RETROACTIVE LEGISLATION

Question 1

contract clause
Private contracts

Answer 1

• limits ability of state and local govt to enact laws that interfere with existing contractual obligations
• legislation that substantially impairs existing private contract is invalid unless it satisfies intermediate scrutiny —> narrowly tailored to serve important gov’t purpose

Question 2

public contracts (state is a party)

Answer 2

legislative will get heightened scrutiny (especially if legislation reduces contractual burdens on the state)

Question 3

ex post facto laws

Answer 3

both states and fed gov’t cannot pass ex post facto law (law that retroactively alters CRIMINAL offenses – punishing person for some past activity)

e.g., makes criminal an act that was innocent when it was done

Question 4

bills of attainder

Answer 4

• legislative act that inflicts punishment on someone without a trial (both fed and state/local govt are barred from passing these bills)
• it applies to named people or to members of a group