The Professional and Amateur Sports Protection Act (PASPA) has completely denied forty-six states from adopting any type of state-sponsored sports betting scheme. The Act, which became law in 1992, exempted four states (Nevada, Delaware, Oregon, and Montana), allowing those states to continue to operate the state-sponsored sports betting schemes that had been in place prior to the Act’s adoption. The Federal Government along with the NFL, MLB, NBA, NHL, and NCAA are concerned that legalized sports betting jeopardizes the integrity of our national pastimes. However, sports’ betting persists unregulated through underground, illegal bookies and amongst various online sports betting websites. This article argues that PASPA’s original purpose is outdated and that the Act is in violation of the Tenth Amendment and Commerce Clause within the United States Constitution.
Available at: http://works.bepress.com/darren_heitner/2/