RETROACTIVITY:
DUE PROCESS CONSIDERATIONS
Under the DP clauses of the 5th and 14th amendments, retroactive legislation or other gov'tal action may be, but is not necessarily, a violation of the constitution. The Q of whether a retroactive law violates due process is a substantive due process issue. If the law does not relate to a fundamental civil right, the retroactive law should be upheld if it is rationally related to a legitimate gov't interest.