Texas Constitution:Article I, Section 16: Difference between revisions

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The federal constitution expressly prohibits the states from enacting bills of attainder, ex post facto laws, and laws impairing the obligation of contracts. However, it does not directly address retroactive laws.
The federal constitution expressly prohibits the states from enacting bills of attainder, ex post facto laws, and laws impairing the obligation of contracts. However, it does not directly address retroactive laws.


It is noteworthy that, in the 1934 ''Travelers' Insurance Co. v. Marshall'' decision referenced below, the Texas Supreme Court specifically held that this section's provision regarding the impairment of contracts was stricter than the federal constitution's provision regarding the impairment of contracts. Cf. ''Home Building and Loan Association v. Blaisdell'', 290 U.S. 398, [https://scholar.google.com/scholar_case?case=8045354711683233471#p415 415-16] (1934) ("Appellant contests the validity of Chapter 339 of the Laws of Minnesota of 1933, p. 514, approved April 18, 1933, called the Minnesota Mortgage Moratorium Law, as being repugnant to the contract clause (Art. I, § 10) and the due process and equal protection clauses of the Fourteenth Amendment, of the Federal Constitution.").
Note that, in the 1934 ''Travelers' Insurance Co. v. Marshall'' decision referenced below, the Texas Supreme Court specifically held that this section's provision regarding the impairment of contracts was stricter than its federal counterpart. Cf. ''Home Building and Loan Association v. Blaisdell'', 290 U.S. 398, [https://scholar.google.com/scholar_case?case=8045354711683233471#p415 415-16] (1934) ("Appellant contests the validity of Chapter 339 of the Laws of Minnesota of 1933, p. 514, approved April 18, 1933, called the Minnesota Mortgage Moratorium Law, as being repugnant to the contract clause (Art. I, § 10) and the due process and equal protection clauses of the Fourteenth Amendment, of the Federal Constitution.").


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