Punishing someone for an action that did not used to be a crime is an example of

an ex post facto law.
habeas corpus.
a “necessary and proper” law.
a bill of attainder.

An ex post facto law.

Explanation:

An ex post facto law comes from the Latin and means "from after the action" or "after the facts", in this case the law can retrospectively allow the punishing of acts that were done in past which were not a crime at the time.

While the habeas corpus is used to prevent incorrect or illegal imprisonment and can be applied against violations of personal liberty.

A “necessary and proper” law grants the power to Congress make any Laws needed for the Execution of the foregoing Powers and Departments.

A bill of attainder is the punishing of someone without the right to a trial, it is prohibited in the U.S. Constitution.

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