Legal Question in Constitutional Law in Texas

Statute of Limitation on Bill of Rights - 5th Amendment

I need clarification on the federal statute 28 U.S.C. �1658. Is it true that it does not cover laws enacted before 1 Dec 1990? Parts of the statute follows.

TIA

Sec. 1658. Time limitations on the commencement of civil actions arising under Acts of Congress

-STATUTE-

(a) Except as otherwise provided by law, a civil action arising

under an Act of Congress enacted after the date of the enactment of this section may not be commenced later than 4 years after the cause of action accrues.

(b) Notwithstanding subsection (a), a private right of action that involves a claim of fraud, deceit, manipulation, or contrivance in contravention of a regulatory requirement concerning the securities laws, as defined in section 3(a)(47) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(47)), may be brought not later than the earlier of -

(1) 2 years after the discovery of the facts constituting the violation; or

(2) 5 years after such violation.

EFFECTIVE DATE Section 313(c) of Pub. L. 101-650 provided that: ''The amendments made by this section [enacting this section] shall apply with respect to causes of action accruing on or after the date of the enactment of this Act [Dec. 1, 1990].''


Asked on 5/09/06, 9:36 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Statute of Limitation on Bill of Rights - 5th Amendment

The statute was originally enacted on December 1, 1990, but part (b) was added as of July 30, 2002. The statute was not retroactive, but there were limitations periods on federal cases even before it was enacted; in some cases, those periods were identical to the ones established by the 1990 statute.

Keep in mind that this statute applies only to lawsuits arising under acts of Congress and not to those based solely upon state law or directly upon the U.S. Constitution. Your subject line refers to the Fifth Amendment and the Bill of Rights, of which it is a part. Constitutional amendments are not acts of Congress, so lawsuits based directly thereon are not subject to the statute you cite.

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Answered on 5/09/06, 10:32 pm


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