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    Sports Gambling legal – call your bookie now!

    challenge posed by Andy Nash 155 days 4 hours 14 minutes ago

    Category: Education
    Challenge Forum

    Sports Gambling legal – call your bookie now!

    The Professional and Amateur Sports Protection Act (PASPA) of 1992 was a federal ban prohibiting 46 states from allowing sports betting (Nevada & 3 others were grandfathered in due to previous laws). The ban did not outlaw gambling on sports at the federal level, but simply forbade states from permitting it. Former & current NJ governors Chris Christie & Phil Murphy, sued on the basis of the 10th amendment, citing the federal power to “impermissibly commandeer the regulatory power of States”. NJ wanted to reap the tax revenue from limited in-house sports betting. The NCAA opposed it. The Supreme Court just finally struck down the ban. The majority opinion concurred, not on whether it should be banned, but that if congress wants it banned they have to do so at the federal level, then regulate & enforce it. Otherwise leave it up to the states to decide accordingly if & how to do it in each state.

    Gambling revenues from March Madness plus all of college & pro sports would be a multi-billion dollar industry, allowing tax revenue states won’t want to leave on the table. Critics worry about everything from the integrity of sports with game fixing, to the social effects of compulsive gambling.

    Should the feds just ban it at the federal level, or allow the states to be the laboratories of democracy? Or might there be a too big of a rush too soon leading to many problems on the way?

    There are interesting parallels with other issues. If the feds permit or ban something they have to pay for its regulation and enforcement. But that goes both ways. Immigration falls under federal, and some argue this absolves California from cooperating with ICE enforcement. With drugs like marijuana (brought up by the dissenting justices), some state laws also outlaw it along with the federal, but many are legalizing it despite federal bans remaining in place.

    What precedent do you think this may set and what effects do you foresee in any number of other economic and other legal realms where state vs. federal law may be in conflict?

    Re: Sports Gambling legal – call your bookie now!

    This is a hard question to answer, as many have views on gambling, and since gambling is illegal outside of casinos, and since it is a big black market industry, there really isn't a right response to this question. Do I believe the federal level should have control? Yes, but with so much going on, there isn't much they can do to crack down 100% on all illegal practices of gambling.

    Re: Sports Gambling legal – call your bookie now!

    I think that history shows us that when the a government like ours tries to prohibit things like drugs, alcohol, etc, people find another way to access what they are not allowed to have. Prohibiting gambling will create a big mess on top of our already bigger mess. The federal government should regulate it, perhaps through government approved gambling only. I have no experience with the gambling culture as it has never intrigued me, in fact I don't ready get why gambling is so important to people. But that's just it, it is something that is important to people, therefore banning it would create more disobedient citizens who want to gamble. Just as some smoke marijuana or drank alcohol anyway, despite the law.

    Re: Sports Gambling legal – call your bookie now!


    Interesting question. I believe that the less our government is involved with controlling vices, the better. I think that the government should only interfere when people's vices are hurting others, like drunk driving. Other than those specific situations, the government should not be involved at all. People need to have free choice to indulge in whatever suits their fancy. Outlets are important to keeping people happy and when we limit people's outlets, stress and frustration spills over into other parts of daily life.

    Monica M.

    Re: Sports Gambling legal – call your bookie now!

    Hi Andy,

    This is an interesting topic. I personally have no qualms with sports betting, and I find it fun. People do it everywhere, even though it hasn't been legal everywhere. They just find alternative ways to gamble where it's illegal, thus the states not getting any tax revenue on it! I don't think that legalizing gambling will compromise the integrity of sports at all because people already gamble, and the integrity of sports is already compromised on many levels (politics, performance enhancing drugs, etc). I think legalizing it will only help state's tax revenue.

    I think it's asinine that something can be illegal on the federal level and legal at the state level. It makes no sense, because we're now playing by two sets of rules. You cited the example of marijuana, which in my opinion is the greatest example out there. We now have fourteen states that have legalized it in recreational form, and it's legal in our bordering country, Canada. It's medicinally legal in many more, however, if you take it across the border from Colorado where it's legal to Utah where it's not legal, you're now subject to federal punishment. On top of that, the CBD strand has known and proven healing properties. People literally can sit in jail for something that they bought legally, that is healthy, because the federal government has to be involved in everything. It's bizarre and nonsensical. I think the Federal government needs to cut back on their involvement in laws that don't involve them and allow the states to make laws that benefit them.

    Thanks for the forum!

    Re: Sports Gambling legal – call your bookie now!

    Hey Andy,

    Questions like this make me glad I am not in politics as I can see both sides of the issue. I do tend to fall in the no gambling at all camp as it can go too far. People who cannot put food on the table for their children have no business gambling, whether it is sports related or not. The government (state and federal) has to then pick up the pieces and provide food and shelter for children that their parents gambled away.

    I do think that betting on sports can lead to game fixing. I think FIFA, (the governing body of soccer) may have a little experience with that. I am sure some of that goes on already, but I see an explosion of that if gambling is legal. So when I watch a game (any sport) right now, there is a slim chance of it being "fixed", but after legalizing gambling, it will be hard to watch as I will be wondering if that bad ref call was on purpose or just human error, and why so many of them all of a sudden? A bad decision of a player/coach will be more heavily scrutinized (by who, who will police this, and what are the consequences of game fixing?

    I do think that the tax revenue from gambling can only benefit the state. Let's just hope it is used wisely.

