Constitutional Law For Dummies by Patricia Fusco

Author:Patricia Fusco [Fusco, Patricia]
Language: eng
Format: mobi, pdf
Publisher: Wiley
Published: 2011-11-18T05:00:00+00:00

A three-step analysis: Seeing how modern courts approach private contracts

Especially when a law intrudes into a contract between private parties, the Court pursues a three-step analysis that balances government’s interests against the private party’s contract right. As pulled together in Energy Reserves Group v. Kansas Power & Light Company, 459 U.S. 400 (1983), the Court examines the following issues (using language taken from the case):

1. The Court determines the severity of government’s impairment of private-contract obligations.

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