United States Founding Dictionary

ex post facto

1776 Definition:

In law, done after another thing. An estate granted may be made good by matter ex post facto, which was not good at first.

An ex post facto law, in criminal cases, consists in declaring an act penal or criminal, which was innocent when done; or in raising the grade of an offense, making it greater than it was when committed, or increasing the punishment after the commission of the offense; or in altering the rules of evidence, so as to allow different or less evidence to convict the offender, than was required when the offense was committed. Sergeant.

An ex post facto law is one that renders an act punishable in a manner in which it was not punishable at the time is was committed. Cranch, Reports

This definition is distinguished for its comprehensive brevity and precision. Kent's Commentaries.

In a free government, no person can be subjected to punishment by an ex post facto law.

Modern Definition:

(Latin: "After the fact.") Such laws, which make criminal an action performed prior to passage of the law, are prohibited by the U.S. Constitution.

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