Retroactive Legislation

Question 1

What is the scope of the Contract Clause?

Answer 1

The Contract Clause applies only to state legislation, and not to state court decisions

Question 2

What is the Contract Clause?

Answer 2

When determining whether a contract may be modified based on legislation, courts will consider:
1. the severity of the impairment
2. the importance of the public interest to be served by the legislation

Question 3

What are ex post facto laws

Answer 3

In general, a statute violates the ex post facto clause if it:
1. makes criminal an act that was not a crime when committed
2. prescribes greater punishment for a crime after its commission
3. decreases the amount of evidence required for conviction
4. extends the statute of limitations for a crime as to which the previously applicable statute of limitations has already expired

Question 4

What is a bill of attainder?

Answer 4

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 misconduct

Question 5

How can a bill of attainder be recognized?

Answer 5

A bill of attainder will single out an individual or group and will not involve a trial