Contracts Clause Flashcards
1
Q
Part of Constitution Found:
A
Article 1 § 10
2
Q
Req to apply
A
State action, existing contract at time of impairment, substantial impairment
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