1. May a state prosecute a defendant for violating a statute enacted after the defendant's conduct, without violating the Ex Post Facto Clause, merely because the statute does not indicate that it applies retroactively?

2. Does the Fourteenth Amendment's Due Process Clause preclude a state from obtaining a conviction on the basis of a jury instruction that uses the precise language of a criminal statute enacted after the defendant's conduct and that broadens the scope of criminal liability?

May a state prosecute a defendant for violating a statute enacted after the defendant's conduct, without violating the Ex Post Facto Clause, merely because the statute does not indicate that it applies retroactively?