Editing Constitution of the United States
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<span style="background:pink">The Contract Clause places limits on the conduct of state governments</span>. Most importantly, states may not impair the ability of willing parties to form a <span style="background:pink">contract</span>: this has been dubbed the "freedom of contract" or "liberty of contract." At times, this liberty of contract has been read by SCOTUS as an economic '''substantive due process''' right protected by the Due Process Clause of the 14th Amendment.<ref>https://constitution.congress.gov/browse/essay/amdt14-S1-3-3-2/ALDE_00013704/</ref> | <span style="background:pink">The Contract Clause places limits on the conduct of state governments</span>. Most importantly, states may not impair the ability of willing parties to form a <span style="background:pink">contract</span>: this has been dubbed the "freedom of contract" or "liberty of contract." At times, this liberty of contract has been read by SCOTUS as an economic '''substantive due process''' right protected by the Due Process Clause of the 14th Amendment.<ref>https://constitution.congress.gov/browse/essay/amdt14-S1-3-3-2/ALDE_00013704/</ref> | ||
Courts | Courts are treats contract differently:<br> | ||
(1) They are more suspicious of laws impairing <span style="background:yellow">government</span> contracts | (1) They are more suspicious of laws impairing <span style="background:yellow">government</span> contracts | ||