Murphy v. NCAA: The Constitutionality of State-Authorized Sports Gambling

Authors

Shane Landers, Texas A&M University School of Law (Student)Follow

Document Type

Arguendo (Online)

Abstract

“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.” Thus, “Congress may not simply ‘commandee[r] the legislative processes of the States by directly compelling them to enact and enforce a federal regulatory program.’” In Murphy v. NCAA, the United States Supreme Court held that a federal law that prevents States from legalizing sports gambling “violates the anticommandeering rule.” The Supreme Court’s decision in Murphy reemphasizes a fundamental principle of dual sovereignty—Congress is prohibited from “issu[ing] direct orders to the governments of the States.”

DOI

10.37419/LR.V6.Arg.3

First Page

34

Last Page

40

Recommended Citation

Shane Landers, Murphy v. NCAA: The Constitutionality of State-Authorized Sports Gambling, 6 Tex. A&M L. Rev. Arguendo 34 (2019).
Available at: https://doi.org/10.37419/LR.V6.Arg.3