    Just my two cents worth, LOL



    Re: Sports Gambling legal – call your bookie now!

    Hey Andy!

    Personally, I disagree with gambling, but I don't think that it should be banned. If people want to gamble (on sports or anything else), they will find a way to do it whether or not it is legal (one caveat though: gambling can and does harm people, so maybe it should be illegal as by gambling you are encroaching on others lives and potentially wrecking people's lives). I also agree that the states should have more control and the federal government less control, so I was happy when the ban was struck down.

    Despite being glad the ban was struck down, I am worried about problems that will come up. There is now a greater chance of games being rigged. I don't want to watch rigged games; and I don't want the teams I support to be playing in rigged games. Also, the effects of gambling on society have never been beneficial. I have never seen an instance where gambling is good. It will be interesting to see what the individual states decide to do about whether or not to regulate gambling.

    Right now, the federal government seems to be much stronger than the state government. When this country was founded, it was with the intent that the states have a decent amount of power too; enough to even rival the federal government. For that reason, I am in favor of the federal government peeling back more bans and regulations and allowing each state to decide for themselves what they would like to do, whether for marijuana, public schooling, or any other issue. Hopefully, with this ban being struck down, the trend will continue with states being able to choose more what to regulate.

    All this is not to undermine the authority of the federal government; I realize the need for some federal regulation, etc. I just think the states should have more power, so our country will be aligned more as the founding fathers set it up.

    Thanks for the interesting forum!


    Re: Sports Gambling legal – call your bookie now!

    Hey Andy,
    Gambling itself is a very odd concept. I was just in Las Vegas last week and it's almost sad to see the number of old people sitting at these machines all day long, probably blowing away their life savings. While on an excursion, a lady in our group had mentioned she lost $20,000 the last time she was in Vegas. $20,000! That's insane! I understand that each person is able to do whatever they want to do with their money but seriously, there are people starving and she just randomly blew $20,000!

    So back to your topic, people are going to bet money regardless so I guess the states may as well try and gain some revenue for it. Maybe we can use the additional funds to help support education and initiatives to help children.


    Re: Sports Gambling legal – call your bookie now!

    Hi Andy,

    Personally speaking, I have no problem with gambling and sports. History has proven that where there is a will there is a way. That in itself speaks to the integrity issue. I agree with many of the above posts; tax revenue from gambling would benefit the states. How it might best be used and who decides is a different topic!

    As to your question concerning precedent (drugs, Immigration, etc.),,,hmmm,,,maybe! This is a bit fuzzy for me but, if I understand this correctly, the worry is that the federal government cannot force states to comply with federal law. Wouldn't it have more to do with the Constitution? For instance, gambling and Immigration are two different issues. Gambling isn't addressed in the Constitution while Immigration is! Wouldn't states lose on laws that are guided by the Constitution?

    Thanks for the thought provoking forum! Clearly, I need to dig a little deeper into the issues.


    Re: Sports Gambling legal – call your bookie now!

    I'll admit that this forum is going a little over my head, but I've never been a big fan of gambling. Sure, if things are played out right you can get some mad money, but if not, depending on how much you've bet, you can be left with a pretty big hole in your wallet. Sports aren't meant to be something you gamble on, they were supposed to be meant as a form of entertainment for viewers and for something people could play for fun or for school. Either way, while I can see that the money being made from March Madness can make a lot of states perk up, what are they going to do with that money exactly? Michigan has a long list of problems that needs to be fixed. We've got the Flint water crisis, there are thousands upon thousands of potholes that need to be fixed, and a whole lot of other things. If that money isn't going towards fixing these problems, then I can only assume they'll go to somewhere else that doesn't benefits thousands of people.

    Re: Sports Gambling legal – call your bookie now!

    Hello Andy,

    In the case of sports gambling, I think things are going to turn into a real mess. Before the ban, there was so much documented corruption which lead to the placement of the ban in the first place.

    I think it could be alright for states to serve or laboratories of democracy in this case. I don't really have strong feelings about gambling in the first place.

    As for broader implications regarding federal and state law contradictions and precedents, I'm pretty unsure.

    Thanks for the topic,

    - Anna

    Re: Sports Gambling legal – call your bookie now!

    Good evening,

    I feel that sports/regular gambling will happen regardless if it is regulated/legal or not. During periods of when it is illegal fights get fixed, poker hands get fixed the same way that they do when it is legal. States should be the responsible for how and if they want to allow gambling into their communities as well as committees or foundations that are in charge of the sport or etc to regulate this. On one hand, yes it will bring in revenue but parties say that it brings in criminal activity as well. But what if other venues were built where say the casino was to be built? Crime may follow any new form of business that is built there.

    This is definitely a topic that pushes the envelope on states rights to decide, interfering with personal decisions to engage in such activities if they would like to.



    Re: Sports Gambling legal – call your bookie now!

    As I haven't been here in a long time, I had to stop in and say hello Mr.Andy. Glad to see you still here and to be back!

    Great educational topic and love the responses!!

    For me, I think gambling is that of being similar to the gun topic. I say this because gambling and guns are not the problem when used in responsible ways. This is merely my opinion, though I can support it with many facts or supporting evidence,but in science or any argent, someone could always find something saying the opposite.

    I do find it very significant you mentioned our 10th amendment and want to ask this, does anyone think this would also relate to any other "rights" we have?

    This topic is very interesting and look forward to hearing any further responses to this.