Contracts Clause Flashcards

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1
Q

Part of Constitution Found:

A

Article 1 § 10

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2
Q

Req to apply

A

State action, existing contract at time of impairment, substantial impairment

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3
Q

Substantial impairment

A
  • Furthers an important governmental interest in impairing the contract and the means are reasonable and appropriate under the circumstances
  • Means chosen & approp factors:
    How severe the impairment is,, how necessary it is, broad purpose or only furthering a benefit for a few and
    Great deference is given to the state unless the state is impairing its own obligations
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