Retroactive Legislation

Front Cover
American Enterprise Institute, 1998 - Law - 127 pages
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.
 

Contents

The Increased Interest in Retroactivity
9
MORAL AND ECONOMIC ARGUMENTS AGAINST RETROACTIVE
17
THE RISE FALL AND RESURGENCE OF ANTIPATHY
25
PART
45
THE BILL OF ATTAINDER CLAUSES
56
THE FIFTH AMENDMENTS PROHIBITION AGAINST
66
SEPARATION OF POWERS AND DUE PROCESS
73
THE CASE OF SUPERFUND
83
A SUGGESTION FOR THE JUDICIARY AND A POLITICAL SOLUTION
91
NOTES 66
99
INDEX
119
ABOUT THE AUTHOR 127
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