Retroactive Legislation Flashcards
The Contract Clause limits the ability of state and local governments to enact laws that _______ impair contract rights.
Retroactively
There’s no comparable clause vis-à-vis the Contract Clause that is applicable to the federal government, but flagrant contract impairment would violate the _______.
Fifth Amendment Due Process Clause
Legislation that substantially impairs an existing private contract is invalid unless the legislation: (2 things)
(1) Serves an important and legitimate public interest, and
(2) Is a reasonable and narrowly tailored means of promoting that interest
Legislation that impairs a contract to which the state is a party is tested by the same basis standard as legislation that impairs private contracts, but the legislation will likely receive heightened scrutiny, especially if _______.
The legislation reduces the contractual burdens of the state
HYPO: A state regulatory agency temporarily bans disposal wells for fracking wastewater, pending study of whether the fracking caused an epidemic of earthquakes in the surrounding area. Because of the ban, a petroleum company can no longer drill on a landowner’s property, triggering a large reduction in the rent due under the parties’ mineral lease. The petroleum company and the landowner challenge the ban, claiming it impairs the parties’ contract. Is the ban valid under the Contract Clause?
Yes. The contract rights being affected are between private parties, so there is no heightened scrutiny. The temporary ban serves an important and legitimate public interest, and the ban is reasonable and narrowly tailored.
HYPO: A city retroactively reduces the reimbursement rate for the travel expenses of the city’s contractors. Is this valid?
No. Here, the state is a party to the contract, so heightened scrutiny will apply. The government here is self-dealing by reducing its contractual obligations.
What is an ex post facto law?
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.
What is the test for whether a statute constitutes an ex post facto law (i.e., for whether a statute retroactively alters a law in a substantially prejudicial manner)? (3 prongs)
A statute retroactively alters a law in a substantially prejudicial manner if it:
(1) Makes criminal an act that was innocent when done
(2) Imposes a greater punishment for an act than was imposed for the act when it was done, OR
(3) Reduces the evidentiary requirement to convict a person of a crime from what was required when the act was committed
True or false: Courts may retroactively interpret criminal laws. Explain.
False. The Due Process Clauses of the Fifth and Fourteenth Amendments prohibit courts from retroactively interpreting criminal laws in an unexpected and indefensible way.
What is a bill of attainder?
A bill of attainder is a legislative act that inflicts punishment on individuals without a judicial trial.
True or false: If a retroactive law does not violate the Contracts, Ex Post Facto, or Bill of Attainder Clauses, there are no further obstacles to it becoming law. Explain.
False. The law must still pass muster under the Due Process Clause. If the law doesn’t substantially burden a fundamental right, it only needs to be rationally related to a legitimate government interest.
