8. Retroactive Legislation Flashcards
What does the Contract Clause prevent states from doing?
The Contract Clause prevents states from passing retroactive laws that impair or interfere with contracts that have already been executed.
It does not apply to the federal government.
Under what conditions can a private contract be modified by the legislature?
A private contract can be modified under its police power when:
* it is necessary to serve an important and legitimate public interest
* the regulation is a reasonable and narrowly tailored means of promoting that interest.
What factors will the Court consider when determining if a contract can be modified?
The Court will consider:
* the severity of the impairment
* the importance of the public interest to be served.
These factors help balance individual contract rights against public needs.
Define an ex post facto law.
An ex post facto law is legislation that retroactively alters the criminal law in a substantially prejudicial manner to deprive a person of any right previously enjoyed for the purpose of punishing past activity.
This applies only to criminal law, not civil regulation.
What are the ways a statute can retroactively alter criminal law?
A statute retroactively alters criminal law if it:
1. makes criminal an act that was NOT a crime when committed
2. prescribes greater punishment for a crime AFTER its commission
3. decreases the amount of evidence required for conviction
4. extends the statute of limitations for a crime after the previously applicable statute has expired.
A law that retroactively decreases a criminal penalty is NOT considered an ex post facto law.
True or False: A law that retroactively decreases a criminal penalty is NOT considered an ex post facto law.
True.
What is a bill of attainder?
A bill of attainder is a law or legislative action that punishes specifically-named individuals or groups for past or future conduct without a trial.
This applies to both federal and state legislation.
What qualifies as punishment under the constitutional provision prohibiting bills of attainder?
A statute barring particular individuals from government employment qualifies as punishment within the meaning of the constitutional provision prohibiting bills of attainder.
This illustrates how specific legislative actions can be deemed punitive.
