trust new jersey argued november decided april statutory covenant new jersey new york limited ability port authority new york new jersey subsidize rail passenger transportation revenues reserves pledged security consolidated bonds issued port authority new jersey statute together concurrent parallel new york statute retroactively repealed covenant appellant trustee holder port authority bonds brought suit new jersey superior declaratory relief claiming new jersey statute impaired obligation contract bondholders violation contract clause constitution superior dismissed complaint trial holding statutory repeal reasonable exercise new jersey police power prohibited contract clause new jersey affirmed held contract clause prohibits retroactive repeal covenant pp outright repeal covenant totally eliminated important security provision bondholders thus impaired obligation contract pp security provision covenant purely financial obligation thus necessarily compromise reserved powers contracted away pp repeal covenant sustained basis faitoute iron steel city asbury park worthen kavanaugh simply bondholders rights totally destroyed pp impairment contract involved case upheld reasonable necessary serve important public purpose impairment neither necessary achieve plan encourage private automobile users shift public transportation reasonable light changed circumstances total repeal covenant essential since plan implemented less drastic modification covenant since without modifying covenant adopted alternative means achieving twin goals discouraging automobile use improving mass transit repeal claimed reasonable basis need mass transportation energy conservation environmental protection since covenant adopted knowledge concerns pp blackmun delivered opinion burger rehnquist stevens joined burger filed concurring statement post brennan filed dissenting opinion white marshall joined post stewart took part decision case powell took part consideration decision case devereux milburn argued cause appellant briefs robert mctamaney robert meyner william hyland attorney general new jersey pro se argued cause appellees brief michael sovern murray laulicht louis lefkowitz attorney general samuel hirshowitz first assistant attorney general daniel cohen assistant attorney general filed brief state new york amicus curiae urging affirmance justice blackmun delivered opinion case presents challenge new jersey statute laws violative contract clause constitution statute together concurrent parallel new york statute laws repealed statutory covenant made two limited ability port authority new york new jersey subsidize rail passenger transportation revenues reserves suit one declaratory relief instituted appellant trust company new york superior new jersey law division bergen county named defendants state new jersey governor attorney general sued trustee two series port authority consolidated bonds holder port authority consolidated bonds behalf holders bonds trial superior ruled statutory repeal reasonable exercise new jersey police power declared prohibited contract clause counterpart new jersey constitution art iv accordingly appellant complaint dismissed super new jersey direct appeal per curiam opinion affirmed substantially reasons set forth trial opinion noted probable jurisdiction background compact granted port authority enumerated powers art iii additional powers shall conferred upon legislature either state concurred legislature act acts congress powers enumerated art vi among full power authority purchase construct lease operate terminal transportation facility within said district transportation facility defined art xxii include railroads steam electric use transportation carriage persons property port authority conceived financially independent entity funds primarily derived private investors preamble compact speaks encouragement investment capital port authority given power mortgage facilities pledge revenues secure payment bonds issued private investors see generally bard port new york authority initial policy regarding mass transit soon port authority inception two consent congress stat agreed upon comprehensive plan entity development laws laws plan concerned primarily solely transportation freight carriers movement passengers port authority district plan however implemented new jersey legislature time declared plan include problem passenger traffic even though problem considered port development commission laws port authority recognized existence passenger service problem annual report annual report app new jersey legislature act approved governor directed port authority make plans supplementary amendatory comprehensive plan provide adequate interstate suburban transportation facilities passengers laws new york legislature followed suit bill encountered executive veto trial observed veto intents purposes ended legislative effort involve port authority active role commuter transit next years port authority fiscal policy four bridges motor vehicles constructed port authority separate series revenue bonds issued bridge revenue initially expectations bridges ultimately accounted much port authority financial strength legislatures transferred operation revenues successful holland tunnel port authority made early bridge deficits also enacted statutes creating general reserve fund port authority laws laws surplus revenues port authority facilities pooled fund create irrevocably pledged reserve equal par value port authority outstanding bonds level attained years later port authority abandoned practice specific facility revenues security bonds facility port authority consolidated bond resolution established present method financing activities method bonds secured pledge general reserve fund renewed interest mass transit meanwhile two struggled passenger transportation problem many studies made situation recognized critical great costs envisioned substantial deficits predicted mass transit operation port authority financed study conducted metropolitan rapid transit commission established assembly bill introduced new jersey legislature port authority take improve operate interstate rail mass transit new jersey new york bill opposed vigorously port authority legal financial grounds port authority also retaliated sense including new safeguard contracts bondholders prohibited issuance bonds secured general reserve fund new facility unless port authority first certified issuance bonds materially impair sound credit standing port authority app bill passed two consent congress pub stat created new jersey transportation agency deal matters affecting public mass transit within laws amended laws also two enacted legislation providing upon either state election port authority authorized purchase railroad passenger cars purpose leasing commuter railroads laws laws bonds issued purpose guaranteed electing state new york elected art effective january approximately million commuter car bonds issued port authority purchase passenger cars eight locomotives used penn central long island railroads statutory covenant takeover hudson manhattan railroad port authority proposed privately owned interstate electric commuter system linking manhattan newark hoboken hudson tubes reorganization many years bankruptcy district approved plan left cash sufficient continue operations two years funds capital expenditures hudson manhattan supp sdny aff sub nom spitzer stichman special committee new jersey senate formed determine whether port authority fulfilling statutory duties obligations app committee concluded solution bondholder concern imiting constitutionally protected statutory covenant port authority bondholders extent port authority revenues reserves pledged bondholders future applied deficits possible future port authority passenger railroad facilities beyond original hudson manhattan railroad system trial found new jersey legislature concluded necessary place limitation mass transit deficit operations undertaken authority future promote continued investor confidence authority statutory covenant result covenant part bistate legislation authorizing port authority acquire construct operate hudson manhattan railroad world trade center statute relevant part read covenant agree holders affected bonds hereinafter defined long bonds remain outstanding unpaid holders thereof shall given consent provided contract port authority neither port authority subsidiary corporation incorporated purposes act apply rentals tolls fares fees charges revenues reserves shall pledged whole part security bonds railroad purposes whatsoever permitted purposes hereinafter set forth laws laws passenger railroad deemed amount estimated authority average annual net income equaled exceeded average annual debt service following decade though covenant explicit point port authority bond counsel agreed state subsidy might included computation average annual net income facility permitted deficits alternative method permitted purpose iv defined mean annual estimated deficit including debt service hudson tubes additional railroad facility exceed general reserve fund port authority total bonded debt constitutional attack legislation containing covenant promptly launched new jersey new york joined defense attack proved unsuccessful courtesy sandwich shop port new york authority appeal dismissed see kheel port new york authority supp sdny aff cert denied legislation embracing covenant thus effective port authority