ARRA News Service
News for social, fiscal & national security conservatives who believe in God, family & the USA. Upholding the rights granted by God & guaranteed by the U.S. Constitution, traditional family values, "republican" principles / ideals, transparent & limited "smaller" government, free markets, lower taxes, due process of law, liberty & individual freedom. Content approval rests with the ARRA News Service Editor. Opinions are those of the authors. While varied positions are reported, beliefs & principles remain fixed. No revenue is generated for or by this site - no paid ads - no payments for articles. Fair Use doctrine is posted & used.
Editor/Founder: Bill Smith, Ph.D. [aka: OzarkGuru & 2010 AFP National Blogger of the Year]
Contact: (Pub. Since July, 2006)
    Home Page

One of the penalties for refusing to participate in politics is that you end up being governed by your inferiors. -- Plato (429-347 BC)

Thursday, January 10, 2019

Let’s Not Let One Billionaire Crony Decide What Fifty States Do About Online Gambling

Your Computer, Your State - Your Call

by Seton Motley, Contributing Author: We less government types love federalism – rightly defined, of course:

“A system of government in which states unite and give up some of their powers to a central authority.”

That is precisely what happened in what became the United States.

The thirteen colonies had just rid themselves of Britain. And by way of creating a new governmental system, drafted and ratified a Constitution.

The Constitution gave the federal government (very few) expressly identified and defined powers – and left the rest to the states (what the colonies would become) and We the People.

Because they wanted less government – they gave the federal government only the powers the states by themselves couldn’t handle.

To wit: Mexico is invading California, New Mexico, Arizona and Texas. Which is a geographical anomaly – only those four states share a border with Mexico. But from those states – the invaders invade the rest of the nation.

It is not left to those four states to deal with the invasion. It is our national sovereignty that is under assault – so it is the national government’s responsibility to stop the invasion.

Conversely: The Internet. The World Wide Web – is a WORLD Wide Web. You can not have fifty different states imposing fifty different sets of Internet regulations. So the federal government sets Internet policy – and then negotiates with the rest of the world how our networks interact with theirs.

However: What the states do with the Internet once they get it – is again a federalism situation.

To wit: Online gambling. Each state should decide for itself how much – if any – online gambling it will allow.

The United States Justice Department is currently revisiting its interpretation of the 1961 Wire Act – and how they will apply it to online gambling:

“In 1961, then-Attorney General Robert F. Kennedy proposed a package of bills, including the 1961 Wire Act, in an attempt to get at the heart of mafia organizations: their money.

“Soon after its passage, the Wire Act was superseded by other more effective tools to target organized crime, such as the Racketeer Influenced and Corrupt Organizations Act (RICO) in 1970.

“It wasn’t until the late 1990s that the Wire Act sprang back into prominence as a tool to prosecute online gambling offenses. However, from the beginning of the Wire Act’s use in the online gambling arena there has been debate about the Act’s scope, including if it can be applied to Internet gambling, and…whether or not its prohibitions extend beyond sports gambling.”

Now hold it right there. You need not be an Internet historian to know – the Internet did not exist in 1961, when The Wire Act was passed.

So it is quite difficult to argue that the legislative intent of the Congress that drafted The Wire Act – was to regulate the Internet.

The fact that we have allowed the federal government to cite The Wire Act to in any way regulate the Internet – is a gross violation of the Constitution.

To cite The Wire Act as a way to stop states from allowing online gambling – is a gross violation of federalism.

If you want a law that applies to online gambling – perhaps write a law that actually mentions the Internet. Which means you should probably write it – after the advent of the Internet.

How states get the World Wide Web – is a federal prerogative. What states do with the World Wide Web once they get it – is their prerogative.

If this state or that wants to allow online gambling – it’s their Constitutional call.

With all this in mind:

“The Department of Justice is preparing an opinion that will likely say that the Wire Act applies to all forms of online gambling and not just sports betting.…

“That would be an apparent reversal of the 2011 Office of Legal Counsel opinion that the Wire Act only applies to sports wagering.”

Get that? The Feds have been prohibiting online sports gambling – citing The Wire Act. And is now looking to prohibit ALL online gambling – citing The Wire Act.

None of which is Constitutionally or federalism-y kosher.

There are several additional problems with this.

Four states – Nevada, New Jersey, Delaware, and Pennsylvania – have legalized online gambling. Which this capricious regulatory change will immediately crush.

We don’t actually have an Attorney General overseeing the Justice Department about to issue this sea change. President Donald Trump has nominated William Barr. The Justice Department should wait until he is confirmed – and we should then ask him what he thinks about this.

