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The Constitutional Case Against The Federal Sports Gambling Ban

by Ross Everett on November 19, 2009

The Federal ban on sports betting has been blasted by anyone who knows anything about the subject for a number of different reasons. Though the US professional leagues suggest that sports betting threatens the integrity of their games, the opposite is the case. The professional bookmaking industry is usually where any type of compromised or fixed game is learned. Ultimately, the best case for legal sports betting is Constitutional.

The Congress of the United States has shown very small respect for the Constitution in recent years. Were it to abide strictly by the role outlined for it by the founding fathers, the Legislative Branch of our government would have to relinquish any number of its powers in a variety of areas. The primary problem with our Congress is that it has increasingly become a collection of career politicians rather than a body representative of its constituency. Every increase in power at the Federal level must be brought about by a usurpation of state and local sovereignty and, more alarmingly, personal liberty.

The Federal prohibition of sports wagering which was enacted a few years back is of very dubious Constitutionality. Were it not for the grandfather clause, which allowed it to remain legal in jurisdictions in which it already existed, it would have certainly been struck down as unconstitutional on a number of different fronts. Ironically, the gambling industry supported this bill in the pre-Internet era.

The mere fact that a proposed law or initiative is unconstitutional offers no protection for the citizenry. If a politician can suggest that a law is for ‘the children’ many will swallow the bait hook line and sinker. In many cases such prohibitive legislation contradicts one of the most vital concepts in the Constitution–that of the right to sovereignty and self-determination of the individual states:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The overriding concern of the writers and framers of the Constitution was that the personal liberty of the individual not be violated by a too-powerful central government. In other words, unless the power in question has been expressly given to the Federal government by the Constitution, and/or unless it has expressly been prohibited to the states (as in the case of treaty making) it is the right of each individual state to govern themselves as they see fit. If an individual state chooses not to regulate a certain activity, it is the right of each individual citizen to make their own choice.

So, you should be asking yourself at this point, where exactly does the Constitution delegate to the Federal government the right to make policy on sports gambling? The answer is that it doesnt, and it is very questionable that they have the Constitutional authority to do so. Fortunately for all freedom loving Americans the founding fathers would beg to differ.

The entire premise of a social contract between a government and the governed is that individuals give up a certain degree of personal liberty for a certain degree of protection. The problem is that too many Americans are willing to give up just about any freedom for even the illusory promise of protection. With each additional law intended to protect us from this or that the Federal government becomes larger and more powerful and the rights of the sovereign states”and the individuals that comprise them”are shrinking and being weakened.

Ross Everett is a freelance sports writer and respected authority on sports betting odds comparison. He writing has appeared on a variety of sports sites including sportsbooks and betting odds portal sites. He lives in Northern Nevada with three Jack Russell Terriers and an emu. He is currently working on an autobiography of former energy secretary Donald Hodell.