What a refreshing concept: Congress may exercise only those powers granted to it by the Constitution, all other powers belong to the states and the people themselves.
In an opinion issued today, Justice Samuel Alito tossed the Professional Amateur Sports Protection Act of 1992, which outlawed sports gambling, though Nevada a couple of other states were grandfathered. The decision was 6-3.
Here is what Alito stated:
The legalization of sports gambling is a controversial subject. Supporters argue that legalization will produce revenue for the States and critically weaken illegal sports betting operations, which are often run by organized crime. Opponents contend that legalizing sports gambling will hook the young on gambling, encourage people of modest means to squander their savings and earnings, and corrupt professional and college sports.
The legalization of sports gambling requires an im portant policy choice, but the choice is not ours to make.
Congress can regulate sports gambling directly, but if it elects not to do so, each State is free to act on its own. Our job is to interpret the law Congress has enacted and decide whether it is consistent with the Constitution. PASPA is not. PASPA “regulate[s] state governments’ regulation” of their citizens … The Constitution gives Congress no such power.
The long dormant 10th Amendment lives.