Prohibited Legislation

Question 1

Bills of Attainder

Answer 1

a legislative act that declares a person or group of persons guilty of some crime or punishes them without a trial

applies only to criminal or penal measures

Question 2

Ex Post Facto Laws

Answer 2

1. criminalizes an act that was not a crime when it was originally committed
2. authorizes a more severe penalty after an act was committed
3. deprives D of a defense available when the act was committed; or
4. decreases the prosecution’s burden of proof below that required when the act was committed

Question 3

Impairment of Contracts

Answer 3

the “contracts clause” prohibits the states from passing any law “impairing the obligation of contracts”

applies only to state legislation–not state court decisions and not federal legislation–that retroactively impairs contractual rights

does not apply to contracts not yet entered into

State legislation that substantially impairs a contract between private parties is invalid, unless the government can demonstrate that the interference was reasonable and necessary to serve an important governmental interest