Retroactive Leguslation

Question 1

What is the contract clause?

Answer 1

State government cannot pass legislation that retroactively interferes with contract rights

Question 2

What is the test to determine whether contract clause is violated?

Answer 2

In contract between private parties the law must serve important and legit public interest and be reasonable and narrowly tailored for promoting the interest. For public contracts heightened scrutiny may apply where the law eases the state’s obligations under the the contract.

Question 3

What is an ex post facto law?

Answer 3

Law that retroactively changes a criminal offense in a substantially prejudicial way

Question 4

When does a statute substantially alter in a prejudicial way?

Answer 4

If (1) makes an act that was innocent when done criminal; (2) increases criminal punishment imposed for an act than what was imposed at the time the act was committed; or (3) reduces evidentiary standard to convict a person.

Question 5

What are bills of attainder?

Answer 5

UNCONSTITUTIONAL bill that punishes individuals/ groups by name without judicial proceedings