september assumed ownership operating responsibilities hudson manhattan wholly owned subsidiary port authority corporation path funds necessary realized successful sale bonds private investors accompanied certification required consolidated bond resolution operation materially impair credit standing port authority investment status consolidated bonds ability port authority fulfill commitments bondholders certification based projection annual net loss path system level million time certification made general reserve fund contained million thus projected path deficit close level permitted deficits covenant path fare cents remained figure despite recommendations increase app result continuation low fare path deficits far exceeded initial projection thus although general reserve fund grown million substantially increasing level permitted deficits million path deficit grown million accordance stipulation parties trial found path deficit exceeded covenant level permitted deficits port authority unable issue bonds new passenger railroad facility prospective repeal covenant governor cahill new jersey governor rockefeller new york april jointly sought increased port authority participation mass transit november agreed upon plan expansion path system included initiation direct rail service kennedy airport construction line plainfield way newark airport plan anticipated port authority investment something less million projected total cost million difference supplied federal state grants also proposed make covenant inapplicable respect bonds issued legislation went effect program enacted effective may covenant thereby rendered inapplicable effect repealed respect bonds issued subsequent effective date new legislation laws laws amended laws retroactive repeal covenant soon developed proposed path expansion take place contemplated governors plan new jersey unwilling increase financial commitment response sharp increase projected cost constructing plainfield extension result anticipated federal grant approved app new jersey previously prevented outright repeal covenant attitude changed election new governor early bills pending two legislatures repeal covenant retroactively national energy crisis developing november congress enacted emergency petroleum allocation act stat amended et seq supp act congress found hardships caused oil shortage jeopardize normal flow commerce constitute national energy crisis threat public health safety welfare stat time proposals retroactive repeal covenant passed legislature signed governor state laws laws april port authority announced increase basic bridge tunnel tolls designed raise estimated million annually app went effect may said increase port authority ability finance vital mass transit improvements ii time constitution adopted nearly century thereafter contract clause one express limitations state power many decisions involving contract clause evidence important place constitutional jurisprudence last century however fourteenth amendment assumed far larger place constitutional adjudication concerning feel present role contract clause largely illuminated two decisions legislation sustained despite claim impaired obligations contracts home building loan assn blaisdell regarded leading case modern era contract clause interpretation issue minnesota mortgage moratorium law enacted depth depression state severe economic stress appeared effective alternative statute temporary measure allowed judicial extension time redemption mortgagor remained possession extension period required pay reasonable income rental value mortgagee closely divided opinion chief justice hughes observed emergency may furnish occasion exercise power constitutional question presented light emergency whether power possessed embraces particular exercise response particular conditions noted debates constitutional convention little aid construction contract clause general purpose clause clear encourage trade credit promoting confidence stability contractual obligations nevertheless state continues possess authority safeguard vital interests people principle harmonizing constitutional prohibition necessary residuum state power progressive recognition decisions great clauses constitution considered light whole experience merely interpreted framers conditions outlook time recent contract clause decision el paso simmons case concerned texas statute limited period reinstatement rights purchaser land state many years prior enactment statute defaulting purchaser texas law reinstated claim land upon written request payment delinquent interest unless rights third parties intervened held every modification contractual promise impairs obligation contract federal law observed state sovereign right protect general welfare people must respect wide discretion part legislature determining necessary quoting east new york savings bank hahn recognized power state modify affect obligation contract without limit held objects texas statute make abundantly clear impairs protected right contract clause cases eschewed rigid application contract clause invalidate state legislation yet neither indicated contract clause without meaning modern constitutional jurisprudence limitation state power illusory whether protection contract rights comports current views wise public policy contract clause remains part written constitution therefore must attempt apply constitutional provision instant case due respect purpose prior decisions iii first examine appellant general claim repeal covenant impaired obligation contract bondholders long established contract clause limits power modify contracts well regulate private parties fletcher peck cranch dartmouth college woodward wheat yet contract clause prohibit repealing amending statutes generally enacting legislation retroactive effects thus preliminary matter appellant claim requires determination repeal effect impairing contractual obligation case obligation created statute legislative covenant unnecessary however dwell criteria determining whether state legislation gives rise contractual obligation trial found appellees deny covenant constituted contract two holders consolidated bonds issued prospective repeal intent make contract clear statutory language covenant agree holders affected bonds laws laws moreover chronology set forth reveals purpose covenant invoke constitutional protection contract clause security repeal return promise received benefit bargained public marketability port authority bonds finance construction world trade center acquisition hudson manhattan railroad therefore doubt covenant properly characterized contractual obligation two parties sharply disagree value covenant bondholders appellant claims repeal secondary market affected bonds became thin price fell relation formerly comparable bonds claim supported trial finding immediately following repeal number months thereafter market price port authority bonds adversely affected appellees respond bonds nevertheless retained rating leading evaluating services initial adverse effect regained comparable price position market findings trial support claims well fact one sure precisely much financial loss bondholders suffered factors unrelated repeal may influenced price addition market may reacted fully even yet covenant repeal pending litigation possibility repeal nullified courts event question valuation need resolved instant case state made effort compensate bondholders loss sustained repeal security provision covenant superfluous limited port authority deficits thus protected general reserve fund depletion covenant merely modified replaced arguably comparable security provision outright repeal totally eliminated important security provision thus impaired obligation contract see richmond mortgage loan wachovia bank trust trial recognized impairment case extent repeal covenant authorizes authority assume greater deficits purposes permits diminution pledged revenues reserves may said constitute impairment contract bondholders thus established repeal impaired contractual obligation turn question whether impairment violated contract clause iv although contract clause appears literally proscribe impairment observed blaisdell prohibition absolute one read literal exactness like mathematical formula thus finding technical impairment merely preliminary step resolving difficult question whether impairment permitted constitution instant case blaisdell must attempt reconcile strictures contract clause essential attributes sovereign power necessarily reserved safeguard welfare citizens trial concluded repeal covenant valid exercise new jersey police power repeal served important public interests mass transportation energy conservation environmental protection yet contract clause limits otherwise legitimate exercises state legislative authority existence important public interest always sufficient overcome limitation undoubtedly whatever reserved state power must consistent fair intent constitutional limitation power blaisdell moreover scope state reserved power depends nature contractual relationship challenged law conflicts must possess broad power adopt general regulatory measures without concerned private contracts impaired even destroyed result otherwise one able obtain immunity state regulation making private contractual arrangements principle summarized justice holmes dictum one whose rights subject state restriction remove power state making contract hudson