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prof. tunick
the mann act was enacted by congress through its power to regulate interstate commerce,
as a means of addressing the problem of prostitution and immorality in general. following
is a recent amended version of the legislation including commentary of the law's history
in the courts. the issue of concern for us is whether the act falls within the proper scope of
congress's power to regulate commerce among the states. does congress have the
authority to regulate prostitution? to regulate immoral activity that is not for gain, that is
not a commercial activity? following are excerpts.
18 uscs @ 2421 (1994) @ 2421.
*** this section is current through p.l. 103-321, approved
8/26/94 ***
title 18. crimes and criminal procedure part i. crimes
chapter 117. transportation for illegal sexual activity and
related crimes @ 2421.
transportation generally
whoever knowingly transports any individual in interstate or
foreign commerce, or in any territory or possession of the united
states, with intent that such individual engage in prostitution,
or in any sexual activity for which any person can be charged
with a criminal offense, shall be fined under this title or
imprisoned not more than five years, or both
history; ancillary laws and directives prior law and revision:
1948 act
this section is based on act june 25, 1910, ch 395, @@ 1, 2,
5, 8, 36 stat. 825--827 (former 18 u.s.c. @@ 397, 398, 401, and
404).
i. in general
1. generally
congress had power over transportation among states; that
power was complete in itself; and congress, as incident to it,
could adopt not only means necessary but convenient to its
exercise, and means could have quality of public regulation such
as predecessor to 18 uscs @ 2421. hoke v united states (1913)
227 us 308, 57 l ed 523, 33 s ct 281.
b. transportation