Retroactive Legislation

Question 1

The K Clause (Article I, Section 10)

Answer 1

“No state shall . . . pass any . . . Law impairing the Obligation of Contracts.” Does not apply to state court decisions or federal laws.

Question 2

K Clause: Important Factors

Answer 2

When determining whether a K may be modified, courts will consider:

• the severity of the impairment; and
• the importance of the public interest to be served

Question 3

Ex Post Facto Laws

Answer 3

Two clauses in the Constitution prohibit the federal and state legislatures from criminalizing behavior or increasing punishment after the fact.

Question 4

When a Statute Violates the Ex Post Facto Rules

Answer 4

• Makes criminal an act that was not a crime when committed
• Prescribes greater punishment for a crime after its commission
• Decreases the amount of evidence required for conviction; or
• Extends the SOL for a crime as to which the previously applicable SOL has already expired

Question 5

What About Laws that Decrease Punishment?

Answer 5

Such laws do not violate ex-post facto laws

Question 6

Bills of Attainder

Answer 6

Legislatures (both state and federal) may not inflict punishment on an individual or easily ascetainable group for past conduct without a judicial trial. Keep in mind that a law must be punitive to violate the rules against bills of attainder.