U.S. Constitution · Article I, Section 9, Clause 3

Bill of Attainder Clause; Ex Post Facto Clause

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Also known as: Bill of Attainder Clause · Ex Post Facto Clause

Live in the VFA record

Cited in 4 grades this month.

5 public items cite this provision · 4 in October 2026 (last month: 0)

Week of 2026-08-03: 0Week of 2026-08-10: 0Week of 2026-08-17: 0Week of 2026-08-24: 0Week of 2026-08-31: 0Week of 2026-09-07: 0Week of 2026-09-14: 0Week of 2026-09-21: 0Week of 2026-09-28: 0Week of 2026-10-05: 3Week of 2026-10-12: 1Week of 2026-10-19: 0

Citations per week, last 12 weeks

The text

No Bill of Attainder or ex post facto Law shall be passed.

National Archives transcription (public domain; original spelling and capitalization). archives.gov

SI explainer

An explainer for this provision is in the queue. It appears here once it passes the SI Editorial Standard’s automated checks. The text, founding-era sources and live citations below are complete.

In the founders’ words

  • “The establishment of the writ of habeas corpus, the prohibition of ex-post-facto laws, and of TITLES OF NOBILITY, TO WHICH WE HAVE NO CORRESPONDING PROVISION IN OUR CONSTITUTION, are perhaps greater securities to liberty and republicanism than any it contains.” Alexander Hamilton, The Federalist No. 84 (1788-05-28)
  • “Bills of attainder, ex-post-facto laws, and laws impairing the obligation of contracts, are contrary to the first principles of the social compact, and to every principle of sound legislation.” James Madison, The Federalist No. 44 (1788-01-25)

Public-domain primary sources, quoted word for word and checked against the linked text.

Leading Supreme Court cases

Cited in the VFA record

“Where this provision is cited”

grades (4)

roll-call votes (1)

Roll-call votes are listed when the measure voted on has a current Constitution Index grade citing this provision. Counts include only published items.

Cite this page

Values for America Constitution Explorer, https://www.valuesforamerica.com/constitution (text: National Archives transcription, public domain), Article I, Section 9, Clause 3, https://www.valuesforamerica.com/constitution/article-1/section-9/clause-3

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