UNITED STATES of America, Plaintiff-Appellee, v. Jeffrey A. BALLEK, Defendant-Appellant

KOZINSKI, Circuit Judge.

The district court found defendant guilty of willfully failing to pay child support, in violation of the Child Support Recovery Act (CSRA), 18 U.S.C. § 228 (1994) (amended 1998). The court based its finding of willfulness on defendant’s failure to seek available employment, which would have earned him enough money to meet his child support obligations. Among the questions we consider is whether, so construed, the CSRA violates the constitutional prohibition against slavery.

I

Ballek and his wife were married in Alaska in 1976 and subsequently had four children. For over…