Revival or Revolution: U.S. Trust\u27s Role in the Contracts Clause Circuit Split

(Excerpt) This Note argues that U.S. Trust\u27s Contracts Clause test created ambiguities that have spawned varying and conflicting approaches in the circuits. This Note also argues that U.S. Trust\u27s failure to advance the Framers\u27 original intent and departure from precedent has created the doctrinal disagreement that feeds the circuit split. Part I presents the history of the Contracts Clause from the Constitutional Convention up to the decision in U.S. Trust. Part II emphasizes the negative consequences of U.S. Trust\u27s novel approach by detailing the varying approaches the circuits have taken in applying the ambiguous dual standards set out in U.S. Trust. Part III critically analyzes U.S. Trust\u27s new violations standard and argues the Supreme Court needs to resolve the circuit split by reformulating U.S. Trust\u27s test. This Part then offers a new test that will clarify U.S. Trust\u27s ambiguities and correct its flaws