And speaking of the Trump Administration – the President’s acting Chief of Staff is Mick Mulvaney. Prior to holding a few different Administration gigs – Mulvaney was a US Congressman. He was not a fan of the Feds expansive use of The Wire Act:

“Rep. Mick Mulvaney (R-SC) strongly…(argued) that if the technology exists to allow some states to legalize and regulate themselves online gambling in such a way that residents of states that prohibit, can be prevented from accessing it from those other states, that the federal government has no basis under the Commerce Clause to prohibit or regulate online gambling within the borders of individual states….

“Precisely that ability through technology exists and is being employed in the three states (now four) have have legalized and are effectively regulating online gambling …(former Nevada state gaming board member Mark) Lipparelli pointed out….’From a regulatory and law enforcement prospective, Nevada, New Jersey, and Delaware have been successful. Where there were concerns… these states have had good success.’…

“‘(This) sounds like you’re for federal control…(the reinterpretation of the Wire Act) should not legalize gambling activities that states make illegal,’ Mulvaney asked, ‘should the federal government also make illegal that which others states have made legal?’”

An excellent question – that points out the Pandora’s Box of anti-federalism this ever-swelling Wire Act decision would even further open.

This certainly isn’t an issue that cleaves the conservative base. Most see it for what it is.

Poll Finds 9 of 10 Conservatives Agree Online Gambling Ban is Crony Capitalism

Wait – crony capitalism, you say? Who’s the crony? Behold brick-and-mortar casino billionaire Sheldon Adelson. This is from 2014:

Seeking to Ban Online Betting, G.O.P. Donor Tests Influence:

“A push by the billionaire casino magnate Sheldon G. Adelson to outlaw online gambling has ignited a bitter civil war in the gambling industry, dividing one of Washington’s most powerful interest groups and posing a major test of the Republican donor’s political clout….

“Mr. Adelson, whose $38 billion fortune makes him among the richest men in the world, poured roughly $100 million into Republican campaigns in 2012, and he is known for pushing ideological fights in Washington. The battle over online gambling shows how he also lobbies for his business….

“Mr. Adelson’s effort officially kicked off on Wednesday, when lawmakers, including a senator, Lindsey Graham of South Carolina, who has accepted tens of thousands of dollars in donations from the businessman and his family, introduced legislation originally drafted with Mr. Adelson’s lobbyist.

“The bill would close a three-year-old loophole in federal law by banning online gambling….”

That “loophole” – was the Justice Department’s 2011 ruling The Wire Act only prohibited online sports gambling. The bill Adelson’s lobbyists wrote – would have banned all online gambling.

Having failed to pass his bill – for now half-a-decade-plus – Adelson is instead looking for a Hail Mary unilateral fiat from the Justice Department.

He shouldn’t get it.

States should decide for themselves whether or not they want online gambling.

A single billionaire uber-crony – shouldn’t make fifty different states’ decision for them.

Seton Motley is the President of Less Government and he contributes to ARRA News Service. Please feel free to follow him him on Twitter   /   Facebook.

Tags: Seton Motley, Less Government, Let’s Not Let, One Billionaire Crony, Decide What Fifty State,s Do About Online Gambling To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service and "Like" Facebook Page - Thanks!
Posted by Bill Smith at 11:40 AM - Post Link


Post a Comment

<< Home

View U.S. National Debt

Don't miss anything!
Subscribe to the
ARRA News Service
It's FREE & No Ads!

You will receive a verification email
& must validate you subscribed!

You Then Receive One Email Each AM
With Prior Days Articles / Toons / More

Also, Join us at:

Recent Posts:
Personal Tweets by the editor:
Dr. Bill - OzarkGuru - @arra
#Christian Conservative; Retired USAF & Grad Professor. Constitution NRA ProLife schoolchoice fairtax - Editor ARRA NEWS SERVICE. THANKS FOR FOLLOWING!

Action Links!
State Upper & Lower House Members
State Attorney Generals
State Governors
The White House
US House of Representatives
US Senators

Facebook Accts - Dr. Bill Smith
ARRA News Service
Arkansans Against Big Government
Alley-White Am. Legion #52
Catholics & Protestants United Against Discrimination
End Taxpayer Funding of NPR
Overturn Roe V. Wade
Prolife Soldiers
Project Wildfire 4 Life
Republican Liberty Caucus of Arkansas
The Gold Standard
US Atty Gen Loretta Lynch, aka Eric Holder, Must Go
Veterans for Sarah Palin
Why Vote for Hillary (Satire)
FB Groups:
Arkansas For Sarah Palin
Arkansas Conservative Caucus
Arkansas County Tea Party
Arkansans' Discussion Group on National Issues
Blogs for Borders
Conservative Solutions
Conservative Voices
Defend Marriage -- Arkansas
FairTax Nation
Arkansas for FairTax
Friends of the TEA Party in Arkansas
Freedom Roundtable
Pro-Life Rocks - Arkansas
Republican Network
Republican Liberty Caucus of AR
Reject the U.N.


