Retroactive Legislation (Con. Law)

Limits the ability of the state and local governments to enact laws that retroactively impair contract rights

Does not apply to the federal government; may be subject to due process analysis

Intermediate Scrutiny

Legislation that substantially impairs an existing private contract is invalid unless the legislation:
(1) serves important and legitimate public interest; and
(2) is reasonable and narrowly tailored means of promoting that interest

Test is similar to the test for private contracts, however it will be subject to a heightened scrutiny

Legislation that substantially impairs an existing private contract is invalid unless the legislation:
(1) serves important and legitimate public interest; and
(2) is reasonable and narrowly tailored means of promoting that interest

Cannot retroactively alter criminal offenses or punishments in a substantially prejudicial manner for the purpose of punishing a person for some past activity

Substantially prejudicial if:
(1) makes criminal an act that was innocent when done;
(2) imposes greater punishment than imposed when act was done; or
(3) reduces the evidence required to convict for an act already committed

Legislation that punishes individuals without trial

Unconstitutional for both state and federal governments

If it does not violate the contracts, ex post facto, or bill of attainder clauses, it must still pass due process muster

If it does not substantially burden a fundamental right, it need only pass rational basis review