Retroactive Legislation Flashcards
1
Q
what is the contracts clause? who does it appl yto?
A
Prohibits state legislation from substantially impairing the obligation of existing public/private K
EXCEPTION: Regulation of private K is reasonably and narrowly tailored to promote important and legitimate public interest. Regulation of public K receives stricter scrutiny
2
Q
what is ex post facto law? who does it apply to?
A
State/fed may not retroactively alter criminal offense or punishment that puts Δ in worse position
3
Q
what is a bill of attainder? who does it apply to?
A
State/fed may not pass a legislative act that inflicts punitive punishment without a trial on named individuals or an easily ascertainable group for past conduct