The Constitutional Case Against The Federal Sports Gambling Ban

April 21, 2010 by Ross Everett  
Filed under Blogging

The Federal ban on sports betting has been blasted by anyone who knows anything about the subject for a number of different reasons. Though the US professional leagues suggest that sports betting threatens the integrity of their games, the opposite is the case. This is important because there would still be no shortage of outlets for college sport wagering, be it offshore or with your local illegal bookmaker. The professional bookmaking industry is usually where any type of compromised or fixed game is discovered. Ultimately, the true injustice of banning sports betting lies in its contempt for the Constitution.

The Congress of the United States has shown very little respect for the Constitution in recent years. Were it to abide strictly by the role outlined for it by the founding fathers, the Legislative Branch of our government would have to relinquish any number of its powers in a variety of areas. The primary problem with our Congress is that it has increasingly become a collection of career politicians rather than a body representative of its constituency. Every increase in power at the Federal level must be brought about by a usurpation of state and local sovereignty and, more alarmingly, personal liberty.

The Federal prohibition of sports wagering which was enacted a few years back is of very dubious Constitutionality. Were it not for the grandfather clause, which allowed it to remain legal in jurisdictions in which it already existed, it would have certainly been struck down as unconstitutional on a number of different fronts. Ironically, the gambling industry supported this bill in the pre-Internet era.

The mere fact that a proposed law or initiative is unconstitutional offers no protection for the citizenry. If a politician can suggest that a law is for ‘the children’ many will swallow the bait hook line and sinker. In many cases such prohibitive legislation contradicts one of the most important concepts in the Constitution–that of the right to sovereignty and self-determination of the individual states:

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.

The overriding concern of the writers and framers of the Constitution was that the personal liberty of the individual not be violated by a too-powerful central government. In other words, unless the power in question has been expressly given to the Federal government by the Constitution, and/or unless it has expressly been prohibited to the states (as in the case of treaty making) it is the right of each individual state to govern themselves as they see fit. If an individual state chooses not to regulate a certain activity, it is the right of each individual citizen to make their own decision.

So, you should be asking yourself at this point, where exactly does the Constitution delegate to the Federal government the right to make policy on sports gambling? The answer is that it doesnt, and it is very questionable that they have the Constitutional authority to do so. The sanctimonious blowhards who oppose sports betting would like to think they know best, but fortunately for all freedom loving Americans the founding fathers would beg to differ.

The entire premise of a social contract between a government and the governed is that individuals give up a certain degree of personal liberty for a certain degree of protection. The problem is that too many Americans are willing to give up just about any freedom for even the illusory promise of protection. If theyre not personally willing to cede this freedom, theyre often indifferent or unconcerned about it. The danger to broader concepts of personal liberty may seem a million miles away, but with each additional law intended to protect us from this or that the Federal government becomes larger and more powerful and the rights of the sovereign states”and the individuals that comprise them”are shrinking and being weakened.

Ross Everett is a experienced freelance writer who covers travel, poker and sports handicapping. He is a staff handicapper for Anatta Sports where he is responsible for providing daily free sports picks. In his spare time he enjoys fine dining, flower arranging and deep sea diving. He lives in Las Vegas with four dogs and a pet coyote.

Certificate of Good Standing for an Ontario Company

January 31, 2010 by Holly Crosgrey  
Filed under Blogging

The Ontario Companies Branch of the Ministry of Government Services issues Certificates of Status for companies incorporated in Ontario. A Certificate of Status, Certificate of Good Standing or a Certificate of Compliance are different names for the same thing and the name depends on the province or territory in which you request it. Any company in the World can obtain a Certificate of Good Standing from its country, province or territory of origin.

Certificates of Status are issued when you need to provide some institution or person with confirmation that your Ontario company is in good standing and is up-to-date in its filings.

An Ontario Certificate of Status shows whether the company is in good standing or not, the exact and proper name of the company and the corporation number.

Ontario companies must file federal tax returns each year and if those returns are not filed for many years the federal government will eventually dissolve the company. If a company has been dissolved it will not be able to receive a clear Certificate of Status.

Your Ontario corporation will be dissolved by the Ministry of Government Services if the annual returns are not filed. If you wish to order a Certificate of Status then you must ensure the annual returns are up-to-date or you will not receive a Certificate indicating the corporation is in good standing.

The government does not refund the money if a clear Certificate of Status cannot be issued. Basically it will issue a Certificate of Status that indicates the Ontario company is not in compliance and you will then need to file any outstanding returns and order a new Certificate of Status. A Certificate of Status is not cheap so if you know in advance you have not made your filings you should at the least ensure all Ontario annual returns are filed before ordering your Certificate of Status. If you have some outstanding tax returns but have not been dissolved then you will still receive a favourable Certificate of Status as long as your Ontario annual returns have been filed with the Ontario Companies Branch.

An Ontario Certificate of Status is not the same thing as an Ontario company search. If you are looking to find out information such as addresses, names of officers and directors of a company, etc., this would be considered a corporate search and an Ontario Corporate Profile Report should be obtained instead.

If your corporation is selling or buying property, is entering into a major contract, wants to register a car against the corporation, a Certificate of Status might be requested by the law firm, by the government or the bank involved. Any corporation might be asked for confirmation that it has made its proper filings and be requested to provide a Certificate of Status.

Resources for Canadian Business Owners provides information about Ontario Certificates of Status and other legal products including Ontario Company Searches.

A Personal Injury Practice: The Importance Of A Budget

January 28, 2010 by Robert Smith  
Filed under Blogging

A financial forecast is a mandatory tool for a viable personal injury law firm. It will reduce expenses and prevent foolish moves by the firm. It also provides an automatic emphasis on the conservation of your start up capital, which is so critical to your survival. While a personal injury practice carries with it associated risk, following a prudent financial plan will serve to keep these dangers at a reasonable level.

Think about ways to lower your expenditures as your career grows. There will be constant expenses, i.e, employee salaries, office rent and equipment, and of course, marketing and advertising. Create a list in advance of all ongoing expenses to ensure you are aware of all you will be undertaking. One thing that you can fully control is how you decide to market and/or advertise your practice. It’s necessary to have a plan on how you will market your business and determine you return of investments, i.e., ROI’s. The Yellow Pages Directory has been one avenue personal injury lawyers have utilized to successfully advertise their services. While the Yellow Pages can be a useful tool, be careful that you don’t present too prestigious an image.

How do you determine how much to put into a case? In PI cases, only those who go to trial require a great investment. In cases set for trial, it’s necessary to hire and pay for specific experts, i.e., engineers, medical professionals, etc. One of the largest investments is the personal testimony of your client’s medical provider.

As your career in personal injury practice progress, you may eventually want to add more personnel, open another office, and expand your experience in handling cases. If you decide on this, draft your long-term goals and fine-tune your financial forecast depending in your new set of needs. Your long-term goals must ensure you to serve more clients. Your financial planning should keep up with unexpected changes such as legislative changes.

Some states have placed caps on how much an individual can be awarded at trial and /or other tort reforms and this could substantially change the financial success of your practice. When this occurs, it becomes harder to obtain successful personal injury awards for your clients.

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