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Final answer:
An ex post facto law is a law which criminalizes an activity retroactively, essentially punishing someone for an act that was legal when conducted. These laws are prohibited by the U.S. Constitution, but can be utilized by authoritarian systems to repress opposition.
Explanation:
An ex post facto law is option D: a law that would criminalize an act retroactively. This is from the Latin phrase 'ex post facto', which translates to 'after the fact'. An ex post facto law essentially allows for individuals to be punished for crimes based on laws that weren't in effect when those actions were conducted. For example, if the speed limit on a particular road was 40 miles per hour and you drove within this limit, but later the law was changed to 25 miles per hour, you can't be retroactively penalized for your prior driving under an ex post facto law.
Article I, Sections 9 and 10 of the U.S. Constitution, as well as other additional amendments, place restrictions on federal and state authority, specifically limiting measures that can deny personal freedom. This includes the prohibition of ex post facto laws.
Ex post facto laws are often utilized in authoritarian rule-by-law systems to prosecute and detain opposition indefinitely. Despite this, it's crucial to remember that in most democratic and rule-of-law systems, the implementation of ex post facto laws is typically considered unconstitutional.
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