One of the arguments made by proponents of the "Restoration of America's Wireless Act" (HR 707/S. 1668) is that Congress must nullify state laws allowing internet gambling in order to protect the integrity of state laws that forbid Internet gambling. This is a ridiculous statement for two reasons.
First, technology exists that allows online casinos to verify that those wishing to use their site to gamble online are legally allowed to do so. Second, and most importantly, this argument turns the 10th amendment on its head by using the principle of federalism to justify expansions, rather than limitations on federal power.
The drafters of the Constitution intended the states to protect their citizens against federal overreach. Sadly today, many state officials act as the federal government's junior partners in statism.
For example, Missouri’s Attorney General Chris Koster and South Carolina’s Attorney General Alan Wilson are soliciting signatures from their fellow State Attorney Generals for a letter to Congress supporting banning online gaming!
The letter not only parrots the bizarro federalism argument but also restates the claim that legal online casinos will be controlled by criminals. Of course, the truth is that outlawing online casinos guarantees online casinos will be run by outlaws.
The deadline to sign the letter is this Friday so Campaign for Liberty members who want their Attorney General to support real, as opposed to bizarro, federalism should call their Attorney General and ask they not sign the letter in support of federal legislation pre-empting state authority over online gambling.
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PDFTags: Online Gambling