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Julius and Ethel Rosenberg — Part 2
Page 58
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long-drawn proceedings. The sole ground stated was that the
sentence may be governed by the Atomtc Energy Act of August 1,
1946, tnstead of the earlier Paptonage dot. The orine here”
_ tnvelved wae connenced June o 1944, Thte ‘wae more than two
| years besere the Atonte Prergy Act was passed. All overt acts
pertatning te etomto energy on which the Government reltes
took place as early cs Jonuary, 1945. fhe Conetitutton, ~
_Arttele TI, Sectton 9, proktbite passage of any ex post facto
Act. If Congress had tried tn 1945 te make transactions of
1944 and 1945 offenses, we would have been obliged to aet
such an Act aside. To open the door to retroactive eriminal *
etatutes would rightly be regarded as @ moat serious blow to
one of the etutl liberties protected by our Constitution. Yet
the sole ground of thta atay ts that the Atomic Energy Act
may have retrospecttve application to consptractes tn whitch
the only overt acts were conuttted before that statute was
enacted, We fotn tr the opinion by Mr. Justice Clark and agree
that the Atonte Energy Act does not, by text or tntentton,
eupersede the earlier Faptonage Act. It does not purport to
Fepeal the earlier dot, nor afford any grounds for epelling
out a repeal by implications *® ar. Justt0os Jackson also stated,
‘thie stay ts not end could not be based upon eny doubt that
legal conviction was had under the. Feptenage Acts. Applteation
here for review of the Court of Appeals’ dectaton affirming the
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