In an crisis no one needed, Governor Eliot Spitzer of New York has admitted making arrangements for a New York City prostitute to travel to Washington DC for an assignation.

Notice that there are two jurisdictions mentioned in that sentence...crossing state lines.

This is a violation of the Mann Act. Gov. Spitzer could go to federal prison. He MUST resign so that his shameful behavior does not further taint the current election cycle any more than it already has.

But some thoughts...

First, we must acknowledge that Gov. Spitzer is, on one level, a victim of the times. Thousands of politicians have done the same thing in times past...but times change. (Oh, and just because they didn't get caught, doesn't mean the others weren't wrong to do it.)

Second, he's admitted it's a violation of his marriage vows and a breach of his family's trust. Perhaps, in time, fence mending can happen there...and that should be his priority more than remaining Governor of New York.

Third, it's a violation of the public trust. He is a state official scoffing at the laws of his own state and the federal government.

Fourth, and here's where perhaps I get myself into trouble....The fact that, IMHO, the Mann Act and the New York and DC anti-prostitution statues are antiquated and excessively intrusive statutes in dire need of revision cannot nullify Gov. Spitzer's criminally stupid behavior.

Perhaps an explanation or two is appropriate as it relates to this Fourth point.

Why is the Mann Act outdated? This is the text of Act:

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.

This is what's left of the White Slave Traffic Act of 1910. Young women were being kidnapped, raped, and then sold into prostitution, often across state lines. Sadly, all of that is still happening in this country, but most of the victims are from foreign countries.

The Mann Act goes much farther than that though...It doesn't simply apply to prostitution, but "any sexual activity for which any person can be charged with a criminal offense." For example, until Lawrence v. Texas in 2003, it was a violation of the Mann Act for a gay couple to take a vacation in another state if they planned to be sexually intimate in that other state. In more than a dozen states, it would still constitute a violation of the Mann Act for MARRIED couples to cross state lines with the intent of performing a number of the sexual acts described in Alex Comfort's "The Joy of Sex."

Congress generally doesn't have the power to regulate private sexual conduct--indeed, it is only the Interstate Commerce Clause of the Constitution that allows the act to pass constitutional muster. To include matters that aren't the subject of COMMERCE in the Act is to overreach Congress' constitutional powers. So...the Mann Act...probably should be trimmed down a bit. (Notice that trimming wouldn't help Gov. Spitzer).

Now...about criminalizing prostitution...I personally think that the Mann Act provisions against interstate prostitution should stand...taking prostitutes across state lines smacks of something particularly nefarious. As far as the legalization of prostitution at the state level is concerned, I don't believe that any series of regulations has yet been devised where prostitution is both legal and sufficiently regulated to protect physical and mental health AND prevent exploitation and trafficking of exploited women and men. That being said, I would favor the Rhode Island and French models of statutes which do not make criminals of prostitutes, but ban pimps, brothels, trafficking and procurement. (Again, Gov. Spitzer, who used a procurement service, would still be on the hook here.)

All that being said...
Gov. Spitzer...resign, please.