Retroactive Legislation

Question 1

What is the contract clause?

Answer 1

No state shall pass any law impairing the obligation of contracts.

It does not apply to the federal government.

A private contract can be modified by the legislature under its police power when it is necessary to serve an important and legitimate public interest and the regulation is a reasonable and narrowly tailored means of promoting that interest.

In determining whether a contract may be modified, the court will considered:

1. the severity of the impairment; and
2. the importance of the public interest to be served.

Question 2

What are ex post facto laws?

Answer 2

There are two clauses that prevent the states and the federal government from passing retroactive criminal laws.

In general, a statute retroactively alters the criminal law if it:

1. makes criminal an act that was not a crime when committed;
2. prescribes greater punishment for a crime after its commission;
3. decreases the amount of evidence required for conviction; or
4. extends the statute of limitations for a crime as to which the previously applicable statute of limitations has already expired.

Question 3

What are bills of attainder?

Answer 3

A legislative act that inflicts punishment without a judicial trial upon named individuals or an easily ascertainable group for past conduct.

This applies to the state and federal government.