Prostitution in the Constitution

chicken_ranchBack in December, France’s lower house of parliament voted to make prostitution a crime for those who pay for sex, subject to a fine of €1,500 ($2,030) for a first offense and €3,750 thereafter.  This new law follows similar laws in Sweden, Finland and Norway to restrict prostitution.  Even Germany is now having second thoughts about its decision over a decade ago to liberalize the world’s oldest profession.

Does this mean the U.S. federal government should follow suit and start looking at its own laws regarding the sex-for money-industry? In the eyes of the federal government, prostitution is legal. There are no statutes making it illegal, which is why some Nevada counties allow brothels to operate with abandon.

For millions of Tea Party and constitutional conservatives, prostitution is a thorny issue that mixes opposition of government regulation with issues of morality,  Many of us within the Tea Party find ourselves in conflict with what our opinion should be.  On the one hand, we want the federal government to stay out of our lives.  On the other we believe in the Bible and the standards of morality it prescribes.

Prostitution is a blight on America’s social fabric.  It occurs in every state, in every city.  The only solution is a federal ban on prostitution with the resources of the U.S. government brought to bear.

While exact number are hard to find, in 1999 a study released in cooperation with The Alliance for Speaking Truths on Prostitution and The Center for Urban and Regional Affairs estimated that more then $40 million per day was spent on prostitution which totals more then $14.6 billion per year.  Yet, with that lucrative of an industry, why do most prostitutes live in poverty? Most find themselves in the bottom of the income bracket with large portions of their income being paid out to pimps or agencies, health bills and legal fees.  The majority of prostitutes virtually give up their rights when they accept this career, because who can they run to when their rights are infringed?  Who can they look to for help when they suffer abuse or neglect?

In reality, the prostitution of women — and that’s who we are talking about most of the time — is a kind of violence against women.  Let’s not romanticize or glamorize what the business is. This isn’t something that is a highly-paid and exciting business for young women jet setting on yachts and five-star hotels. The majority of prostitution happens in underprivileged areas, where women are dominated and assaulted and battered.

Research shows it is not the prostitutes who control the money or have any say in the matter. It’s a business in which most prostitutes are not “free to choose” and whose rights are rarely respected or defended.  They get caught up in it and can’t leave.  The majority of those in the industry never were given the choice as some numbers suggest the majority of prostitutes were forced to begin selling themselves between the ages of 11-13.  Human trafficking and adolescent sexual abuse have become a very large problem in this Country, and any laws lessoning the punishment for sex crimes of any kind only encourages this evil to grow.

Just because prostitution may be an act between two consenting adults doesn’t mean that it’s right. It’s not a victimless crime. It’s a multibillion dollar business that exploits, debases and dehumanizes people.  I doubt too many little girls and boys begin life telling their teacher on career day that one day they aspire to become a male escort or a prostitute.

In reality, prostitution is a form of slavery for most and with the ratification of the 13th Amendment in December of 1865, Congress has the power to protect all citizens against being enslaved to another citizen.

The Tea Party movement, as a whole, should traditionally only make judgments on fiscal and Constitutional issues.  It ought to leave social issues to others. Because there are no specific provisions for or against prostitution found in our Constitution, the safety net of the 10th Amendment, leaving the powers of governance to the states, is traditionally referenced to keep the federal government out of prostitution.

But prostitution is an evil that ought to be tackled at a national level.  The Tea Party, doesn’t take the position of no Government; it calls for a limited Government.  For an industry that thrives on the infringement of a citizen’s rights, the Constitution does allow for the Government to make prostitution a federal crime – as it ought to be.


25 thoughts on “Prostitution in the Constitution”

  1. When government starts trying to regulate the sexual activities of humans, they are entering that same “Twilight Zone” they entered with prohibition. They simply cannot regulate what people are going to do, no matter how many laws they might try to make, whether on the local, state, or federal levels.

  2. I live in NV, Pahrump to be exact. I can virtually throw a stone and hit the Chicken Ranch & Sherrie’s. Pahrump does not have street walkers nor STDs. Las Vegas, (Prostitution not legal) has thousands of street walkers, call girls, rampant STDs and all the crime that comes with illegal Prostitution. Prostitution is the oldest profession in the world. We will never get rid of it, but we can keep it safe for all. I believe that NV law requires the girls to have a physical every 2 weeks, but both brothels in Pahrump make their girls have a physical every week. I know the doctor that performs those physicals.

  3. “The majority of prostitutes virtually give up their rights when they accept this career, because who can they run to when their rights are infringed? Who can they look to for help when they suffer abuse or neglect?”

    Why do you think that is? Because their business is criminalized.

  4. I believe the Constitution gives, to the individual states, powers that are not mentioned or specifically given to the Federal Government. That leaves the prostitution problem with the states. None of the Fed’s problems or business.

  5. Where do you get the numbers that a majority of prostitutes began the trade between the ages of 11 and 13. I believe that is a deliberate lie to get the results you want. There was a study done on prostitution in the 70’s and that study determined that drug addiction was the leading reason women prostituted themselves. The majority of teenage female runaways involved in prostitution were between 11 and 13 when they were introduced to the trade. Can’t trust any of these so called journalists!!

