The crash helped spur the passage of the long-pending Federal Tort Claims Act of 1946, as well as the insertion of retroactive provisions into the law, allowing people to sue the government for the accident.

In fact, most tax measures include retroactive provisions, and the Supreme Court settled the matter long ago.

Therefore, "ex post facto" criminal laws or any other retroactive punitive provisions are constitutionally prohibited.

To the Editor: Like Anthony Lewis (column, Sept. 23), I am pleased with the House of Representatives bill softening the 1996 Immigration Act's retroactive provisions.

But it should do so in a systemic fashion that truly eliminates the act's retroactive provisions.

They contend that the retroactive provisions are probably unconstitutional, under the Fifth Amendment, which protects states from "takings" by the Federal Government, and under the 10th Amendment, which protects the sovereignty of states.

Marc Klaas calls the retroactive provision a "get-out-of-jail-free card" for some of the state's most hardened criminals.

"The bill now bogged down in Congress does contain a number of retroactive provisions," he said, but by the time it is enacted those dates are likely to change.

Eventually the retroactive provision of Dodd's bill was dropped, removing the protection to Colonial Realty.

"The retroactive provisions the court enjoined are critical to protecting our children," he said.