Retroactive Legislation (Module 11)

Question 1

Contract Clause (Retroactive Legislation)

Answer 1

Contracts Clause prohibits states from retroactively and substantially impairing contract rights
- unless the governmental act serves an important and legitimate government interest and is a reasonable and narrowly tailored means of promoting that interest

Question 2

Private Contracts (Retro Legislation)

Answer 2

Legislation that subsantially impairs an existing private k (bt two private parties) is inlaid unless it survives IS (important/legit public interest and is rxbly and narrowly tailored)

Question 3

Public Contracts (Retro Legislation)

Answer 3

Legislation that impairs a K bt the gov and a private party gets the same test as for private Ks (important/legit public interest and rxbly/narrowly tailored) but will get much higher scrutiny under that test

Question 4

Ex Post Facto Laws

Answer 4

Neither states nor fed gov can pass an ex post facto law which retroactively alters criminal offenses or punishments in a substantially prejudicial manner

Question 5

Types of Impermissible Ex Post Facto Laws

Answer 5

A stattue retroactively alters a law in a substantially prejudicial manner if it:

1) makes criminal an act that was innocent when done
2) imposes a great punishment for an act than was imposed when it was done
3) reduces the evidence reqired to convict a person for an act

Question 6

Bills of Attainder

Answer 6

Legislative acts that inflict punishment on individuals without a judicial trial