Retroactive Legislation Flashcards Preview

MBE Con Law > Retroactive Legislation > Flashcards

Flashcards in Retroactive Legislation Deck (6)
Loading flashcards...
1

Contract Clause

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

2

What does the Contracts Clause apply to?

  • applies only to state legislation and not to state court decisions.

  • does not apply to the federal government. 

3

Ex Post Facto Clauses

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

4

How does a statute violate ex post facto clause?

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

Bills of Attainder

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

What is a bill of attainder?

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