water mccarter yet private contracts subject unlimited modification police power blaisdell recognized laws intended regulate existing contractual relationships must serve legitimate public purpose state adopt policy repudiation debts destruction contracts denial means enforce legislation adjusting rights responsibilities contracting parties must upon reasonable conditions character appropriate public purpose justifying adoption customary reviewing economic social regulation however courts properly defer legislative judgment necessity reasonableness particular measure east new york savings bank hahn state impairs obligation contract doctrine different basis initial inquiry concerns ability state enter agreement limits power act future early fletcher peck considered argument one legislature abridge powers succeeding legislature cranch often stated legislature bargain away police power state stone mississippi doctrine requires determination state power create irrevocable contract rights first place rather inquiry purpose reasonableness subsequent impairment short contract clause require state adhere contract surrenders essential attribute sovereignty deciding whether state contract invalid ab initio doctrine earlier decisions relied distinctions among various powers state thus police power power eminent domain among contracted away state bind future exercise taxing spending powers formalistic distinctions perhaps dispositive contain important element truth whatever propriety state binding future course conduct contexts power enter effective financial contracts questioned financial obligation regarded theory relinquishment state spending power since money spent repay debts available purposes similarly taxing power may exercised debts repaid notwithstanding effects regularly held bound debt contracts instant case involves financial obligation thus threshold matter may said automatically fall within reserved powers contracted away every security provision however necessarily financial example revenue bond might secured state promise continue operating facility question yet promise surely validly construed bind state never close facility health safety reasons security provision issue however different promised revenues reserves securing bonds depleted port authority operation passenger railroads beyond level permitted deficits promise purely financial thus necessarily compromise state reserved powers course say financial restrictions covenant valid adopted finally resolve case contract clause absolute bar subsequent modification state financial obligations laws impairing obligations private contracts impairment may constitutional reasonable necessary serve important public purpose applying standard however complete deference legislative assessment reasonableness necessity appropriate state stake governmental entity always find use extra money especially taxes raised state reduce financial obligations whenever wanted spend money regarded important public purpose contract clause provide protection trial recognized extent special status state financial obligations held total repudiation presumably even worthwhile public purpose unconstitutional trial regarded protection contract clause available extreme case inherent power protect public welfare may validly exercised contract clause even impairs contractual obligation long destroy trial total destruction test based think misreading worthen kavanaugh first place impairment held unconstitutional kavanaugh one affected value security provision certainly every bond worthless importantly justice cardozo needed state outermost limits test opinion impairment egregious expressly recognized actual line permissible impermissible impairments well drawn narrowly thus trial correct drew negative inference impairment less oppressive one kavanaugh necessarily constitutional extent impairment certainly relevant factor determining reasonableness sustain repeal covenant simply bondholders rights totally destroyed time century alteration municipal bond contract sustained faitoute iron steel city asbury park case involved new jersey municipal finance act provided bankrupt local government placed receivership state agency plan composition creditors claims required approved agency municipality amount creditors plan binding nonconsenting creditors state conducted hearing found municipality otherwise pay creditors plan best interest creditors specific composition plan issue faitoute holders revenue bonds received new securities bearing lower interest rates later maturity dates however rejected dissenting bondholders contract clause objections reason old bonds represented theoretical rights practical matter city raise taxes enough pay creditors old contract terms composition plan enabled city meet financial obligations effectively necessity compelled unexpected financial conditions modify original arrangement discharging city debt implied every obligation reason thereby obligation discharged impaired thus found composition plan adopted purpose effect protecting creditors evidenced approval indeed market value bonds increased sharply result plan adoption clear instant case involves much serious impairment occurred faitoute one suggested acted purpose benefiting bondholders serious contention value bonds enhanced repeal covenant appellees recognized impracticable obtain consent bondholders change covenant brief appellees even though approval adequate see supra therefore conclude repeal covenant sustained basis prior decisions faitoute municipal bond cases mass transportation energy conservation environmental protection goals important legitimate public concern appellees contend goals important harm bondholders repeal covenant greatly outweighed public benefit accept invitation engage utilitarian comparison public benefit private loss contrary justice black fear expressed sole dissent el paso simmons balanced away limitation state action imposed contract clause thus state refuse meet legitimate financial obligations simply prefer spend money promote public good rather private welfare creditors sustain repeal covenant impairment reasonable necessary serve admittedly important purposes claimed state specific justification offered repeal covenant plan encouraging users private automobiles shift public transportation intended discourage private automobile use raising bridge tunnel tolls use extra revenue tolls subsidize improved commuter railroad service appellees contend repeal covenant necessary implement plan new mass transit facilities possibly covenant permitted deficits level already exceeded reject justification repeal neither necessary achievement plan reasonable light circumstances determination necessity considered two levels first said total repeal covenant essential less drastic modification permitted contemplated plan without entirely removing covenant limitations use port authority revenues reserves subsidize commuter railroads second without modifying covenant adopted alternative means achieving twin goals discouraging automobile use improving mass transit appellees contend however choosing among alternatives matter legislative discretion state completely free consider impairing obligations contracts par policy alternatives similarly state free impose drastic impairment evident moderate course serve purposes equally well el paso simmons supra imposition statute limitations previously perpetual right redemption regarded quite clearly necessary achieve state vital interest orderly administration school lands program instant case state failed demonstrate repeal covenant similarly necessary also conclude repeal covenant reasonable light surrounding circumstances regard comparison el paso simmons supra instructive century statute effects unforeseen unintended legislature originally adopted result speculators placed position obtain windfall benefits held adoption statute limitation reasonable means restrict party gains reasonably expected contract adopted contrast instant case need mass transportation new york metropolitan area new development likelihood publicly owned commuter railroads produce substantial deficits well known early half century ago pressures involve port authority mass transit full knowledge concerns covenant adopted indeed covenant specifically intended protect pledged revenues reserves possibility concerns lead port authority greater involvement deficit mass transit period adoption covenant repeal public perception importance mass transit undoubtedly grew increased general concern environmental protection energy conservation concerns unknown subsequent changes degree kind say changes caused covenant substantially different impact adopted conclude repeal reasonable light changed circumstances therefore hold contract clause constitution prohibits retroactive repeal covenant judgment new jersey reversed ordered justice powell took part consideration decision case footnotes name originally port new york authority laws laws changed port authority new york new jersey effective july laws laws appellant trustee fortieth series port authority consolidated bonds aggregate principal amount million time complaint filed appellant also held approximately million consolidated bonds account custodian fiduciary several capacities million consolidated bonds outstanding state new york party case although attorney general filed brief amicus curiae challenge parallel new york statute pending new york