Nondiscrimination in Insurance Act of 1983: Hearings Before the Subcommittee on Commerce, Transportation, and Tourism of the Committee on Energy and Commerce, House of Representatives, Ninety-eighth Congress, First Session, on H.R. 100 ... February 22 and 24, 1983

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23. lappuse - Not only are existing laws read into contracts in order to fix obligations as between the parties, but the reservation of essential attributes of sovereign power is also read into contracts as a postulate of the legal order. The policy of protecting contracts against impairment presupposes the maintenance of a government by virtue of which contractual relations are worth while — a government which retains adequate authority to secure the peace and good order of society. This principle of harmonizing...
22. lappuse - One whose rights, such as they are, are subject to state restriction, cannot remove them from the power of the state by making a contract about them.
506. lappuse - Greenough is chairman and chief executive officer of the Teachers Insurance and Annuity Association and the College Retirement Equities Fund, New York City.
24. lappuse - Federal regulation of future action based upon rights previously acquired by the person regulated is not prohibited by the Constitution. So long as the Constitution authorizes the subsequently enacted legislation, the fact that its provisions limit or interfere with previously acquired rights does not condemn it. Immunity from federal regulation is not gained through forehanded contracts. Were it otherwise the paramount powers of Congress could be nullified by 'prophetic discernment' The rights acquired...
476. lappuse - The American Academy of Actuaries is a professional organization of actuaries which was formed in 1965 to bring together into one organization all actuaries in the United States and to seek accreditation and greater public recognition for the profession.
24. lappuse - There is a clear distinction between the power of the Congress to control or interdict the contracts of private parties when they interfere with the exercise of its constitutional authority, and the power of the Congress to alter or repudiate the substance of its own engagements when it has borowed money under the authority which the Constitution confers.
124. lappuse - Moreover, since sex, like race and national origin, is an immutable characteristic determined solely by the accident of birth, the imposition of special disabilities upon the members of a particular sex because of their sex would seem to violate "the basic concept of our system that legal burdens should bear some relationship to individual responsibility...
27. lappuse - The severity of the impairment measures the height of the hurdle the state legislation must clear. Minimal alteration of contractual obligations may end the inquiry at its first stage. Severe impairment, on the other hand, will push the inquiry to a careful examination of the nature and purpose of the state legislation.

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