Tag: Impairing Contracts
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Treaties
Treaties, Alliances, or Confederations (Powers Denied to the States)At the time of the Civil War, the Court relied on the prohibition on treaties, alliances, or confederations in holding that the Confederation formed by the seceding states could not be recognized as having any legal existence.<a nam…
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Powers Denied to the States
Clause 1. Treaties, Coining Money, Impairing Contracts, EtcNo State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex po…
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Legal Tender
Legal Tender 1 (Powers Denied to the States)Relying on this clause, which applies only to the states and not to the Federal Government, the Supreme Court has held that, where the marshal of a state court received state bank notes in payment and disch…
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Ex Post Facto Clause
Ex Post Facto Laws: Changes in ProcedureAn accused person does not have a right to be tried in all respects in accordance with the law in force when the crime charged was committed.1 Laws shifting the place of trial from one county to another,<a name…
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Ex Post Facto Laws
Clause 3. Bills of Attainder and Ex Post Facto LawsNo Bill of Attainder or ex post facto Law shall be passed….
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Ex Post Facto Laws and Punishment
What Constitutes PunishmentThe issue of whether a law is civil or punitive in nature is essentially the same for ex post facto and for double jeopardy analysis.1 "A court must ascertain whether the legislature intended the statute to establish c…
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Bills of Attainder
Bills of Attainder (Powers Denied to Congress)"Bills of attainder . . . are such special acts of the legislature, as inflict capital punishments upon persons supposed to be guilty of high offences, such as treason and felony, without any conviction in the ordinary course of judicial proceedings…
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Bills of Credit
Bills of Credit (Powers Denied to the States)Within the sense of the Constitution, bills of credit signify a paper medium of exchange, intended to circulate between individuals, and between the government and individuals, for the ordinary purposes of society. It is immaterial whether the quality of …