1. When the United States prosecutes a foreign national for kidnapping a United States citizen in a foreign country, must the government prove that the defendant knew "the person seized or detained was a national of the United States"?

2. May Congress prosecute the foreign kidnapping-for-ransom of a United States citizen, lacking any relationship to Congress' regulatory authority under the Law of Nations Clause or any other enumerated power, as an exercise of the Necessary and Proper Clause and the Treaty Power?

Whether the federal Hostage Taking statute requires proof that the defendant knew the victim was a U.S. national