P&I Clause and Retroactive laws

Question 1

P&I of the 14th Amendment

Answer 1

Applies to the states. It has very limited application. Some protected P&Is of national citizenship are the rights:1. to travel from state to state2. petition congress for redress of grievances3. to vote for national offices4. To enter public lands5. to be protected while in US Marshall custody6. To assemble peacefully

Question 2

P&I under Art IV Sec 2

Answer 2

Prohibits states from discriminating against no-residents with respect to rights and activities that are fundamental to the nation.

Question 3

P&I Art IV Sec 2 - Invalid forms of nonresident discrimination

Answer 3

1. state law requiring a non-resident to pay higher fees for commercial licenses2. commuter tax applicable to nonresidents who entered the state to work, while in-state residents were exempt from the tax3. state law that allows only state residents to get abortions inside the state4. state law requiring ERs to hire only state residents or give them preferential treatment

Question 4

P&I Art IV Sec 2 - Valid forms of nonresident discrimination

Answer 4

1. states are allowed to charge higher fees to non-resident for recreational (non-economic) licenses (it is within the state’s police power to regulate recreational, noncommercial activities)2. discrimination against nonresidents will be given special consideration if its purpose is the preservation of natural, state-owned resources

Question 5

Retroactive Legislation - Contract Clause

Answer 5

Applies to state legislatures, not to State court of the federal government. A private k 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.

Question 6

Retroactive Legislation - K Clause: what are the two factors in determining whether a k may be modified?

Answer 6

A court will consider:1. the severity of the impairment; and2. the important of the public interest to be served

Question 7

Retroactive Legislation - Ex-Post Facto Laws

Answer 7

The constitution prohibits the state and federal gov’t from passing retroactive criminal laws.

Question 8

Retractive laws - Ex-Post facto laws: when does a statute retroactively alter criminal laws?

Answer 8

If it:1. makes criminal an act that was not a crime when committed2. prescribes greater punishment for a crime after its commission3. decreases the amount of evidence required for conviction4. extends the statute of limitation for a crime as to which the previously applicable SOL has already expired

Question 9

Retroactive Laws - Bills of Attainder

Answer 9

A bill of attainder is a legislative act that inflicts punishment without a judicial trial upon named individuals or an easily ascertainable group for past conduct. The constitution prevent both federal and state legislatures from passing bills of attainder. This essentially means that legislatures cannot punish you by passing laws to punish you without a trial. think PUNISHMENT without trial