Retroactive Legislation

Question 1

The Contract Clause

Answer 1

Limits the ability of state and local governments to enact laws that retroactively impair contract rights
-No equivalent clause for federal government

Question 2

Private Contracts (intermediate scrutiny)

Answer 2

State or local legislation that substantially impairs an existing private contract is invalid unless:
-serves important and legitimate public interest; and
-is reasonable and narrowly tailored means of promoting that interest

Question 3

Public Contracts (heightened scrutiny)

Answer 3

State or local legislation that impairs a contract to which the state is a party will receive heightened scrutiny, especially if legislation reduces contractual burdens on state
-i.e., city retroactively reduces reimbursement rate for the travel expenses of the city’s contractors would be invalid

No self dealing!

Question 4

Ex Post Facto Laws

Answer 4

Neither the federal or state government may pass a law that retroactively alters criminal offenses
-Makes criminal an act that was innocent when done
-Imposes greater punishment
-Reduces the evidence burden to convict a crime

Question 5

Bills of Attainder

Answer 5

Legislative acts that inflict punishment on individuals without a judicial trial
-Both federal and state/local governments are prohibited from passing bills of attainder