850
Opinion of the Court
what conduct Congress has made a crime, it is appropriate, before choosing the harsher alternative, to require that Congress should have spoken in language that is clear and definite, United States v. Universal C. I. T. Credit Corp., 344 U. S. 218, 221-222. Moreover, unless Congress conveys its purpose clearly, it will not be deemed to have significantly changed the federal-state balance in the prosecution of crimes. Bass, 404 U. S., at 349. To read § 844(i) as encompassing the arson of an owner-occupied private home would effect such a change, for arson is a paradigmatic common-law state crime. Pp. 857-858.
178 F. 3d 479, reversed and remanded.
Ginsburg, J., delivered the opinion for a unanimous Court. Stevens, J., filed a concurring opinion, in which Thomas, J., joined, post, p. 859. Thomas, J., filed a concurring opinion, in which Scalia, J., joined, post, p. 860.
Donald M. Falk argued the cause and filed briefs for petitioner.
Deputy Solicitor General Dreeben argued the cause for the United States. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Malcolm L. Stewart, and David S. Kris.*
Justice Ginsburg delivered the opinion of the Court. It is a federal crime under 18 U. S. C. § 844(i) (1994 ed., Supp. IV) to damage or destroy, "by means of fire or an explosive, any . . . property used in interstate or foreign commerce or in any activity affecting interstate or foreign commerce." This case presents the question whether arson of an owner-occupied private residence falls within § 844(i)'s compass. Construing the statute's text, we hold that an owner-occupied residence not used for any commercial purpose does not qualify as property "used in" commerce or
*Briefs of amici curiae urging reversal were filed for the Cato Institute by Ronald D. Rotunda; for the Center for the Original Intent of the Constitution by Michael P. Farris; for the National Association of Criminal Defense Lawyers et al. by Jeffrey J. Pokorak and Barbara Bergman; for the Pacific Legal Foundation by Anne M. Hayes and M. Reed Hopper; and for Dale Lynn Ryan by John G. Roberts, Jr., and Gregory G. Garre.
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