Shoulder

ORDER

The opinion filed on October 5,-2012, and appearing at 696 F.3d 922 is withdrawn. The superseding opinion will be filed concurrently with this order. The -parties may file an additional petition for rehearing or rehearing en banc.

OPINION

This appeal challenges the constitutionality of certain key provisions of the Sex *950 Offender Registration and Notification Act (SORNA). Pub.L. 109-248, §§ 101-55, 120 Stat. 587 , 590-611 (codified in scattered sections of U.S.C. (2006)). Defendant Mark Steven Elk Shoulder was prosecuted under 18 U.S.C. § 2250 (a) for failing to comply with the sex offender registration requirements set forth in 42 U.S.C. § 16913 . He now argues that his conviction was invalid, because SORNA violates the Ex Post Facto Clause and the Due Process Clause, and because Congress lacked the constitutional authority to enact SORNA. We reject these constitutional challenges and affirm the judgment of the district court.

I

The history of Congress’s activities in ensuring the registration of sex offenders provides the backdrop to the facts of this case.

A

In 1994, Congress enacted the Jacob Wetterling Crimes Against Children and Sexually Violent Offender…