How Prostitution Killed the Constitution
by Dr. Paul MorenoThis year marks the centennial of the Mann “White Slave Act,” when Congress made it a federal offence to transport a woman across state lines for “immoral purposes.” Though the act is still on the books (as former New York Governor Eliot Spitzer can tell you), and has been made gender-neutral, it is usually seen as a relic of nineteenth-century moralism. In fact, no act did more to overturn the nineteenth-century constitutional order. The Mann Act was boldly challenged the idea that the Constitution limited Congress’ power the ends enumerated in Article One, section eight. It established an all-purpose federal “police power” that now permits Congress to regulate just about everything.

By 1910, Congress had already taken some steps toward the establishment of a police power—outlawing, for example, the interstate shipment of lottery tickets and of impure food and drugs. The U.S. had recently ratified a multinational treaty to stamp out the international trafficking in prostitutes. The act’s proponents emphasized that it was an attack on the big business of “commercialized vice.” The press and U.S. officials, particularly U.S. Attorney Edwin Sims in Chicago, claimed that a vast “white slave trust” was operating in the country, when in fact there was little coerced prostitution at all.
The bill raised constitutional objections in the House, often from states-rights advocates. But prostitution was so universally reviled that most overcame their constitutional scruples. Rep. William Cox of Indiana had doubts as to the bill’s constitutionality, but said that he “would unhesitatingly resolve that doubt in favor of its constitutionality on account of the enormity of the crime sought to be stopped and the evil intended to be remedied…. Who can be hurt by its provisions? None but the guilty.” The bill’s sponsor, Illinois Republican James R. Mann, claimed that the white-slave traffic, “while not so extensive, is much more horrible than any black-slave traffic ever was.” New York Representative William Sulzer denounced the “quibbling in regard to the constitutionality of the provisions of this bill. In this frightful matter I shall not allow technicalities to cloud my sense of immediate duty.” In an ominous sign of Congress’ progressive abdication of its constitutional duty, he said, “The courts must take the responsibility for its constitutionality.”






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