Retroactive Legislation

Question 1

The Contract Clause

Answer 1

a) The Contract Clause applies only to state legislation, and not to state court decisions

b) Rule—When determining whether a contract may be modified, courts will consider:
i) The severity of the impairment; and
ii) The importance of the public interest to be served

Question 2

Ex Post Facto Laws

Answer 2

a) Rule—In general, a statute violates the ex post facto clause if it:
i) Makes criminal an act that was not a crime when committed;
ii) Prescribes greater punishment for a crime after its commission;
iii) Decreases the amount of evidence required for conviction; or
iv) Extends the statute of limitations for a crime as to which the previously applicable statute of limitations has already expired

Question 3

Bills of Attainder

Answer 3

a) Bill of attainder = a legislative act that inflicts punishment without a judicial trial upon named individuals or an easily ascertainable group for past conduct
i) Bills of attainder will single out an individual or a group and will not involve a trial