Quote:
Originally Posted by ChrisV
No, because the federal law prohibited them from, quote, "authorizing by law" sports betting. So if state legislators passed laws allowing sports betting, they would themselves be guilty of federal crimes. As it is now, just like marijuana, they can pass laws stating that sports betting is legal under state law and that they DGAF if people want to violate federal law in their jurisdiction, then sit back and let free enterprise do its thing.
Edit: tbh, I'm not sure if legislators would be guilty of a crime, or whether it's just that gambling would stay illegal under state law because the legislation would be ineffective.
Yeah this is not how it works. Here is the simplest way to break it down:
1. State passes law that seemingly contradicts federal law.
2. Either law is challenged in court.
3. The court decides the law(s) legality and whether it (they) can coexist and/or constitutionality. There are a ton of factors at play here that you can feel free to go to law school to learn.
4. If a state law is found to be unconstitutional or in violation of federal law, it's no longer valid and the federal law still controls. If the federal law is found unconstitutional (as PASPA was), it's no longer valid and the state law takes full effect.
No one goes to jail. Until something is done by a court, both laws can be technically valid and enforced (see marijuana law).
Last edited by champstark; 05-15-2018 at 06:22 AM.