Retroactive Legislation

Question 1

What does the Contract Clause prohibit?

Answer 1

Prohibits state and local govts from enacting laws that retroactively impair contract rights.

Note: does not apply to the federal govt (but rly bad contract impairment would violate due process of 5A)

Question 2

What standards of review apply to laws challenged under the Contract Clause?

Answer 2

Private contracts - intermediate scrutiny: if legislation substantially impairs a private contract then will only be valid if it (a) serves important govt interest + (b) is reasonably and narrowly tailored to achieve that goal

Public contracts - heightened scrutiny: Legislation that impairs a K in which the state is party received higher degree of scrutiny - esp. if it reduces to contractual burden of the state

Question 3

What is an ex post facto law? When may the govt enact one?

Answer 3

An ex post factor law retroactively alters criminal offenses or punishments in a substantially prejudicial manner for the purposes of punishing a person for some past activity.

State/federal got may NOT enact ex post facto laws if it:

• makes criminal an act that was innocent when done
• imposes a greater punishment for an act that was imposed when the act was done
• reduces the evidence req’d to convict a person of a crime that was required at the time it was committed

Note: doesn’t apply in civil cases

Question 4

What is a bill of attainder? When are they allowed?

Answer 4

Bill of attainder is a legislative act that inflicts punishment on a person without a judicial trial. (e.g. law denying benefits to communists). Govts may not pass them.