Prohibited Legislation Flashcards
Bills of Attainder
Legislative act that declares a person or group o persons guilty of some crime and punishes them without a trial.
Ex Post Facto Laws
Struck down if:
1) Criminalizes an act that wasn’t a crime when committed
2) Authorizes the imposition of a more severe penalty after the act is committed
3) Deprives the D of a defense avail at the time the act was committed
4) Decreases the Prosecution’s burden of Proof
Private Ks
State legislation that substantially impairs a K b/w private parties is invalid unless the gov can demonstrate that the interference was reasonable and necessary to serve an important gov interest
Public Ks
State must show its important interest cannot be served by a less-restrictive alternative and that the impairment it seeks is necessary b/c of unforeseeable circumstances.
