Retroactive legislation

Question 1

What does the contracts clause do

Answer 1

limits ability of state and loval govt to enact laws that retroactively impair contract rights

does not affect contracts which are not yet made

Question 2

Contracts clause applies only to

which level of govt

Answer 2

state and local govt

Question 3

what is the equivalent of the contracts clause on the federal level

Answer 3

NO comparable clause!!

it could be that flagrant contracts violate the 5th A

Question 4

list (2)

Legislation that substantially impairs an existing private contract is invalid UNLESS

Answer 4

1. serves an impt and legitimate public interest -AND-
2. reasonably and narrowly tailored way of promoting that public interest

Question 5

what are ex post facto laws

Answer 5

laws that retroactively alter criminal offenses/punishments in a substanitally prejudicial manner with the purpose of punishing a person for a past activity

DPC of 5th and 14th similarly prohibit courts from retroactively interpreting criminal laws in unexpected and indefensible ways

Question 6

what are bills of attainder (BOA)

Answer 6

legislative acts that inflict punishment on individuals without judicial trial

BOTH fed and state/local govt prohibited from passing BOAs

Question 7

If a retroactive laws does not violate Contracts Clause, Ex Post Facto Laws, or BOA clauses it must still pass

Answer 7

Due Process class

Question 8

if a retroactive law does not substantially burden a fundemental right,

Answer 8

it only need be rationally related to a legitimate gov’t interest