Retroactive Legislation

Question 1

Contract Clause

Answer 1

“No state shall… pass any… Law impairing the Obligation of Contracts.”

Question 2

What does the Contracts Clause apply to?

Answer 2

• applies only to state legislation and not to state court decisions.
• does not apply to the federal government.

Question 3

Ex Post Facto Clauses

Answer 3

Prevents federal and state gov’t from passing a criminal law that applies retroactively

Question 4

How does a statute violate ex post facto clause?

Answer 4

UP , DOWN, SIDEWAYS, AND

(1) UP

increases punishment after the crime has been committed

(2) DOWN

reduces evidentiary burden

(3) SIDEWAYS

lengthens statute of limitations after it has expired

(4) *** and

creates a new crime

Question 5

Bills of Attainder

Answer 5

Elements:

• legislative act;
• that inflicts punishment;
• without a judicial trial;
• upon named indi-viduals or an easily ascertainable group ;
• for past conduct

Applies to both state and federal govt

Question 6

What is a bill of attainder?

Answer 6

A legislative act that inflicts punishment without a judicial trial upon named individuals or an easily ascertainable group for post conduct