I think it goes even further back. I recall from somewhere that a SCOTUS decision from 1798 or 1799 basically ruled that the ex-post-facto provision of the Constitution only pertained to criminal law, not civil law.
"There's no way to rule innocent men. The only power government has is the power to crack down on criminals. When there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws."
- Ayn Rand
Nice description of the path we are on - towards complete totalitarianism.