  6. Once upon a time, the federal government tried to regulate the social behavior of citizens. It was called Prohibition. It not only was an abysmal failure, but helped to create organized crime. No one would disagree that prostitution is bad. But there are some areas that the federal government should keep away from. Trying to control the personal habits of the citizenry, in any respect, is one of those areas.

  7. The war on drugs didn’t work. The war on poverty didn’t work and the war on prostitution will put people out of work. Neither the far left nor the far right seem to understand basic human nature and both want to impose their relative values on everybody else. Please don’t stain the tea party with this crap in the future.

    1. Agree: It’s time for a movement with a clear plan, and frankly the Tea Party lacks any clear and compelling vision. Certainly an issue like this is not essential to Federal Function and thereby must be a state issue.

      Our Federal Rights exist as a shield against State or Local laws that are too overreaching – we must avoid cherry picking “those issues” and stick to a new discipline of redefining the role of Federal Government.

      1. The role of the federal government has already been defined. It’s time we get back to that definition.

  8. No, Scottie, I disagree with you. The Federal Government needs to be cut by at least 50% and get back to National Defence, Border Security, regulating Interstate Commerce, and other basic duties. No more expansion of Federal powers. Everything else goes to the states as the Constitution calls for. The Federal Gov’t is just too big and tyrannical. No more duties to the Feds. We need a 50% haircut to the Federal payroll just like Harding and Coolidge did in the 1920’s.

  9. After we cut the Federal Gov’t payroll 50%, then we need to move the Federal Capitol to the middle of Kansas and away from the east coast.

  10. What on earth makes you think that the Federal Government, with all its resources, can be brought to bear effectively against prostitution? Look at the job they have done on the war against drugs. Do you really think they will do any better than the states have? What should be done is to decriminalize it and not legalize it. Then as people are brought in they can be placed in programs to help them and not through them in jail so that when they get out they have nothing to fall back on but prostitution. Johns too should be sent to counseling with their spouses if they have them. The Feds would only create another agency and another czar and waste even more of our hard-earned money while the problem would then explode.

  11. prostitution just like the war on drugs does nothing to stop or even slow down the abuse. in fact it creates organized crime and street gangs that control the industries. the war on drugs has increased violent and non-violent crime by about 85%, it’s all about the easy money. same thing happened with prohibition. legalize both and let the private sector deal with the social aspect with prevention education and rehabilitation. why waste billions on enforcement that is useless. tobacco use is dropping since prevention education has been flooding our lives. it works when done properly using real facts and science. the war on drugs has been used to destroy our rights under the constitution. it took a constitutional amendment to institute prohibition then another to repeal it, there is no constitutional amendment for the war on drugs or prostitution making them unconstitutional and illegal. constitutionally, it’s a state issue, but in reality it’s a social/medical issue. no one in their right mind wants anyone to use drugs or abuse themselves as prostitutes but it is not for anyone or religion to outlaw it. it’s a persons right to live their own life however they want as long as they don’t harm others. christianity comes from the heart, not from force. you cannot force christian values on anyone. it’s a personal choice, some issues are just a human right when it comes to what is done to others. what you do to yourself is by your own choice.

  12. States issue – done. I don’t believe this is a federal issue. And I certainly don’t want the federal government involved in anything else! Tea party is about the constitution, not morals.

    1. Tea Party is for less government intervention!
      That’s the answer.

      The Tea party would/should never advocate giving the Federal Government any power not spelled out in the Constitution.

      Any Tea Party organization who believes otherwise has lost their way and needs to reexamine their goals, their leader, disband or a combination of all three!

  13. It does not matter what your morality code is. Neither you nor the government, (federal, state, local, etc.), have a right to impose beliefs on anyone else. What a woman or man choose to do with their body is between them and their GOD only. That is as long as they are not causing pain to others. If you do not like what they do simply do not buy what they offer. Do not mis-read what I say. Keep minors way, but for adults stay out of it. Regulate it if you want. Out law pimps! Other than that, treat as any other business. Tax it, require medical inspection, licences. Besides no matter at what level you try to ban it, you lose. It is the oldest profession in the world. Just like Prohibition, if people want they will get it . If people do not want it will go away on its own. When ANY TYPE OF GOVERNMENT TRIES TO BAN IT, THAT IS WHEN CRIME STEPS IN! That was proven with prohibition, and again with drugs, AND certainly with todays prostitution.

  14. This is the result of not sticking to a basic plan. TEA = taxed enough already

    You want to add another thing to be funded at the Federal Level? What leader of the TEA party approved this posting? You need to be fired for losing focus, and whoever approved this article needs to be reprimanded.

    This is a state issue. Period. Quit thinking the federal government is an entity that imposes moral values. This is a ridiculous idea that has been proved to cost too much, increase the budget exponentially, and is not a power delegated to the Federal Government.

    Please FoCuS. You feed the critics with this crap.

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