Twelve years ago the Supreme Court affirmed the longstanding principle that federal legislation should affect future rather than past actions, noting that "the presumption against retroactive legislation is deeply rooted in our jurisprudence, and embodies a legal doctrine centuries older than our Republic." (7) The Court noted that the Constitution itself prohibits at least some forms of retroactive action by the government, pointing to the Ex Post Facto Clause, the Contracts Clause, the Takings Clause, and the Bills of Attainder Clause as examples. (8) In addition to these express provisions, Congress is constrained by a judicially-created presumption that all laws will be interpreted to have only future effect unless the text of the statute explicitly states otherwise. (9) The Supreme Court remains active in clarifying--and perhaps modifying--this statutory presumption. (10)

Harvard Journal of Law & Public Policy

Publication Date: 22-MAR-07

Author: Weien, Geoffrey C.

Be well