Retroactive legislation

Question 1

Contract Clause

Answer 1

State/local laws CAN”T retroactivley impair existing contracts rights
—–private parties: intermediate scrutiny
—–public parties: “heightened scrutiny” (with government)
———higher than intermediate

Doesn’t apply to Ks already made

Does NOT apply to federal gov or judicial decisions

Question 2

Ex Post Facto Laws

Answer 2

Neither fed nor state may pass a law that retroactivley alters criminal liability

Includes retroactivley:
1) Criminalizing conduct
2) Increasing punishment
3) Reducing evidence burden
***all compared to when it was done

Question 3

Bills of Attainder

Answer 3

Legislation that punishes individuals without trial is unconstitutional.

Punish is broad.