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Yes, the Tenth Amendment reserves powers not explicitly given to the federal government to the states and the people. Local sports and poker betting is already
by mobilefriendly 8y ago
Yes, the Tenth Amendment reserves powers not explicitly given to the federal government to the states and the people. Local sports and poker betting is already regulated by the states and a federal interstate commerce claim to regulate it is fairly weak.
- _acme 8y agoPursuant to Gonzales v. Raich, which ruled that Congress could criminalize the production and use of homegrown marijuana for personal use, the interstate effect of gambling in any form on any activity is almost certainly sufficient for Congress to regulate or prohibit any or all gambling activity. In addition, the Ninth Circuit has held that Congress has Commerce Clause authority to criminalize possession of homemade machine guns. Congress has chosen to allow states to regulate gambling to a certain extent, which explains its legality in various forms in the various states.