Whether the 'jurisdictional element' contained within 18 U.S.C. § 247, standing alone, serves to authorize congressional enactment of a criminal statute regulating non-economic acts of obstruction of another's free exercise of religion, under the 'substantially affects' category of the Commerce Clause

QUESTION PRESENTED For its constitutional authority to enact the Church Arson Prevention Act of 1996, Pub. L. 104-155 (1996)—codified as amended at 18 U.S.C. § 247—Congress invoked the broadest “substantially affects” category of the Commerce Clause, U.S. Const., Art. I, § 8, cl. 3. The legislation embodies direct federal regulation with respect to acts of obstruction against another’s free exercise of religion, as well as and including property damage. The statutory scheme includes a “jurisdictional element,” which the circuit court held to shield the Act from challenge. This petition presents the following question of national importance for the Court’s consideration: I. Whether the “jurisdictional element” contained within 18 U.S.C. § 247, standing alone, serves to authorize congressional enactment of a criminal statute regulating non-economic acts of obstruction of another’s free exercise of religion, under the “substantially affects” category of the Commerce Clause. i PARTIES TO PROCEEDING All parties to this proceeding appear in the caption of this Petition.