Congress and SportsCongress and Sports

Congress in the ConstitutionCongress in the Constitution

1. Legislative Power1. Legislative Power– ““All legislative Powers herein granted shall be vested in a All legislative Powers herein granted shall be vested in a

Congress of the United States” (Article I, Section I)Congress of the United States” (Article I, Section I)

2. Power of the Purse2. Power of the Purse– TaxationTaxation

““All Bills for raising Revenue shall originate in the House of All Bills for raising Revenue shall originate in the House of Representatives” (Article I, Section 7)Representatives” (Article I, Section 7)““lay and collect taxes” (Article I, Section 8)lay and collect taxes” (Article I, Section 8)

– SpendingSpendingCongress to “Provide for common defense and general welfare” Congress to “Provide for common defense and general welfare” (Article I, Section 8). (Article I, Section 8). ““No money shall be drawn from the Treasury, but in consequence of No money shall be drawn from the Treasury, but in consequence of appropriations made by law” (Article I, Section 9).appropriations made by law” (Article I, Section 9).

– Coin MoneyCoin Money

Congress in the ConstitutionCongress in the Constitution

3. War Powers3. War Powers– ““To declare War”To declare War”

4. Regulate Commerce4. Regulate Commerce– Commerce ClauseCommerce Clause

1964 Civil Rights Act – Prohibition of Business Discrimination1964 Civil Rights Act – Prohibition of Business Discrimination

5. Necessary and Proper Clause5. Necessary and Proper Clause– Make all laws which shall be necessary and proper for Make all laws which shall be necessary and proper for

carrying out the execution of the foregoing powers carrying out the execution of the foregoing powers and all other powers vested by this constitution in the and all other powers vested by this constitution in the Government of the United States, or in any Government of the United States, or in any department or office thereof. (Article I Section 8)department or office thereof. (Article I Section 8)

Federal Bank – McCullock v. Maryland (1819)Federal Bank – McCullock v. Maryland (1819)

Two theories of representationTwo theories of representation

Delegate Delegate – Do what your Do what your

constituents wantconstituents want– Responsiveness Responsiveness

through “rational through “rational anticipation”anticipation”

– No deliberationNo deliberation– ““all politics are local”all politics are local”

Burkian Burkian – Do what you think bestDo what you think best– Responsiveness Responsiveness

through “electoral through “electoral turnover” turnover”

– DeliberationDeliberation– Politics are national, Politics are national,

the locals get left out. the locals get left out.

Congressional Control over the Congressional Control over the Executive BranchExecutive Branch

1.1. OrganizationOrganization

2.2. BudgetBudget

3.3. LawmakingLawmaking

4.4. OversightOversight

Congress and American Congress and American SportsSports

IntroductionIntroduction

Two erasTwo eras– Pre 1960s Pre 1960s sports as a sports sports as a sports– Post 1960s Post 1960s sports as business sports as business

Sports are not treated equallySports are not treated equally– Boxing (heavily regulated)Boxing (heavily regulated)– Baseball (Baseball (almostalmost no regulation) no regulation)

Justification of Congressional Interference Justification of Congressional Interference – Commerce clauseCommerce clause

Anti-Fight Film LegislationAnti-Fight Film Legislation

Jack Johnson vs. Jim JeffriesJack Johnson vs. Jim Jeffries– Johnson won the fight in 1910.Johnson won the fight in 1910.– Congress thought showing the Congress thought showing the

film would cause riotsfilm would cause riotsJack Johnson vs. Jim FlynnJack Johnson vs. Jim Flynn– Two southern senators tried to Two southern senators tried to

introduce anti-film fight introduce anti-film fight legislation before matchlegislation before match

– Johnson beat Flynn in 1912Johnson beat Flynn in 1912Bill was passed and signed Bill was passed and signed into law by Taft on July 31, into law by Taft on July 31, 19121912Mann Act 1910 brought down Mann Act 1910 brought down JohnsonJohnsonAnti-Fight Film legislation on Anti-Fight Film legislation on the books until 1939the books until 1939

NFL Broadcast PolicyNFL Broadcast Policy

Pre-1961, each NFL team Pre-1961, each NFL team negotiated own contractnegotiated own contract

NFL tried to pool NFL tried to pool contracts, invalidated by contracts, invalidated by the courtsthe courts

Sports Broadcasting Act Sports Broadcasting Act of 1961of 1961– Revenue sharingRevenue sharing

Congress granted Congress granted exemptions for NFL/AFL exemptions for NFL/AFL mergermerger

Broadcast PolicyBroadcast Policy

Blackouts since 1953Blackouts since 1953Nixon backed anti-blackout bill in 1972Nixon backed anti-blackout bill in 1972Bill passed 76-6 in the Senate and 336-37 Bill passed 76-6 in the Senate and 336-37 in the Housein the House– Sellout would lift the blackoutSellout would lift the blackout– Law was only temporaryLaw was only temporary

House held hearings in 1975 before law House held hearings in 1975 before law was to expirewas to expire– Pet Rozelle was alone in opposing the billPet Rozelle was alone in opposing the bill

Broadcast PolicyBroadcast Policy

Senate Anti-Blackout BillSenate Anti-Blackout Bill– Sports Broadcasting Act of 1975Sports Broadcasting Act of 1975– Voice voteVoice vote– Three year extension limited blackout range to 120 milesThree year extension limited blackout range to 120 miles

House passed similar billHouse passed similar bill– 363-40363-40– Permanent and limited blackout range to 75 milesPermanent and limited blackout range to 75 miles

Conference committee (ex post veto)Conference committee (ex post veto)– Lobbying by NFL over blackout rangeLobbying by NFL over blackout range– Committee stalled and legislation failedCommittee stalled and legislation failed– Senator Warren Magnuson (D-WA) and the Seahawks Senator Warren Magnuson (D-WA) and the Seahawks

Stalled legislation (power of the committee chair)Stalled legislation (power of the committee chair)

No legislation, but NFL abided by earlier (expired) lawNo legislation, but NFL abided by earlier (expired) law

SpygateSpygate

Patriots film guy – Patriots film guy – Matt Walsh – claims Matt Walsh – claims he taped signals and he taped signals and Rams walkthrough Rams walkthrough

Specter’s threat at Specter’s threat at hearingshearings– Threat to revoke anti-Threat to revoke anti-

trust exemptionstrust exemptions

Past Cooperative Learning Past Cooperative Learning AssignmentAssignment

Post PowerPointsPost PowerPoints

Put name on notesPut name on notes

Paraphrase and clarify Paraphrase and clarify – Put initials by your own editorial commentsPut initials by your own editorial comments

Need outline formatNeed outline format

RefworksRefworks– Use Write-N-CiteUse Write-N-Cite– Don’t post notes to refworks, do enter correct citationsDon’t post notes to refworks, do enter correct citations– Cite of chapters in edited volumeCite of chapters in edited volume

ResearchResearch

Cooperative Learning Assignment #2Cooperative Learning Assignment #2– Lexis-Nexis CongressionalLexis-Nexis Congressional– www.thomas.govwww.thomas.gov

Congressional Steroid HearingsCongressional Steroid Hearings