Retroactive Legislation Flashcards
1
Q
Contract Clause
A
“No state shall… pass any… Law impairing the Obligation of Contracts.”
2
Q
What does the Contracts Clause apply to?
A
- applies only to state legislation and not to state court decisions.
- does not apply to the federal government.
3
Q
Ex Post Facto Clauses
A
Prevents federal and state gov’t from passing a criminal law that applies retroactively
4
Q
How does a statute violate ex post facto clause?
A
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
5
Q
Bills of Attainder
A
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
6
Q
What is a bill of attainder?
A
A legislative act that inflicts punishment without a judicial trial upon named individuals or an easily ascertainable group for post conduct
