Skip to comments.Prof. Paul Moreno @ BigGovernment.com: "How Prostitution Killed the Constitution"
Posted on 09/15/2010 8:25:41 PM PDT by hillsdale1
This 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.
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The Civil War ended the Constitution when the principle was established that whoever had the greater force of arms would decide what the Constitution meant.
There is a lot of truth in what you say. Also, I think even those of us DEVOTED to what the Constitution SAYS should at least consider the idea that it ultimately proved a failure—of at least enforcement but also of interpretation. We’d have to do better next time.