Incorporation of Constitution to States

Question 1

Contracts clause

Answer 1

SISLIP
1. Substantially Impair
2. Significant, Legitimate Interest
3. Public purpose
4. (Substantiality = K expectations, History of reg)

Question 2

Ex post facto laws

Answer 2

1. Article I, Sections 9 and 10
2. Can’t punish if not illegal at the time
3. More severe punishment or
4. Deprivation of defense available at time crime was committed
5. Federal and State.

Question 3

Bills of attainder

Answer 3

1. Names person
2. Punishes without judicial process
3. Constitution prohibits use by Federal and State.

Question 4

Privileges & Immunities Clause

Answer 4

DOS FL NUB CUM

1. Discrimination Out of Staters
2. Fundamental national interest, basic to Livelihood;
3. No Alternative; otherwise
4. Undue Burden + NS
5. Congress cannot Usurp, no Market participation exception, no corps.