The Constitutional Case Against The Federal Sports Gambling Ban

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.

NFL Preseason Handicapping Basics

Among the sports betting public there’s a lot of conflicting opinions about betting NFL preseason games. That’s not really surprising, since there doesn’t seem to be much middle ground on the subject. Overly cautious handicappers would argue that preseason football is a poor wagering opportunity. Some of the more obnoxious tout services would have you believe that short of a fixed game there is no greater “lock” that preseason football. Like most things that produce such polarized opinions, the truth is probably somewhere in the middle of the two extremes. Preseason NFL football is a unique proposition for the sports gambler, but when approached with caution, discipline and knowledge it can yield some profit.

The most compelling argument against preseason wagering is simply that the games don’t count. While there are often spots during the regular season where teams may seem more or less motivated, in theory they all want to win. That’s not something that can be taken as a ‘given’ during the preseason, however, as the individual agendas of NFL coaching staffs can very widely. Some might want to win games to establish a winning attitude, others might put a greater focus on working in a new offensive or defensive scheme. Others may prioritize evaluating talent at key positions, while others may simply want to make it through to the regular season without any significant injuries. With all of the uncertainty swirling around preseason football, handicapping wins and losses against the pointspread can be exceedingly difficult.

The preseason NFL betting enthusiast would suggest, however, that it is the uncertainty that characterizes these games that makes for such a strong wagering opportunity. For example, in a matchup between a championship level team and a losing team you often see strongly divergent approaches to the game. Successful teams have more to worry about in terms of player injuries, fewer areas in which they need to evaluate talent, and more continuity in the areas of coaching and team chemistry. They often view preseason games as a chore, and have little interest in their outcome as long as they keep their superstars healthy.

On the other hand, consider the ‘lesser’ team in a preseason matchup. They often have a number of key starting positions they need to fill, along with backup positions up for grabs. They may have new coaching staffs that players want to impress, new offensive or defensive schemes to implement. Most significantly, ‘lesser’ teams often view the preseason as an opportunity to build team chemistry or create a winning attitude. A team trying to rebuild can benefit from winning *any* games, regardless of whether or not they count in the standings. For a league doormat, a win over an elite level opponent can serve as a rare highlight of a losing season.

Even teams that put a low priority on preseason games don’t want to lose them all. For this reason, a longterm winning situation has been to bet on teams that lose their first two preseason games outright. Over the past twenty years, 0-2 teams in this spot have produced a winning percentage right around 60%.

The philosophy of a NFL head coach is arguably the single most important factor contributing to preseason success. Some coaches always want to win, even if the games don’t count in the standings. Other coaches place a much greater importance on evaluating personnel and giving backups playing time they won’t have the opportunity to get during the regular season. The coaches that have a strong desire to win in the preseason often result in their team’s pointspreads being inflated somewhat, but a motivated team is always worth consideration for a wager.

The smart preseason handicapper makes use of the Internet, and more specifically uses it to follow the local sports media of NFL teams. During NFL preseasons, teams’ beat writers are anxious to write stories and need to fill articles but have little in the way of “real” news to write about. As a result, a handicapper can frequently find valuable details like a coach’s goals for the game, playing time for key players, and specific strategies that will be implemented. Occasionally, coaches will come out and say that they’re more interested in evaluating certain players for certain positions than they are in the outcome of the game. A thorough evaluation of this type of media coverage can often produce not only teams to play “on”, but teams with priorities other than winning to play “against”.

In conclusion, there are certainly strong opportunities for profit in NFL preseason wagering but its essential to understand that it cannot be approached in the same manner as the regular season. And, as always, its important to remember that there will be more strong opportunities down the road and that discipline and rigor in handicapping is just as crucial in the preseason NFL as it is at any other time of the year.

Ross Everett is a widely published freelance writer specializing in 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, falconry and deep sea diving. He lives in Southern Nevada with four dogs and a pet coyote.