Keller v. United States

Background

The case involved people who bought and ran a house used for prostitution and a woman immigrant, Irene Bodi, who had lived in the United States since November 1905. She stayed in New York until October 1907, then went to Chicago and was found in the house the defendants bought in November 1907. Federal prosecutors charged the defendants under a statute tied to dealings with aliens.

Reasoning

The core question was whether Congress had constitutional authority to punish the conduct charged or whether that power belongs to the States. The majority said ordinary police regulation of morals and public order—like keeping a brothel—falls within state police power, not a power granted to Congress. The Court noted Congress has power to exclude or deport aliens, but the indictment did not allege importation or assistance in bringing the woman into the country, and the facts showed she arrived years earlier. Because permitting federal power here would let Congress regulate all private dealings with resident aliens, the Court reversed the convictions and instructed the indictment be quashed.

Real world impact

The ruling restricts the federal government’s ability to criminally prosecute similar brothel conduct involving resident immigrants and leaves most regulation and punishment of prostitution to state and local authorities. It also distinguishes enforcement tied expressly to exclusion or importation of aliens from general policing of moral offenses. The decision thus narrows one avenue for federal intervention in local vice crimes.

Dissents or concurrances

Justice Holmes (joined by Justices Harlan and Moody) dissented, arguing Congress may condition admission for several years, use such evidence as a presumption about arrival, and punish those who assist unlawful entry or stay.