Retroactive Legislation

Question 1

The contract clause applies to

Answer 1

a state law that substantially impairs existing contract rights

Question 2

a state law that substantially impairs existing contract rights will not be held invalid if
(3)

Answer 2

1. the law is necessary to achieve an important and legitimate public interest;
2. the regulation is reasonable;
3. the regulation is a narrowly tailored means of promoting that interest

Generally, government wins, unless trying to get out of its own contracts

Question 3

In general, a statute violates the ex post facto clause if it:
(4)

Answer 3

Up, down, sideways,

1. creates a new crime and punishes people from yesterday
2. gives more punishment
3. reducing the evidentiary burden for conviction
4. longer statute of limitations after it has expired (unless it has not expired)

Question 4

What does ex post facto law do?

Answer 4

Prevents punishment for past crimes under a new standard

Question 5

A bill of attainder elements

5

Answer 5

1. legislation
2. inflicts punishment
3. without a trial
4. singles out named individuals or a designated group
5. for past conduct

Question 6

What is the distinction between ex post facto and bill of attainder?

Answer 6

Ex post facto does not single people out + they get punished after a trial