Power of Congress to Enact Penal LawsQ: What are the limitations upon the power

of Congressto enact penal laws? (1988, 2012 Bar) A:

The limitations upon the power of congress to enactpenal laws are as follows:1.

Congress cannot enact an ex post facto law.2.

Congress cannot enact a bill of attainder.3.

Congress cannot provide for a cruel punishment.However, other limitations may be

considered like:1.

Congress cannot enact a law which shall punish for acondition. Congress shall punish an act
and not thecondition or status. (
Robinson v. California
)2.

Congress should consider Article 21 of the Revised

Penal Code which provides that “penalties that may be
imposed. No felony shall be punishable by any penalty
not prescribed by law prior to its commission.”