Question 1 of 20 · Principles of American constitutional democracy
Limits on Government Power
Excerpt 1: Massachusetts Constitution (1780), Part the First, Article XXX
(1) "In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men."
Excerpt 2: U.S. Constitution (1787), Article I
(2) Section 7: "All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills."
(3) Section 8: "The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises,…"
(4) Section 9: "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."
(5) Section 9: "No Bill of Attainder or ex post facto Law shall be passed."
Word help: commonwealth = state; to the end = so that; revenue = money the government collects; originate = start; concur = agree; duties, imposts, excises = kinds of taxes; writ of habeas corpus = a court order requiring officials to bring a jailed person before a judge and show a lawful reason for holding him or her; bill of attainder = a law that declares a person guilty and punishes him or her without a trial; ex post facto law = a law that punishes an act that was legal when it was done.
In March 2026, Congress passes a law making it a federal crime to post advertising signs on mailboxes. Prosecutors then charge a man for signs he posted in 2025, when posting them was legal.
Which part of Excerpt 2 does this prosecution violate, and why?
Hint
Check the word help for ex post facto law.
Step-by-step solution
Where the answer is: Paragraph 5 (Article I, Section 9): "No Bill of Attainder or ex post facto Law shall be passed." The word help defines an ex post facto law as "a law that punishes an act that was legal when it was done."
Reasoning:
- The man posted signs in 2025, when it was legal. The law was passed in 2026. Punishing him for the earlier act punishes an act that was legal when done, which is exactly an ex post facto law.
- A bill of attainder declares a specific person guilty without a trial. Here prosecutors charged him, and he would still get a trial.
- Habeas corpus concerns being held in jail without a lawful reason shown to a judge. The scenario says nothing about unlawful detention.
- The revenue clause is about tax bills, not crimes.
(The Constitution also bars the states from passing ex post facto laws, in Article I, Section 10.)
Answer: The ban on ex post facto laws, because the man is being punished for an act that was legal when he did it.
Tip: Compare the dates in a scenario. If the act came before the law, think ex post facto.