Legal Question in Administrative Law in California

Re: welfare rules®ulations

The principle you raise is the Constitutional prohibition against so-called "ex post facto" laws, and they are certainly unconstitutional if they act to take away rights you already have, such as the right to be out of prison.

However -- I believe this is true -- a law that creates a benefit CAN have limiting criteria that relate to a prior condition or previously-received benefit. For example, a reduction in the capital-gains tax passed in 2002 can selectively apply to assets bought in 1998 and before, but not those bought in 1999. Also, there are other laws that limit the benefit to once in a lifetime.

So, I think the law you're referring to would pass constitutional muster. The reason is that it doesn't selectively take away a right; rather, it selectively disqualifies folks from a benefit. That's a major logical distinction.