Fantasy Sports Brings Unconstitutional Federal Ban on Sports Gambling to Forefront
The incredible fantasy football advertising bonanza being hoisted upon the American populace courtesy of the big two daily fantasy sports sites, Fanduel and Draft Kings, has stirred legislators once again to bring sports gambling and government to the forefront.Sports gambling has been banned on a federal level since the 1992 Professional and Amateur Sports Protection Act, known as PASPA. This bill was somehow ratified despite being unconstitutional, as the 10th amendments guarantees states their own jurisdiction over anything not specifically assigned to the federal government in the Constitution, and gambling most definitely is not.Par for the course, the federal government went ahead anyway and banned sports betting in all but 4 states, with Nevada as the sole state with actual, legal sports books, which on its face is absurd. How can a federal law provide exceptions for certain states, while maintaining a brutal crackdown on others?New Jersey Representative Frank Pallone is taking up those exact speaking points in a new fight against this incoherent, indefensible law. From Philly.com:
Last week, he called for congressional hearings, with the hope of changing federal law to make gambling as legal as sports fantasy. On Monday, after a gambling-fantasy panel discussion here, Pallone was asked what he would say to the judges on the Philadelphia-based U.S. Court of Appeals for the Third Circuit who were asked to reconsider New Jersey's challenge to a 1992 federal law that in effect restricts legal sports gambling to Nevada.Pallone said the equal protection clause of the 14th Amendment makes federal gambling law unconstitutional.
He is exactly right, and this is a fight that logically the Democrat from Jersey should win. The federal government being the federal government, however, makes me worry that the 2006 exemption granted to fantasy sports that categorizes them as a "game of skill" instead of gambling may come under fire more than the unconstitutional ban on sports gambling will.Some states are already seeking to regulate fantasy sports. From the LVJR:
According to CardPlayer.com, California lawmakers amended a bill in Sacramento that would allow the state to regulate fantasy sports. The website LegalSportsReport.com says California is the 12th state to consider daily fantasy sports legislation.Residents of five states — Arizona, Iowa, Louisiana, Montana, and Washington — can't participate in the websites because of state-specific regulations against cash prize awards.Sports wagering is legal in four states, although Nevada is the only state with full-scale race and sports books.LegalSportsReport.com editor Chris Grove told the Washington Post "there were more questions than answers" concerning fantasy sports and federal law.
The real questions are: Why is the federal government involved in any of this, and why should states be involved either for that matter? Exactly what "victims" are these laws supposedly protecting?It certainly looks like all PASPA protects are the interests of the 4 states benefitting from the bill, and the sports books and sports lotteries that they operate. PASPA gave Nevada a government-sanctioned monopoly on all sports gambling.The government will argue that this regulation battles crime by stemming sports gambling and thus limiting the reach of mafia and other criminal organizations that might seek to affect the outcome of games. Naturally, this hasn't happened. We still hear tales of thrown games and point shaving, meanwhile the underground betting on sports is even more pronounced because there are few legally recognized alternatives. It's a law that is the definition of self-defeating, and even more pronounced in the internet age.Government shouldn't bear the burden of keeping the integrity of sports leagues intact. It's up to leagues, programs and teams to police themselves for the good of the product, not the federal government via a ban on gambling. If people know or suspect the teams or players are tanking, they won't pay to see the product - it's that simple.In the meantime, the Constitution and I both agree; the federal government should stay out of sports and sports gambling.The Lions of Liberty are on Twitter, Facebook & Google+Check out our YouTube Channel!Receive access to ALL of our EXCLUSIVE bonus audio content – including “Conspiracy Corner”, “Degenerate Gamblers” and the “League of Liberty Podcast” by joining the Lions of Liberty Pride and supporting us on Patreon!Join our Facebook Group: The Lions of Liberty Forum
