Other Concepts

Question 1

Contract Clause

Answer 1

Applies only to states

Prevents only substantial impairment with party’s existing K

*Law valid if serves important interest and narrowly tailored

Question 2

What levels of scrutiny are applied to a public and private contract?

Answer 2

Private K = intermediate

Public K = heightened scrutiny

Question 3

What are ex post facto laws?

Answer 3

Make an act crim when innocent when done

Prescribe an increase in punishment more than when committed

Decrease evidence required to convict

Question 4

What is the prohibition on bills of attainder?

Answer 4

Means states can’t have a law inflicting punishment without a trial

Question 5

What does EP prohibit?

Answer 5

Unreasonable discrimination

Question 6

Suspect Classification for EP

Answer 6

Race, national origin, fundamental rights

Question 7

Quasi Suspect Class for EP

Answer 7

Sex/gender, legitimacy

Question 8

When will scrutiny be heightened in EP case?

Answer 8

When the discrimination is intentional

Question 9

Ways to show discrimination

Answer 9

Facial
Application
Disparate Impact