county new york since trust new york new york port authority possessed taxing power unable pledge credit either state trial found terms compact power levy taxes pledge credit either state expressly withheld authority inception exception monies advanced loans authority required finance facilities solely money borrowed public repaid revenues derived operations reason financial limitations two concepts initially emerged played important role realization purposes authority created first specific projects undertaken authority revenues sufficient cover operating expenses debt service requirements second since authority public agency creditors direct control bondholders protected covenants authority ultimate control operations super two subsequently took steps protect port authority financial integrity see example statutory declarations authorize construction competitive bridges within district limit right port authority levy charges tolls deemed necessary produce revenues fund bonds laws laws parties agreement original perception compact plan appellant claims port authority organized freight coordinating agency brief appellant whereas appellees challenge description emphasize presence mass transit problem factor profound concern port authority development brief appellees trial found neither commission recommended creation port authority comprehensive plan contemplated responsibility agency passenger transit governor alfred smith statement support veto said great disappointment find opposition railroads prevented date making real progress working program freight distribution port always main object purpose port new york authority satisfied port authority stick program entirely unwilling give approval measure expense solution great freight distribution problem set port authority entirely new line problem connected solution suburban passenger problem app appellees state creation general reserve fund made port authority fiscal strength possible brief appellees parties however disagreement actual proper fiscal policy port authority appellant claims facility prospects producing sufficient revenue support appellees position apparent assertion although concept may initially emerged trial stated concept practical significance attained prior unnecessary establishment general reserve fund brief appellees trial observed upon adoption consolidated bonds resolution concept ceased significance previously attached issue instant case part statutory covenant omitted quoted material text promises impair port authority control fees services provision repealed even prospectively notwithstanding permitted deficits formula covenant permits use port authority revenues mass transit bondholders give consent procedures obtaining consent provided consolidated bond resolution app port authority commissioned study first boston corporation proposed placing surcharge bridge tunnel tolls extra revenues going special fund secure bonds mass transportation projects proposal diminished historic reserves pledged secure bonds study concluded however increase interest rates existing bonds necessary obtain favorable vote bondholders evidence record proposal win bondholder approval partly requisite procedures unwieldy introductory statement appended new jersey bill recited bill also designed preclude application covenant holders bonds newly issued effective date act maintaining status quo rights holders bonds issued march effective date covenant legislation prior effective date act earlier new york legislature enacted governor signed bill repealing covenant entirety laws new jersey adopt necessary complementary legislation time amendment new york legislation noted text enacted conform new jersey statute governor wilson new york upon signing state repealer observed great reluctance approve bill overturns solemn pledge state take extraordinary step lead end existing controversy validity statutory covenant controversy adverse affect sic upon administration financing port authority lead speedy resolution courts questions issues concerning validity statutory covenant province courts decide questions constitutionality prevent covenant issue brought especially unanimously expressed desire members houses new york state legislature well expressed governor houses legislature state new jersey app contract clause phrase constitution contains prohibition state enacting bill attainder ex post facto law notwithstanding chief justice marshall reference two forbidden categories fletcher peck cranch clear limit powers regard imposition punishment cummings missouri wall calder bull dall due process clause fourteenth amendment generally prohibit retrospective civil legislation unless consequences particularly harsh oppressive welch henry see usery turner elkhorn mining general statute treated contract language circumstances evince legislative intent create private rights contractual nature enforceable state compare dodge board education indiana ex rel anderson brand addition statutes governing interpretation enforcement contracts may regarded forming part obligation contracts made aegis see infra see generally hale contract clause ii harv rev enactment covenant retrospective repeal port authority issued sold public million consolidated bonds fortieth series appellant trustee issued prospective repeal prior retrospective repeal holders bonds parties covenant since undoubtedly power repeal covenant prospectively see ogden saunders wheat subsequent bondholders arguably like beneficiaries covenant testimony record indirectly protected bonds outstanding time prospective repeal excess billion expected retired foreseeable future app need decide whether indirect relationship supports standing challenge retroactive repeal however appellant also sued holder consolidated bonds million issued contract rights form property may taken public purpose provided compensation paid contributors pennsylvania hospital philadelphia see el paso simmons black dissenting obligations contract long regarded including express terms also contemporaneous state law pertaining interpretation enforcement said laws subsist time place making contract performed enter form part expressly referred incorporated terms home building loan assn blaisdell quoting von hoffman city quincy wall see also ogden saunders opinions washington thompson principle presumes contracting parties adopt terms bargain reliance law effect time agreement reached always unconstitutional however changes statutory remedies affect contracts early years contract clause regarded absolute bar impairment result reached treating remedies manner distinct substantive contract obligations thus example state abolish imprisonment debt elimination remedy impair underlying obligation penniman case mason haile wheat see sturges crowninshield wheat yet also recognized early distinction remedies obligations absolute impairment remedy held unconstitutional effectively reduced value substantive contract rights green biddle wheat see also bronson kinzie von hoffman city quincy recent decisions relied distinction primarily recognized obligations well remedies may modified without necessarily violating contract clause el paso simmons home building loan assn blaisdell although largely outdated formalism distinction may viewed approximating result particularized inquiry legitimate expectations contracting parties parties may rely continued existence adequate statutory remedies enforcing agreement unlikely expect state law remain entirely static thus reasonable modification statutes governing contract remedies much less likely upset expectations law adjusting express terms agreement respect repeal covenant seen serious disruption bondholders expectations accord stephenson binford manigault springs see home building loan assn blaisdell blaisdell suggested limitations since subsumed overall determination reasonableness legislation sustained blaisdell adopted pursuant declared emergency state strictly limited duration subsequent decisions struck state laws limited worthen thomas relief limited time amount circumstances need treigle acme homestead emergency temporary measure later decisions abandoned limitations absolute requirements veix sixth ward building loan emergency need declared relief measure need temporary east new york savings bank hahn approving extension mortgage moratorium undoubtedly existence emergency limited duration relief measure factors assessed determining reasonableness impairment regarded essential every case stone mississippi sustained state revocation charter operate lottery cases similarly held state without power enter binding contracts exercise police power future pierce oil city hope atlantic coast line goldsboro douglas kentucky see home building loan assn blaisdell new jersey wilson cranch held state properly grant permanent tax exemption contract clause prohibited impairment agreement holding never repudiated although tax exemption contracts generally received sympathetic construction see wright contract clause constitution contrast doctrine state contract away power eminent domain established since west river bridge dix see contributors pennsylvania hospital philadelphia doctrine state bound contract forbidding exercise police power almost old see supra state laws authorizing impairment municipal bond contracts held unconstitutional worthen kavanaugh louisiana pilsbury similarly tax municipal bonds held unconstitutional effect reduce contractual rate