Cite as: 523 U. S. 155 (1998)
Kennedy, J., dissenting
Double Jeopardy Law After Rodney King, 95 Colum. L. Rev. 1, 38-44 (1995) (advocating a similar approach for double jeopardy claims involving combinations of federal and state offenses). The majority also wonders whether one could assimilate state laws forbidding robbery of state-chartered banks because a federal bank-robbery law did not require a state charter. Ante, at 163. But again, a jurisdictional element need not by itself allow assimilation, if all substantive elements of the offenses are identical.
Because the purposes of the ACA and double jeopardy law differ, some other adjustments to Blockburger may be necessary. For instance, Blockburger treats greater and lesser included offenses as the same to protect the finality of a single prosecution, but finality is not the purpose of the ACA. Congress chooses to allow greater and lesser included offenses to coexist at the federal level, though a particular offender cannot be convicted of both. So too the existence of a lesser included federal offense does not prevent the assimilation of a greater state offense under the ACA, or vice versa. See ante, at 171 (citing cases finding federal assault statute does not prevent assimilation of state child-abuse laws).
Another way in which the ACA differs from double jeopardy law is compelled by our own precedent interpreting the ACA. See Williams v. United States, 327 U. S. 711 (1946). Congress sometimes adverts to a specific element of an offense and sets it at a level different from the level set by state law. When the federal and state offenses have otherwise identical elements, assimilation is not proper. In the Williams case, for example, a state statutory-rape law set the age of majority at 18. Id., at 716. Congress had enacted a federal carnal-knowledge statute, setting the age of majority at 16. Id., at 714, n. 6. Once Congress had adverted to and set the age of majority, state law could not be used to rewrite and broaden this particular element. See id., at 717-718, 724-725. Because Congress had manifested
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