Other Protections Flashcards
Privileges and Immunities Clause
1) the privileges and immunities clause prohibits one state from discriminating against the citizens of another state. Out of state citizens are protected against discrimination with respect to any fundamental rights or essential activities.
2) However, discrimination against out-of-state citizens may be valid if the state can show a substantial reason for the difference in treatment. A substantial reason exists if:
1) the out of state citizens either cause or are part of the problem that the state is attempting to solve; and
2) there are no less restrictive means to solve the problem.
Contracts Clause
a) the contracts clause limits the ability of states to enact laws that retroactively impair contract rights. It does not affect contracts not yet made. There is no comparable clause applicable to the federal government.
b) state legislation that substantially impairs an existing private contract is invalid unless the legislation passes intermediate scrutiny.
c) state legislation that substantially impairs an existing public contract is tested by the same basic test as above, but will likely receive stricter scrutiny.
Ex Post Facto Laws
a) The state or federal government may not pass an ex post facto laws. An ex post facto law is a law that retroactively alters criminal offenses or punishments in a substantially prejudicial manner for the purpose of punishing a person for some past activity.
b) A statute retroactively alters a law in a substantially prejudicial manner if it:
1) makes criminal an act that was innocent when done;
2) prescribes greater punishment for an act than was prescribed when it was done; OR
3) reduces the evidence required to convict a person of a crime from what was required when the act was done.
Bills of Attainder
Bills of attainder are legislative acts that inflict punishment on individuals without a judicial trial. both state and federal governments are prohibited from passing bills of attainder.
