William O. Douglas

“ The danger of imputing to Congress, as a result of its failure to take positive or affirmative action through normal legislative processes, ideas entertained by the Court concerning Congress' will, is illustrated most dramatically perhaps by the vacillating and contradictory courses pursued in the long line of decisions imputing to 'the silence of Congress' varied effects in commerce clause cases. [12] That danger may be and often is equally present in others. More often than not the only safe assumption to make from Congress' inaction is simply that Congress does not intend to act at all. ”

“ Polygamy is a practice with far more pervasive influences in society than the casual, isolated transgressions involved in the Caminetti case. The establishment or maintenance of polygamous households is a notorious example of promiscuity. The permanent advertisement of their existence is an example of the sharp repercussions which they have in the community. We could conclude that Congress excluded these practices from the Act only if it were clear that the Act is confined to commercialized sexual vice. ”

“ That case concerned itself with the portion of the immigration statute forbidding 'the importation into the United States of any alien woman or girl for the purpose of prostitution, or for any other immoral purpose.' Significantly, however, the statute made separate provision for the exclusion of 'polygamists, or persons who admit their belief in the practice of polygamy.' Thus the phrase 'any other immoral purpose,' following the reference to prostitution, certainly did not comprehend polygamy. ”

“ The fact that the regulation of marriage is a state matter does not, of course, make the Mann Act an unconstitutional interference by Congress with the police powers of the States. The power of Congress over the instrumentalities of interstate commerce is plenary; it may be used to defeat what are deemed to be immoral practices ”

“ It is also urged that the requisite criminal intent was lacking since petitioners were motivated by a religious belief. That defense claims too much. If upheld, it would place beyond the law any act done under claim of religious sanction. But it has long been held that the fact that polygamy is supported by a religious creed affords no defense in a prosecution for bigamy. Reynolds v. United States, supra. Whether an act is immoral within the meaning of the statute is not to be determined by the accused's concepts of morality. Congress has provided the standard. ”

“ It is a chapter written in terms that misapply the statutory language and that disregard the intention of the legislative framers. It results in the imprisonment of individuals whose actions have none of the earmarks of white slavery, whatever else may be said of their conduct. ”

“ Budge, 14 Idaho 621, 654, 655, 95 P. 26.↑ Petitioners' activities extended into Arizona, California, Colorado, Idaho, Utah and Wyoming.↑ 'Of women: The offering of the body to indiscriminate lewdness for hire (esp. as a practice or institution) ; whoredom, harlotry.' 8 Oxford English Dictionary 1497.↑ 'Vicious indulgence in sensual pleasures.' 3 Oxford English Dictionary 79; 'Excessive indulgence in sensual pleasures of any kind; gluttony; intemperance; sexual immorality ”