interest murray charleston number cases held state may authorize municipality borrow money restrict taxing power debt repaid louisiana ex rel hubert new orleans wolff new orleans von hoffman city quincy see fisk jefferson police jury contract payment public officer see also wood lovett indiana ex rel anderson brand truth cities borrow money contract repay interest acting sovereignties come level ordinary individuals contracts meaning similar contracts private persons hence instead undertaking state city pay reservation sovereign right withhold payment contract regarded assurance right exercised promise pay reserved right deny change effect promise absurdity murray charleston see el paso simmons faitoute iron steel city asbury park louisiana new orleans similar reasons dual standard review applied fifth amendment federal legislation abrogating contractual gold clauses clear distinction power congress control interdict contracts private parties interfere exercise constitutional authority power congress alter repudiate substance engagements borrowed money authority constitution confers perry cf norman baltimore see also lynch need money excuse repudiating contractual obligations note constitutionality new york municipal wage freeze debt moratorium resurrection contract clause rev kavanaugh state changed statutory procedure enforcing certain municipal assessments property owners holders bonds assessments pledged security found contract rights previous statutory scheme without classifying enforcement statutes substantive remedial held change unconstitutional took mortgage quality acceptable investment rational investor instant case state repudiated express promise rather one implied statutory scheme effect time contract thus instant case may regarded serious abrogation bondholders expectations occurred kavanaugh see supra dissent suggest post careful scrutiny unwarranted case harm bondholders relatively small reason however contractual obligations magnitude need impose barriers changes public policy remain free exercise powers eminent domain abrogate contractual rights upon payment compensation see supra fact sought divert new revenues subsidize mass transit covenant amended exclude additional bridge tunnel tolls revenue use limitation imposed change reduced covenant nullity continued prevent diminution revenues reserves historically secured bonds even plan contemplated use current revenues reserves formula computing permitted deficits perhaps modified without totally abandoning objective limitation port authority involvement deficit mass transit finally procedures obtaining bondholder approval modified consent present feasible means undertaking new projects see supra course express opinion whether lesser impairments constitutional transportation control strategies available require direct application revenues bridge tunnel tolls subsidize mass transit calling air pollution abatement measures new jersey administrator environmental protection agency encouraged close examination measures inter alia state taxes encourage vmt vehicle miles traveled reductions raising revenues benefit mass transit realignment toll structures elimination commuter discounts possibly increase tolls peak commuting times encourage carpools fed reg thus discourage automobile use taxes gasoline parking example use revenues subsidize mass transit projects within meaning covenant bridge tunnel tolls increased commuters decreased times excess revenue purposes general bridge act previously regarded elimination unforeseen windfall benefits reasonable basis sustaining changes statutory deficiency judgment procedures changes adopted several unexpected reductions property values depression permitted mortgagees recover far legitimate entitlement see gelfert national city bank honeyman jacobs richmond mortgage loan wachovia bank trust chief justice burger concurring view repeal covenant without running afoul constitutional prohibition impairment contracts state must demonstrate impairment essential achievement important state purpose furthermore state must show know known impact contract state interest time contract made reading opinion join emphasis note pointedly hold facts case particular less drastic modification pass constitutional muster ante justice brennan justice white justice marshall join dissenting decisions least century construed contract clause largely powerless binding state contracts limiting authority successor legislatures enact laws furtherance health safety similar collective interests polity short decisions established principle lawful exercises state police powers stand paramount private rights held contract today decision invalidating new jersey legislature repeal predecessor covenant rejects previous understanding remolds contract clause potent instrument overseeing important policy determinations state legislature time creating constitutional safe property rights embodied contract decision substantially distorts modern constitutional jurisprudence governing regulation private economic interests might understand though accept revival contract clause accordance coherent constructive view public policy elevation clause status regulator municipal bond market heavy price frustration sound legislative policymaking demonstrably unwise unnecessary justification today decision therefore remains mystery respectfully dissent holds new jersey repeal covenant constitutes unreasonable invasion contract rights hence impairment contract formulation legal standard test asserted impairments contracts unprecedented troubling constitution primarily intended preserve practical substantial rights maintain theories faitoute iron steel city asbury park necessary sketch factual background dispute discussing reasons concern view casual consideration substantial public policies prompted new jersey repeal covenant relatively inconsequential burdens resulted authority creditors belies conclusion state acted unreasonably seeking relieve citizens strictures earlier legislative policy era problems municipal planning increasingly demand regional rather local solutions port authority provides new jersey community readymade efficient regional entity encompassing square miles surrounding statue liberty notes outset public officials new york new jersey well aware authority heavy dependence public financing consequently beginning decade prior enactment covenant authority general reserve bonds primary vehicle public finance featured two rigid security devices designed safeguard investment bondholders first pursuant test authority disabled issuing new consolidated bonds unless best net revenues derived authority facilities least equal prospective debt service calendar year debt service outstanding proposed bonds maximum second according procedure known section certification authority may issue bonds finance additional facilities unless shall certify issue ensuing ten years longest term bonds proposed issued whichever shall longer materially impair sound credit standing authority app covenant existed alongside security provisions viewed simplest terms covenant served preclude authority investment participation transportation programs shifting financial focal point creditworthiness authority activities whole solvency proposed new transit project whereas section tests permit expanded involvement mass transportation provided enormous potential authority bridges tunnels aggregately suffice secure investments creditors covenant effectively foreclosed participation new project individually parties litigation apparent agreement functional mass transit systems capable satisfying requirement whether new jersey legislature acted wisely accepting new restriction quite irrelevant important passage years conclusively demonstrated effective barrier development rapid transit port region squarely conflicts legitimate needs new york metropolitan community persist next century urban mass transportation assistance act congress found within urban areas ability citizens move quickly reasonable cost become urgent national problem concurrently clean air act amended et advocated curtailment air pollution development strategies place heavy emphasis rapid transit alternatives automobile northern new jersey particular ambient levels among worst nation clean air act led new regulations premised policy development mass transit facilities expansion modification existing mass transit facilities essential effort reduce automotive pollution reductions vehicle use planning acquisition operation mass transit system remain regional state responsibility many improvements planned mass transit facilities state make possible people use mass transit instead automobiles fed reg response societal demands new jersey new york legislatures repealed covenant trial found april governors cahill rockefeller announced joint program increase port authority role mass transportation building rail link john kennedy international airport extending path commuter rail line authority control newark international airport parts new jersey super passed overwhelming bipartisan support houses legislature bill removes absolute statutory prohibition use revenues port new york authority railroad purposes statutory covenant together provision compact creating authority neither state construct competing facilities within port district forever preclude two undertaking vitally needed mass transportation projects removing present restriction bill