Essay on "Muscle Grow Case"

Essay 2 pages (556 words) Sources: 5

[EXCERPT] . . . .

The only action described in this case by a state that could potentially be interpreted as a violation of this clause is California's rendering Xerxes (Muscle Grow) illegal, yet this does not actually impair any previous contractual obligations, assuming any sales of Muscle Grow to in-state retailers or consumers had already been fulfilled by the time the law was passed (Which seems likely). The federal mandate to prosecute the makers and distributors of Muscle Grow ex post facto is certainly distasteful and might not survive a judicial challenge on other grounds (namely due process), but it does not violate the contracts clause.

4)

The details of Miles Twingley's employment position are not entirely clear; if he is a Texas Assistant District Attorney and thus part of the state's judicial system, and not a federal Assistant District Attorney working in the federal court system in Texas, then the Tenth Amendment gives the ADA (actually, the State) leeway in determining what to prosecute, and Twingley's job should be protected. If he is actually a federal ADA, however, and he refused to prosecute a case his superiors (whether Obama or someone else in the chain of command), then his job is not protected by the Tenth Amendment.

5)

Absolutely and unequivocally no, the President is not correct in asserting that her actions are constitutional simply by the fact that they were committed in her official capacity. Warrantless wiretapping has been deemed unconstitutional for decades, and in the very recent past. The President has defined powers in the Constitution, and there are also general limitations on governmental authority.…class='oops-no-preview'>NOTE:  We realize that this preview is short, but the Microsoft Word file that you download will contain all 2 page(s) of perfectly formatted text.