explaining “when [a] choice has to be made between two readings of what conduct Congress has made a crime, it is appropriate, before we choose the harsher alternative, to require that Congress should have spoken in language that is clear and definite” (quoting United States v. Universal C.I.T. Credit Corp., 344 U.S. 218 , 221–22 (1952))
How later courts described this case
- explaining “when [a] choice has to be made between two readings of what conduct Congress has made a crime, it is appropriate, before we choose the harsher alternative, to require that Congress should have spoken in language that is clear and definite” (quoting United States v. Universal C.I.T. Credit Corp., 344 U.S. 218 , 221–22 (1952))
- holding that by using the term “affecting . . . commerce,” “ ‘Congress did not define the crime described in [18 U. S. C.] § 844(i) as the explosion of a building whose damage or destruction might affect interstate commerce,’” and noting that the Court must look to other “qualifying language” in the provision to define the offense
- explaining that the different outcomes in the two cases resulted from factual differences in how the buildings were used—in Russell as a rental property and in Jones as a private residence—and not from legal differences in the meaning of “used in interstate . . . commerce”
- holding that federal arson statute does not encompass burning of owner-occupied residence not used for any commercial activity
Written by the judges who cited it.
The opinion
Justice Stevens,
with whom Justice Thomas joins, concurring.
Part II of the Court’s opinion convincingly explains why its construction of 18 U. S. C. § 844 (i) better fits the text and context of the provision than the Government’s expansive reading. It also seems appropriate, however, to emphasize the kinship between our well-established presumption against federal pre-emption of state law, see Ray v. Atlantic Richfield Co., 435 U. S. 151, 157 (1978), and our reluctance to “believe Congress intended to authorize federal intervention in local law enforcement in a marginal case such as this.” United States v. Altobella, 442 F. 2d 310, 316 (CA7 1971). The fact that petitioner received a sentence of 35 years in prison when the maximum penalty for the comparable state offense was only 10 years, Ind. Code §§35-43-1-1 , 35-50-2-5 (1993), illustrates how a criminal law like this may effectively displace a policy choice made by the State. Even when Congress has undoubted power to pre-empt local law, *860 we have wisely decided that “unless Congress conveys its purpose clearly, it will not be deemed to have significantly changed the federal-state balance.” United States v. Bass, 404 U. S. 336, 349 (1971). For this reason, I reiterate my firm belief that we should interpret narrowly federal criminal laws that overlap with state authority unless congressional intention to assert its jurisdiction is plain. *
See Landreth Timber Co. v. Landreth, 471 U. S. 681, 700, n. 2 (1985) (Stevens, J., dissenting); Bennett v. New Jersey, 470 U. S. 632, 654-655, n. 16 (1985) (Stevens, J., dissenting); Garcia v. United States, 469 U. S. 70, 89-90 (1984) (Stevens, J., dissenting); Bell v. United States, 462 U. S. 356, 363 (1983) (Stevens, J., dissenting); McElroy v. United States, 455 U. S. 642, 675 (1982) (Stevens, J., dissenting).