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Hypothetical: A law is passed in 1900.
In 1910, the court rules the law unconstitutional.
After 1910, people violate this currently unconstitutional law in ways that leave evidence, but the state will not punish.
In 1950, the law is judged constitutional again.
Are those violations from the past now subject to prosecution since the law is constitutional? The law was broken after it was passed, so this is not a clear ex post facto situation.