Q: Briefly explain the Contract Clause.
The Contract Clause – Art. I – 10
Prior to the rise of substantive due process review, the K clause was the primary check upon State economic regulation.
Two Part decision:
1. The use of the K clause to protect public agreements, i.e. those to which the government is a party. Strict scrutiny employed in the first category.
AND
2. The use of the clause to protect agreements between private parties.
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