by John Marshall Harlan

“ If long after the commission of a crime, and long after the offender has suffered all the punishment prescribed at the time for its commission, a statute should, by its own force, and solely because of his conviction of that offense, take from him the right to further pursue his profession, would not such a statute inflict upon him a greater punishment than was annexed to the crime when committed, and alter the situation to his disadvantage, 'in relation to the offense or its consequences?' In my opinion, this question should receive an affirmative answer. ”

“ Its design is to deprive convicted felons of the right of practicing at all. Clearly, it acts directly upon and enhancest he punishment of the antecedently committed offense by depriving the person of his property and right, and preventing his earning his livelihood in his profession, only because of his past, and, in this case, expiated, offense against the criminal law. The prisoner has committed no new crime except that which the statute has created out of the old. He had absolutely the right to practice medicine the day before that statute was passed. ”

“ Justice Washington said 'that an ex post facto law is one which, in its operation, makes that criminal which was not so at the time the action was performed, or which increases the punishment, or, in short, which in relation to the offense, or its consequences, alters the situation of a party to his disadvantage.' And so it was held in Kring v. ”