American Express Travel Related Services (“Amex”) sells Amex Travelers Cheques (“TCs”), which are preprinted checks for specified amounts with a unique serial number and no expiration date. Amex is able to sell TCs for their face value because Amex’s contract with TC owners gives Amex the right to retain, use, and invest funds from the sale of TCs until the date the TCs are cashed. All states have unclaimed property laws requiring abandoned property to be turned over to the state while the original property owner still maintains the right to the property. The purpose of unclaimed property laws is to provide for the safekeeping of abandoned property and then to allow the rightful owner to claim the abandoned property. As these laws are applied to TCs, Amex sends the funds held as TCs to the state as unclaimed property with the serial number, amount, and date of sale, since the name of the TC owner is not known. When one of these TCs is cashed, Amex seeks to reclaim those funds from that state. In New Jersey, the Treasurer returns the funds with interest. Until recently, all states had a fifteen-year abandonment period for traveler’s checks. In 2010, New Jersey passed Chapter 25, shortening the abandonment period for traveler’s checks to three years. Amex challenges the constitutionality of the amendment. Explain whether the amendment violates any of the following provisions of the U.S Constitution: (a) Due Process Clause, (b) Contract Clause, (c) Takings Clause, or (d) Commerce Clause.
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