Written by attorneys · grounded in primary & secondary sources — see below
A wagering scheme in which participants stake value on the outcome of a contest or event with uncertain results.
Sources & Authorities· 9 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Casebooks
How it applies
Common Examples
6
State Sports Betting Authorization
Gina Griffin, a state gaming official, sought to license sportsbooks for casino wagering on professional games. Federal authorities invoked a statute barring state authorization of such schemes. The court invalidated the federal bar because it directed state legislative choices rather than regulating private bettors directly.
Permit Condition on Casino Expansion
Guillermo Guzman applied to expand his casino property. The city conditioned approval on dedicating land for a public park. The court required the city to show the gambling-related traffic impact was roughly proportional to the demanded dedication.
Florence Dolan, Petitioner v. City of Tigard, Respondent512 U.S. 374, 114 S.Ct. 2309, 129 L.Ed.2d 304
Phone Booth Surveillance of Wagers
Gloria Green placed repeated calls from a public booth to relay betting information. Agents attached a listening device to the booth exterior without a warrant. The court held that Green retained a reasonable expectation of privacy in the gambling conversations.
Katz v. United States389 U.S. 347, 361 (1967)
Federal Ban on Local Gambling
Greta Goldstein was prosecuted under a federal statute for possessing gambling devices near a school. The statute lacked any jurisdictional element tying the activity to interstate commerce. The court struck down the law as exceeding Congress's commerce power.
United States v. Lopez514 U.S. 549 (1995)
Street Stop Near Gambling Site
Gary Goldman stood outside a known gambling parlor and appeared to be casing the entrance. An officer patted him down and found betting slips. The court upheld the stop because the officer had reasonable suspicion based on the observed conduct.
Terry v. Ohio392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968)
Takings Claim After Gambling Ban
Gordon Gray purchased coastal land intending to develop a casino resort. Later state regulations prohibited all gambling uses. The court held that the claim was ripe because the regulations barred the only economically viable use of the parcel.
Palazzolo v. Rhode Island533 U.S. 606 (2001)
Common questions
Frequently Asked
3
Does the anti-commandeering doctrine bar Congress from prohibiting states from authorizing sports gambling?+
Yes. A federal statute that forbids states from authorizing or licensing sports gambling schemes targets state legislative action rather than regulating private conduct and therefore violates the anti-commandeering principle.
What constitutes valid consideration when a party forgoes gambling?+
Forbearance from gambling at the request of a promisor supplies legal detriment sufficient to support a promise even without economic loss to the promisee.
When does a federal gambling prohibition operate as valid preemption rather than commandeering?+
A federal gambling rule operates as valid preemption only when it directly regulates private conduct and displaces inconsistent state rules. A statute that merely orders states not to authorize gambling is not preemption.
514 U.S. 549 (1995)Constitutional Law
…could regulate, without more, the "mere possession" of firearms. See id. , at 339, n. 4; see also United States v. Five Gambling Devices , 346 U. S. 441, 448 (1953) (plurality opinion) ("The principle is old and deeply imbedded in our jurisprudence that this Court will construe a statute in a manner that requires…