2. THE 10TH AMENDMENT
• The powers not delegated to the United States by the Constitution, nor
prohibited by it to the states, are reserved to the states respectively, or to the
people.
3. SPORTS BETTING IN THE PAST
• 1992- Congress enacted PAPSA – Professional and Amateur Sports Protection Act
• $150 Million in illegal sports betting/year
4. MURPHY V. NCAA
• PAPSA overturned on May 14, 2018
• Anti-Commandeering Doctrine violated- the federal government cannot force
state or local governments to act against their will.
• Hard fought battle headed up by NJ- casino gambling: large form of state tax rev.
• The Supreme Court judges ruled 6-3 that PASPA violated the “anti
commandeering principle” included in the 10th Amendment
• Judge ruled: Congress can regulate sports gambling directly, but if it elects not to
do so, each state is free to act on its own– PAPSA is not constitutional
6. PROBLEMS
• Legalized gambling is something that American citizens have never agreed on
• There is an unknown as to how legalizing sports betting will affect collegiate and
professional athletes
• Yes, Congress legalized this
• HOWEVER… 10th amendment…each state has the choice of its own
7. AFTER EFFECTS OF MURPHY V. NCAA
• States are left with a decision to make/rule
• Sports leagues will try and find alternate ways to control sports betting
8.
9. RESEARCH QUESTIONS
• How will legalized sports betting impact the revenue within the gambling industry
considering there has previously been a large profit?
• How does the government obtain control over issues such as this when it comes
to the 10th Amendment?
• Does legalizing sports betting infringe upon the protection of athletes in the U.S.?
10. ANSWERS
• Considering sports betting was just recently legalized, this is a question that will
be able to be better answered down the line; however, it can be predicted that
the $150 million number will only shoot up due to the legalization of sports
betting.
• The 10th amendment serves as a barrier allowing states/local governments to
have a say in what is legal within their territory. Contrary to popular belief, the
federal government only has a certain amount of control.
• As mentioned before, each individual sports league will make an effort to protect
their athletes further by controlling sports betting; however, this is another
question that will be difficult to answer until we are further down the line.
