Monday, February 13, 2012

The Comstock Act

While preparing a post on the recent controversy about mandating coverage of contraception I ran across mention of the 1873 Comstock Act which made it illegal to, among other things, send contraceptive devices through the mail. Looks like we've been dealing with issues for some time.

2301s just completed work on the postal clause and while it may seem that a law like this may be problematic on federalism grounds since it involves a police power - regulating morals - which is purely a state affair, it does (or did) so by regulating the ability of devices to be sent through the mail. That makes it constitutional, but its a bit slippery nevertheless.