Retroactive Legislation

Question 1

what is the contract clause?

Answer 1

clause that limits the ability of state and local governments to enact laws that retroactively impair contract rights
**NOTE = does NOT affect contracts not yet made

Question 2

does the contract clause limit the federal government?

Answer 2

NO (but flagrant contract impairment would violate the 5th amendment due process clause)

Question 3

Legislation that substantially impairs an existing PRIVATE K is invalid unless… (2 things)

Answer 3

1) the law serves an important and legit public purpose and
2) is a reasonable and narrowly tailored means of promoting that interest
(intermediate scrutiny)

Question 4

legislation that impairs a contract to which the STATE is a party is subjected to what level of scrutiny?

Answer 4

heightened scrutiny (more exacting standard than for private Ks)
**NOTE = especially heightened if the law reduces the contractual burdens on the state

Question 5

what is an ex post facto law?

Answer 5

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

Question 6

true or false: the state and federal government may not pass an ex post facto law.

Answer 6

TRUE

Question 7

when does a statute retroactively alter a law in a substantially prejudicial manner? (3 types)

Answer 7

when it either…
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 evidence required to convict a person of a crime from what was required when the act was committed

Question 8

what are bills of attainder?

Answer 8

legislative acts that inflict punishment on INDIVIDUALS without a judicial trial (need to be general)
**NOTE = both fed and state govts are not allowed to pass bills of attainder