jeopardize security port authority bondholders rights maintain security quoted ibid consideration factual background believe unsatisfactory never explicitly takes issue core new jersey defense repeal state faced serious growing environmental energy transportation problems covenant worked efforts remedying concerns indeed candidly concedes state purposes effectuating repeal admittedly important ante instead analysis focuses upon related peripheral matters example several hypothetical alternative methods proposed whereby new jersey might hope secure funding public transportation made basis holding repeal covenant necessary ante setting aside propriety surprising legal standard effort fashioning legislative program new york new jersey notably unsuccessful fact except proffered alternatives also amount repeal substantial modification covenant none suggestions compatible basic antipollution strategies crucial metropolitan new york accurately recognizes environmental transportation program new york area rests upon campaign inten discourage private automobile use raising bridge tunnel tolls use extra revenue tolls subsidize improved commuter railroad service ante strategy arbitrarily casually created dictated contemporaneous federal enactments clean air act stems new york city unique geographic situation longstanding provisions federal law require existence reasonable expenses may include diversion mass transit subsidies precondition increase interstate bridge tolls various alternative proposals perhaps interesting speculations simply responsive new york new jersey real environmental traffic problems event intrude deeply complex localized policy matters legislatures judiciary resolve equally unconvincing contention repeal covenant unreasonable environmental energy concerns prompted action unknown subsequent changes degree kind ante nowhere told state policy matter responsive general welfare citizens reasonable confronts issues previously absolutely unforeseen indeed arbitrary perspective seems peculiarly inappropriate case like least three new independent congressional enactments years summoned major urban centers like new york new jersey action environmental energy transportation fields short record neither understand accept characterization new jersey action unreasonable treatment new jersey legitimate policy interests inadequate consideration countervailing injury ostensibly suffered appellant barely discernible apparently holds mere technical impairment contract suffices subject new jersey repealer serious judicial scrutiny invalidation contract clause ante modest statement economic injury today attracts judicial intervention however understandable fairly read record us makes plain repeal covenant occasioned minimal damage part authority bondholders obviously heart obligation bondholders interests ostensibly safeguarded covenant periodic payment interest repayment principal due indeed contend either new jersey authority called question validity underlying obligations creditor complains public authorities defaulted coupon payment failed redeem bond matured fact even offer reason whatever fearing result covenant repeal securities appellant portfolio jeopardized contention made face finding trial judge referring increasingly lucrative financial position authority date covenant repeal comparison concluded suffice say security afforded bondholders substantially augmented vast increase authority revenues reserves authority financial ability absorb greater deficits whatever source without significant impairment bondholder security correspondingly increased bottom line plaintiff proofs issue simply evidence fails demonstrate secondary market price authority bonds adversely affected repeal covenant except price effect dissipated insofar related enactment repeal emphasis supplied claim bondholder security materially impaired destroyed repeal simply supported record pledge authority net revenues reserves remains intact authority still barred issuance new consolidated bonds unless test required cbr met authority continue prohibited issuance consolidated bonds bonds secured pledge general reserve fund without certification required section series resolutions wit opinion authority estimated expenditures connection additional facility bonds issued ensuing ten years impair sound credit standing authority investment status consolidated bonds authority obligations consolidated bondholders emphasis supplied ii today dusts contract clause thereby undermines bipartisan policies two manifestly seek legitimate needs citizens analysis submit fundamentally misconceives nature contract clause guarantee one fundamental premises popular democracy generation representatives remain responsive needs desires represent crucial end assurance new legislators automatically bound policies undertakings earlier days accordance philosophy framers constitution conceived contract clause primarily protection economic transactions entered purely private parties rather obligations involving state see gunther constitutional law schwartz commentary constitution pt rights property wright contract clause constitution framers fully recognized nothing jeopardize legitimacy system government relies upon ebbs flows politics clean rascals possibility rascals might perpetuate policies simply locking binding contracts following early opinion however took first step applying contract clause public undertakings fletcher peck cranch later decisions attempted define reach clause consistently demands governing processes central principle developed decisions beginning least century ago contract clause challenges raised appellant resolved according unusual deference lawmaking authority state local governments especially state acts furtherance variety broad social interests came clustered together rubric police powers see freund police power particular matters health safety preservation natural resources decisions pursued course steady return intention constitution framers closely circumscribing scope contract clause theme judicial underlying premise state always retains sovereign authority legislate behalf people commonly expressed doctrine contract clause even recognize efforts state enter contracts limiting authority succeeding legislators enact laws behalf health safety similar collective interests polity short state police power inalienable contract example fertilizing hyde park illinois general assembly granted fertilizer company corporate charter run years corporation thereafter invested factory depot land owned within area designated charter five years later village authorities hyde park adopted ordinance rendered company charter valueless prohibiting transportation offal within village forbidding operation fertilizer factory within village confines nonetheless rejected contention new ordinance offended contract clause doubt police power state applicable adequate give effectual remedy nuisance power belonged federal constitution adopted surrender pure air comfortable enjoyment property much rights belonging village residents right possession occupancy company charter sufficient license revoked regard contract guaranteeing locality originally selected exemption fifty years exercise police power state however serious nuisance might become future irrevocable grants property franchises may made impair authority make laws right government state legislature curtail power successors make laws may deem proper matters police one denies legislative power extends matters affecting public health public morals settled neither contract clause due process clause effect overriding power state establish regulations reasonably necessary secure health safety good order comfort general welfare community power neither abdicated bargained away inalienable even express grant contract property rights held subject fair exercise clearly unreasonable arbitrary applying standard ndoubtedly city acting arm state wide discretion determining precautions public interest necessary appropriate circumstances new orleans pub supra reading earlier constitutional doctrine aided cases contract clause held forestall state efforts intentionally withhold creditors unpaid interest von hoffman city quincy wall principal louisiana ex rel hubert new orleans wolff new orleans outstanding bonded indebtedness beyond dispute contract clause come prohibit state embarking policy motivated simple desire escape financial obligations injure others repudiation debts destruction contracts denial means enforce home bldg loan assn blaisdell supra constitution permit state recklessly pursue legitimate policies involving matters health safety like studied indifference interests mortgagee appropriate protection worthen kavanaugh regard merely creates straw man characterizes choice facing today either adopting new expansive view scope contract clause holding clause provide protection ante constitution properly prohibits new jersey disadvantaging creditors without reasonable justification spirit oppression new jersey claims prerogatives state manifestly acts furtherance citizens general welfare choice policy even though infringing contract rights plainly unreasonable arbitrary denver denver inquiry end question whether legislation addressed legitimate end measures taken reasonable appropriate end home bldg loan assn blaisdell supra justice cardozo opinion worthen kavanaugh prime exposition modern view relief measure financially depressed local