The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
An act of Congress which prescribed as a qualification for practice
before the federal courts an oath that the attorney had not participated
in the Rebellion was found unconstitutional since it operated as a
punishment for past acts.[1477] But a statute which denied to
polygamists the right to vote in a territorial election, was upheld even
as applied to a person who had not practiced polygamy since the act was
passed, because the law did not operate as an additional penalty for the
offense of polygamy but merely defined it as a disqualification of a
voter.[1478] A deportation law authorizing the Secretary of Labor to
expel aliens for criminal acts committed before its passage is not _ex
post facto_ since deportation is not a punishment.[1479] Likewise an act
permitting the cancellation of naturalization certificates obtained by
fraud prior to the passage of the law was held not to impose a
punishment but simply to deprive the alien of his ill-gotten
privileges.[1480]
Change in Place or Mode of Trial
A change of the place of trial of an alleged offense after its
commission, is not an _ex post facto_ law. If no place of trial was
provided when the offense was committed, Congress may designate the
place of trial thereafter.[1481] A law which alters the rule of evidence
to permit a person to be convicted upon less or different evidence than
was required when the offense was committed is invalid,[1482] but a
statute which simply enlarges the class of persons who may be competent
to testify in criminal cases is not _ex post facto_ as applied to a
prosecution for a crime committed prior to its passage.[1483]
Clause 4. No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration herein before directed to be
taken.
DIRECT TAXES
The Hylton Case
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