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The Contracts Clause was one of the most litigated provisions of the Constitution in the nineteenth century. Though its significance declined after the New Deal and Blaisdell's broad emergency exception, it has retained practical importance in cases involving state modifications of pension obligations, changes to public employment contract terms, and restructuring of municipal bonds. Fiscal crises of state and local governments have generated a new wave of contracts clause litigation.
The Constitutional Contracts Clause Warrior is Volume LXXXIX of Wayne Richard Evangelista's Constitutional Law Series.
Wayne Richard Evangelista covers the full contracts clause landscape: Article I Section 10's text and original doctrine; Home Building v. Blaisdell — the emergency exception, its rationale, and limits; Allied Structural Steel v. Spannaus — substantial impairment and heightened scrutiny; Sveen v. Melin's two-part test; state pension modifications — the growing body of litigation challenging reductions in vested pension benefits; municipal bonds and contracts clause protection; and the complete practitioner's toolkit for contracts clause challenges.
The Constitutional Contracts Clause Warrior
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