didn't Congress make the law retroactive?
Because they can't. In the US Constitution, Article I, Section 9, it says that "...No Bill of Attainder or ex post facto Law shall be passed." The definition of "ex post facto" (literally translated as "after the fact") is: "Formulated, enacted, or operating retroactively." Therefore, even if Congress wanted to, they cannot make this new law retroactive.
Just thought I'd share this little bit of knowledge with you all, because knowledge is power.
This is from an MSNBC-sponsored blog, in regards to the class-action suit settlement against Netflix. Read it for the background, then come back here for a comment on a little-known Constitutional provision.
Bob Sullivan, at the end, kind-of complains that "...the law [placing restrictions on class-action suits], however, was not retroactive and has no impact on the current Netflix case." Well, he doesn't really complain--he just points this out. Now I know a lot of people WOULD complain about this, thinking it's unfair; because the lawyers involved in the settlement get $2.5 million, while the plaintiffs (Netflix customers) just get a "coupon" for a one-month upgrade to their service.
Why oh why didn't Congress make the law retroactive?
Because they can't. In the US Constitution, Article I, Section 9, it says that "...No Bill of Attainder or ex post facto Law shall be passed." The definition of "ex post facto" (literally translated as "after the fact") is: "Formulated, enacted, or operating retroactively." Therefore, even if Congress wanted to, they cannot make this new law retroactive.
Just thought I'd share this little bit of knowledge with you all, because knowledge is power.
posted by xanadian at 9:00 AM
1 Comments:
I knew you would mention this.
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