Retroactive Legislation

Question 1

What does the Contracts Clause do?

Answer 1

the Contracts Clause limits the ability of states to enact laws that retroactively impair contract rights. It does not affect contracts not yet made.

Question 2

Can the federal government pass laws retroactively affecting the rights of existing contracts?

Answer 2

Technically, yes. However, flagrant contract impairment would violate the 5th Amendment Due Process Clause.

Question 3

When analyzing the constitutionality of state impairment of existing private contracts, under what standard is the impairment analyzed?

Answer 3

Intermediate scrutiny; i.e. the impairment on existing contract must 1) serve an important and legitimate public interest; and 2) be a reasonable and narrowly tailored means of promoting that interest.

Question 4

When analyzing the constitutionality of state impairment of existing public contracts, under what standard is the impairment analyzed?

Answer 4

Strict scrutiny; i.e. the impairment must be necessary to the accomplishing of a compelling government objective.

Question 5

The ex post facto law clause only applies to what kind of laws?

Answer 5

criminal laws