Request Via
Article Comment

Links to ARRA News
A Patriotic Nurse
Agora Associates
a12iggymom's Blog
America, You Asked For It!
Americans for a Free Republic
America's Best Choice
ARRA News Twitter
As The Crackerhead Crumbles
Blogs For Borders
Blogs for Palin
Blow the Trumpet Ministry
Boot Berryism
Cap'n Bob & the Damsel
Chicago Ray Report
Chuck Baldwin - links
Common Cents
Conservative Voices
Defeat Obama's Agenda
Diana's Corner
Greater Fitchburg For Life
Lasting Liberty Blog
Liberal Isn't Amy
Maggie's Notebook
Marathon Pundit
Patriot's Corner
Right on Issues that Matter
Right Reason
Rocking on the Right Side
Saber Point
Saline Watchdog
Secure Arkansas
Sultan Knish
The Blue Eye View
The Born Again Americans
TEA Party Cartoons
The Foxhole | Unapologetic Patriot
The Liberty Republican
The Lid
The Maritime Sentry
The O Word
The Path to Tyranny Blog
The Real Polichick
The War on Guns
Twitter @ARRA
Underground Notes
Warning Signs
Women's Prayer & Action

Editor's Managed Twitter Accounts
Twitter Dr. Bill Smith @arra
Twitter Arkansas @GOPNetwork
Twitter @BootBerryism
Twitter @SovereignAllies
Twitter @FairTaxNation

Editor's Recommended Orgs
Accuracy in Media (AIM)
American Committment
American Culture & Faith Institute
American Enterprise Institute
American Family Business Institute
Americans for Limited Government
Americans for Prosperity
Americans for Tax Reform
American Security Council Fdn
AR Faith & Ethics Council
Arkansas Policy Foundation
Ayn Rand Institute
Bill of Rights Institute
Campaign for Working Families
CATO Institute
Center for Individual Freedom
Center for Immigration Studies
Center for Just Society
Center for Freedom & Prosperity
Citizens Against Gov't Waste
Citizens in Charge Foundstion
Coalition for the Future American Worker
Competitive Enterprise Institute
Concerned Veterans for America
Concerned Women for America
Declaration of Am. Renewal
Eagle Forum
Family Research Council
Family Security Matters
Franklin Center for Gov't & Public Integrity
Freedom Works
Gingrich Productions
Global Incident Map
Great Americans
Gold Standard 2012 Project
Gun Owners of America (GOA)
Heritage Action for America
David Horowitz Freedom Center
Institute For Justice
Institute for Truth in Accounting
Intercollegiate Studies Institute
Judicial Watch
Less Government
Media Reseach Center
National Center for Policy Analysis
National Right To Work Foundation
National Rifle Association (NRA)
National Rifle Association (NRA-ILA)
News Busters
O'Bluejacket's Patriotic Flicks
Open Secrets
Presidential Prayer Team
Religious Freedom Coalition
Renew America
Ron Paul Institute
State Policy Network
Tax Foundation
Tax Policy Center
The Club for Growth
The Federalist
The Gold Standard Now
The Heritage Foundation
The Leadership Institute
Truth in Accounting
Union Facts

Blogs For Borders

Reject the United Nations

Adopt Our Troops in Prayer

Thousands of Deadly Islamic Terror Attacks Since 9/11

FairTax Nation on FaceBook
Friends of Israel - Stand with Israel
Blog Feeds
Syndicated - Get the ARRA News Service feed Syndicated!
ARRA Blog Feed

Add to Google Reader or Homepage

Add to The Free Dictionary

Powered by Blogger

  • To Exchange Links - Email:!
  • Comments by contributing authors or other sources do not necessarily reflect the position the editor, other contributing authors, sources, readers, or commenters. No contributors, or editors are paid for articles, images, cartoons, etc. While having reported on and promoting beliefs associated with the former Arkansas Republican Assemblies (ARRA), this blog/site is controlled and supported by the editor. This site/blog does not advertise for money or services nor does it solicit funding for its support.
  • Fair Use: This site/blog may contain copyrighted material the use of which has not been specifically authorized by the copyright owner. Such material is made available to advance understanding of political, human rights, economic, democracy, and social justice issues, etc. This constitutes a 'fair use' of such copyrighted material as provided for in section Title 17 U.S.C. Section 107 of the US Copyright Law. Per said section, the material on this site/blog is distributed without profit to readers to view for the expressed purpose of viewing the included information for research, educational, or satirical purposes. Any person/entity seeking to use copyrighted material shared on this site/blog for purposes that go beyond "fair use," must obtain permission from the copyright owner.
  • © 2006 - 2018 ARRA News Service
Creative Commons License
Creative Commons Attribution Noncommercial Share Alike 3.0 Unported License.