Constitutional Opinion No. 2026-0753
Case Information
- Content Scored
- Calder v. Bull, 3 U.S. 386 (1798)
- Source
- Supreme Court of the United States, U.S. Reports Vol. 3 (3 Dallas)
- Author
- Justice Samuel Chase (lead); Iredell, Paterson, Cushing concurring seriatim
- Publication Date
- 1798-08-01
- Content Type
- Judicial Opinion / Legal-Normative Text
- Opinion Issued
- 2026-07-20
- AFCS Version
- 1.0
Holding
The Standard scores the enduring constitutional substance, which is threefold. First, the narrow holding: the Ex Post Facto Clause reaches only criminal/penal laws — Chase read the phrase by its original meaning (English attainders and pains-and-penalties) and fixed its four categories, so a retroactive civil law (Connecticut's new probate hearing) is not within the prohibition. That is faithful originalist textualism (Article XVII). Second, the case affirms judicial review — "the judiciary... may declare a statute to be void, as repugnant to the constitution" (Article XVII). Third, Chase announced robust limits on legislative power: an act "contrary to the great first principles of the social compact" is not rightful; a law "that takes property from A. and gives it to B." exceeds legislative authority — a powerful defense of vested property (Articles IX, XVIII), paired with a strong reserved-powers statement (Article XII). The honest wrinkle is internal to the Standard's originalism: Chase grounded limits partly in UNWRITTEN natural law, while Iredell answered that courts may void a law only for repugnancy to the WRITTEN constitution, not judges' sense of natural justice — and a text-first originalism sits at least as much with Iredell's discipline. The result also upheld the retroactive civil law that unsettled Calder's own vested decision, so the vested-rights principle is stated more grandly than the outcome delivered. Scored as Legal/Normative text (85/15). Tier 1 nets to 74; the result is 76 — Mostly America First. Principle scored, not result.
It is the judgment of this Court that Opinion No. 2026-0753 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.