Constitutionally prohibited legislation

Question 1

Bill of attainder

Answer 1

A bill of attainder, which is unconstitutional, is a legislative punishment imposed without judicial trial.

Question 2

Ex post facto laws

Answer 2

It is unconstitutional to expand criminal liability retroactively, whether by creating a new crime that applies to past conduct or by increasing the penalty for past conduct.

Question 3

Contracts Clause

Answer 3

It bars states from legislative impairment of existing contracts unless there is an overriding need—e.g., an economic emergency.

Question 4

Treatment of civil law as criminal

Answer 4

A law that is civil in purpose is treated as a criminal law only if its punitive effect clearly overrides its civil purpose, e.g., for purposes of determining whether a law is a bill of attainder or an ex post facto law.

A statute that is a non-punitive regulation enacted for the protection of the public is not a bill of attainder or an ex post facto law.

Question 5

Statutes of limitations

Answer 5

A statute of limitations, which addresses procedural rights, is remedial in nature.

Consequently, unless a change to a statute of limitations violates a fundamental right or deals with a suspect classification, the statute must simply meet the rational basis standard of review.