governments arkansas enacted statute greatly diminished remedies available creditors bonds resulted remedial scheme whereby creditors without effective remedy minimum years time government obligation pay principal interest suspended invalidated alteration remedies however concluding challenged state law cut recklessly excessively value creditors bonds ith studied indifference interests mortgagee appropriate protection state taken mortgage quality acceptable investment rational investor viewed state action seen oppressive unnecessary destruction nearly incidents give attractiveness value collateral security present case trial expressly applied kavanaugh standard new jersey repeal covenant properly found appellant claim wanting material respects detailed persuasive discussion concluded neither new jersey new york repealed covenant intention damaging creditors financial position rather acted vital interest passage time events satisfied legislatures two public interest port authority intended serve met within terms covenant creditors corresponding injury even remotely reach proscribed kavanaugh authority bonds remained acceptable investment claim bondholder security materially impaired destroyed repeal simply supported record read today opinion hold trial erred application facts case justice cardozo formulation instead manages take refuge fact kavanaugh left open possibility test enunciated may merely represent outermost limits state authority ante submit slender thread upon hang belated revival contract clause years later event whatever opening remained kavanaugh surely closed justice frankfurter faitoute iron steel city asbury park speaking unanimous employed precise constitutional standard established justice cardozo seven years earlier upheld contract clause new jersey plan reorganize outstanding debt obligations held creditors asbury park thereby authorized impairment creditors financial interests far substantial involved fact reorganization plan extended maturity date city bonds years reduced relevant coupon rate yet rather suggesting today new jersey possessed lesser authority public interest amend contracts alter private undertakings made clear state powers expansive respective parties private persons persons corporations whose rights powers created public purposes legislative acts contract one affects safety welfare public quoting chicago nebraska blaisdell opinion amounted comprehensive restatement principles underlying application contract clause makes quite clear ot constitutional provision qualified measure control state retains remedial processes state also continues possess authority safeguard vital interests people matter legislation appropriate end result modifying abrogating contracts already effect domain reserve power state must respect wide discretion part legislature determining necessary token unforeseeability key reasonable decision contends ante almost prior cases must repudiated surely legislators illinois convincingly claimed surprise fertilizer company polluted air transported fertilizer factory fertilizing hyde park supra unforeseeable mississippi corporation expressly chartered operate lottery fact stone mississippi course unknown ante either debtor creditor municipality financial condition might falter faitoute iron steel city asbury park supra indeed foreseeability risk inheres process selecting appropriate coupon rate yet instances construe contract clause prevent confronting real problems legislators came believe action warranted province contest reasonable judgments duly authorized decisionmakers knebel hein supra thus occasion remark last term offers constitutional analysis rests upon abstraction without substance national league cities usery dissenting opinion given first case years seen fit invalidate purely economic social legislation strength contract clause one may hope prove rare phenomenon turning particularized appraisal facts also reason broader concern worth remembering nothing sacrosanct contract property rights less contract rooted certain expectations sanctity one right ownership compare ante bentham theory legislation constitutional doctrines akin contract clause directing protections property interests private parties hence command fifth amendment private property shall taken public use without compensation also remains part written constitution ante heyday economic due process associated lochner new york similar cases long since discarded see whalen roe supra treated liberty contract due process clause virtually indistinguishable contract clause gunther constitutional law hale contract clause iii harv rev recent times however wisely come embrace coherent unified interpretation constitutional provisions granted wide latitude valid exercise police powers goldblatt hempstead even results severe violations property rights see pittsburgh alco parking sproles binford miller schoene cf williamson lee optical today case signals return substantive constitutional review policies new resolve protect property owners whose interest circumstances may happen appeal members citizens new jersey new york losers iii want read suggesting blithely proceed path repudiating obligations financial otherwise credibility credit market obviously highly dependent exercising vast lawmaking powers discipline one little doubt jurisdictions choose use authority foolish ly kill goose lays golden eggs erie public util final analysis reason doubt appellant financial welfare adequately policed political processes bond marketplace role played constitution limited one supra learned long ago constitution contract due process clause actively intrude economic policy matters brethren prepared bear enormous institutional social costs consider potential dangers judicial interference intolerable dissent covenant enable authority finance passenger railroad facilities level permitted deficits defined general reserve fund total bonded indebtedness notes passing provision permitted perhaps even contemplated additional port authority involvement deficit rail mass transit ante formula restricts authority small percentage fund even though aggregate reserves revenues may far exceed expenses creditor claims event parties stipulated practical matter authority unable expand involvement rapid transit reliance alternative formula app covenant merely bind authority hands decades rather covenant preclude deployment authority toll revenues public transit needs bonds previously issued covenant retired appellant trust company advises covenant thus continues practical matter year brief appellant even repealed prospectively suggested ante see infra see ante puzzled whether really intends alternatives taken seriously view closing reminder even lesser impairments also may found unconstitutional fact means new jersey new york remedy contract clause defects merely modifying repeal covenant limit transit subsidization solely future toll increases policy followed actual practice today decision rendered temporary formalism cf friends earth carey friends earth carey friends earth epa cars entering leaving manhattan must pass bridges tunnels regulation tolls offers unusually convenient effective method discouraging automobile usage addition promising highly lucrative revenue base thus toll funds diverted rapid transit needs increase bridge revenues necessarily produce expansion authority general reserve fund well beyond necessary contemplated protection bondholders faced mere accumulation capital federal highway administrator acting general bridge act evidently obligated disallow toll increases reasonable act see generally delaware river port authority tiemann department transportation however stated areas new york philadelphia san francisco bridge toll revenues provide significant support transit capital operating costs thereby providing transit service improvements promote decreased dependence automobile travel app department recommended diversion funds serve rapid transit needs qualify reasonable therefore capable supporting general increase toll revenues ibid stark contrast suggested alternative policies outlined ante permit general increase bridge tolls coordination bridge toll transit subsidization strategies central antipollution effort metropolitan new york therefore today considered secondary inadequate serve community needs see supra short alternatives leaves ante deny access authority tolls even though represent potentially lucrative revenue source tapped without injury bondholders see part infra indeed emphasis existence changed circumstances leads embrace rather perverse constellation values new jersey desire care health environmental energy needs citizenry relegated lesser importance desire texas el paso simmons deny windfall economic gains purchasers school land state ante course dispute importance texas stake simmons surely reasonable ordering values social objectives compel conclusion state concern citizens health general welfare far deserving recognition found net revenues authority increased period authority available excess debt service requirements corresponding figures respectively thus prior following repeal covenant authority revenues earned surplus continued unhampered overwhelmingly impressive growth indeed one anomalous aspects suit willingness invalidate act state new jersey indirectly new york apparently recognizing action creditors damages action fix compensation trial findings raise serious doubt compensable monetary