In the United States v. Bitty case of 1907, the U.S Supreme Court upheld a conviction under an act of Congress that made it illegal to import women into the country for immoral purposes. The defendant, Mr. Bitty, was accused and convicted of importing a woman from England with intent for her to engage in prostitution upon arrival in America. In his defense, he argued that she had willingly consented to this arrangement and therefore no crime had been committed on his part. However, the court rejected this argument stating that consent is irrelevant as far as such crimes are concerned because they involve exploitation which is inherently coercive even if not overtly so. Furthermore, it held that Congress has broad powers under its authority over immigration policy to regulate or prohibit actions deemed harmful or detrimental to society at large regardless of individual agreements between parties involved.

In the dissenting opinion for United States v. Bitty, 1907, Justice Harlan argued that the majority's interpretation of a statute criminalizing polygamy was overly broad and could potentially infringe upon individual liberties. He contended that while Congress had the power to regulate immigration based on moral standards, it did not have unlimited authority to punish individuals for actions committed outside U.S jurisdiction. The defendant in this case was charged with practicing polygamy abroad before immigrating to America; however, he ceased these practices upon arrival in accordance with U.S law. Justice Harlan believed punishing him retroactively would set a dangerous precedent where any foreign conduct contrary to American morals could be penalized even if discontinued after immigration. This view emphasizes respect for personal liberty and cautions against overreaching governmental powers.