Research Catalog
Retroactive legislation
- Title
- Retroactive legislation / Daniel E. Troy.
- Author
- Troy, Daniel E.
- Publication
- Washington, D.C. : AEI Press, 1998.
Items in the Library & Off-site
Filter by
1 Item
| Status | Format | Access | Call Number | Item Location |
|---|---|---|---|---|
| Text | Request in advance | KF420 .T76 1998 | Off-site |
Holdings
Details
- Description
- xi, 127 pages; 24 cm
- Summary
- Essential to the rule of law is that the rules not be changed in the middle of the game. This principle is embodied in the notion that legislation should apply prospectively. Yet, too often, Congress has adopted unfair retroactive legislation, with the blessing of the courts. In this volume Dan Troy argues that political and procedural mechanisms are needed to protect settled, investment-backed expectations.
- Troy traces the history of the presumption of prospectivity and surveys the Constitution's ex post facto, bill of attainder, contracts, and takings clauses in documenting the courts' failure to guard against retroactive legislation.
- Subject
- Retroactive laws > United States
- Bibliography (note)
- Includes bibliographical references (p. 99-118) and index.
- Contents
- 1. Introduction -- Pt. 1. Historical Antipathy to Retroactive Legislation. 2. Moral and Economic Arguments against Retroactive Legislation. 3. The Rise, Fall, and Resurgence of Antipathy to Retroactivity -- Pt. 2. Constitutional Constraints on Retroactive Civil Legislation. 4. The Ex Post Facto Clauses. 5. The Bill of Attainder Clauses. 6. The Contracts Clause. 7. The Fifth Amendment's Prohibition Against Uncompensated Takings. 8. Separation of Powers and Due Process. 9. The Case of Superfund. 10. A Suggestion for the Judiciary and a Political Solution. 11. Conclusion.
- ISBN
- 0844740225 (cloth : alk. paper)
- 0844740233 (pbk. : alk. paper)
- LCCN
- 97052784
- OCLC
- ocm38130795
- Owning Institutions
- Columbia University Libraries