loss found ante sidestepping damages question mandating reinstatement covenant manages burden port authority unwanted contract relieving need establish tangible economic injury arising covenant repeal suggests protection afforded bondholders today may well prove purely illusory even mandate issues new jersey told may condemn repeal covenant offer compensation creditors see ante however light trial factual conclusions promise compensation entitle bondholders little financial recovery fundamental soundness authority bonds reflected ratings received principal financial surveys moody standard poor following repeal covenant trial found bonds carried rating prior enactment covenant enacted prospectively repealed retroactive repeal act one scholar example undertaking extensive research history constitutional convention concluded evidence constitution framers perceived contract clause applicable public agreements evident discussed clause relation private contracts contracts individuals wright contract clause constitution moreover careful search failed unearth statements even suggesting contract clause intended apply private contracts indeed professor wright found two antifederalists neither member convention ever suggested clause support broader meaning encompassing public contracts interpretations denied members convention denials challenged ibid parallel doctrines worked end freeing contractual duties allegedly imposed earlier legislators example long held applying contract clause government contracts every ambiguity gap strictly construed behalf state grants public nothing passes implication charles river bridge warren bridge pet every reasonable doubt resolved adversely private party claiming contract nothing taken conceded given unmistakable terms implication equally clear affirmative must shown silence negation doubt fatal claim doctrine vital public welfare fertilizing hyde park along lines noteworthy state law new jersey raises serious doubts concerning reasonableness appellant reliance covenant permanent protection later laws enacted state legislature case involving alleged impairment township municipal bonds hourigan north bergen township state highest declared well established doctrine interdiction statutes impairing obligation contracts prevent state exercising powers vested promotion common weal necessary general good public though contracts entered individuals may thereby affected power various ramifications known police power exercise sovereign right government protect lives health morals comfort general welfare people paramount rights contracts individuals power subject limitations certain cases wide discretion part legislature determining necessary discretion courts ordinarily interfere view therefore appellant held purchased authority bonds subject knowledge new jersey law state obligation conditionally undertaken subject reasonable future legislative action record raises similar doubts ambiguities thus state senator farley chaired committee inquired status authority bonds prior enactment covenant noted well appreciate impair obligation contracts bond issues likewise commissioner clancy port authority lawyer know one legislature bind involving policy five ten twenty years hence app emphasis supplied may well appellant subjectively believed covenant unimpeachable state law given doubts hesitancies contained record principles established earlier cases extending back john marshall require doubt fatal appellant claim fertilizing supra among difficulties attempt categorize inviolable legislation powers contract clause depends upon conception state sovereignty simplistic unpersuasive told contract clause require state adhere contract surrenders essential attribute sovereignty ante applying principle finds taxing spending powers unlike power eminent domain lie outside rule ante today one might well supposed authority tax spend money generally make basic financial decisions among important governmental powers indeed last term announced state decision pay employees less minimum wage decision far less importance citizens generally efforts derive funding improving facilities directly vitally affect health safety immune federal regulation commerce clause authority previously thought virtually plenary nature reasoned decision falls within sovereign powers qua national league cities usery one may rightfully feel unease process developing concept state sovereignty marked neither consistency intuitive appeal event addition resting dubious conception sovereignty effort demonstrate free contract away taxing spending powers hence free enter effective financial contracts notwithstanding later exercises police power must fail untenable true new jersey wilson cranch contract clause precludes legislature repudiating grant tax exemption never explicitly overruled subsequent cases almost uniformly avoided adherence either reasoning holding see new york ex rel clyde gilchrist seton hall college south orange rochester rochester wisconsin powers morgan louisiana cases appreciate today decision operative consideration constitutional purposes whether contract branded financial rather adjudging constitutionality exercise sovereign authority state seton hall college supra financial otherwise contract clause tolerates reasonable legislative acts service broader interests society generally makes clear contemplates stricter judicial review contract clause government obligations issue points case support multiheaded view scope clause see ante noted previously see supra position finds support historical rationale inclusion contract clause constitution clear citation perry see ante offers support rewriting history case one gold clause cases perry challenged constitutionality congressional enactment authorized redemption outstanding gold bonds payment legal tender currency rather payment gold dollars containing grains gold fine value dollar gold bonds acquired perry complained inflation devalued worth legal tender respect gold therefore claimed financial injury conversion government defended actions ground gold clause obstructed congress express power regulate value money art accordingly argued congress free repudiate gold standard power although perry ultimately denied recovery found authority regulate value money permitting congress control interdict contracts private parties regard legal exchange rate include power repudiate government obligations governed entirely different constitutional provisions congress may borrow money credit art cl validity public debt shall questioned amdt thus differential standard perry emerged collision competing grants power federal government purport suggest contract clause federal counterpart fifth amendment standing alone produce different standards reviewing governmental interference public private contractual obligations newly announced standard review like formulations merely hope suggest direction inquiry take relative weight afforded constitutional right particular words like reasonable necessary also fused special meaning judges long experience applying standards constitutional contexts reasonableness generally signified relaxed regime judicial inquiry see dandridge williams classification reasonable basis offend constitution contrariwise element necessity traditionally played key role penetrating mode constitutional review see shapiro thompson classification burdens fundamental constitutional right must necessary promote compelling governmental interest new test therefore represents unusual hybrid manages merge two polar extremes judicial intervention see generally gunther foreword search evolving doctrine changing model newer equal protection harv rev one synthesis plainly courts apt face considerable confusion wielding schizophrenic new instrument well might today one fairly thought matter common sense well doctrine state policies necessary serve important public purpose ante fortiori reasonable however seems discover new meanings terms necessary appears comport notion less restrictive alternative applied instance however less restrictive alternative bears relationship previous uses analytical tool economic social matters involved thus actually inquire whether government achieve purposes challenged regulation equally effectively one narrower regulations struve principle economic due process harv rev rather concludes impairment contract necessary apparently able hypothesize means achieving state objectives even though alternatives long deemed secondary importance nn supra arguably unconstitutional ante approach contract clause cases history deferred state policymaking correctly decided see infra reasonableness test better longer mean defer reasonable judgments authorized policymakers knebel hein instead appears ask whether changed circumstances took state legislature surprise ante find basis prior cases adopting constrictive view constitutional test see infra course every reason expect appellant combined trust fiduciary holdings authority bonds amounting million powerless protecting interests either state legislature economic marketplace indeed myriad sophisticated investors investment banks market analysts regularly oversee operation bond market affairs municipalities appear search credit accordingly city state enters marketplace well aware treat creditors abusively market apt exact justice quicker surer anything hope offer brief appellant paradigm litigant neither discrete insular appealing time protection