Article I, Section 8:
The Congress shall have power […]
To regulate commerce […] among the several states
The BCS involves significant amounts of money crossing state lines in a decidedly commercial interest. It falls squarely under the definition of interstate commerce.
Regulating commerce among the states does not equal regulating anything because it may have been incidentally involved in interstate commerce. Well, in case law it does. But that’s not the intent.
It seems to me to be a bit more than “incidentally” involved in interstate commerce. While technically it’s the broadcast rights that are being sold across state lines, effectively it’s the actual games that are being sold. Each game is worth hundreds of thousands of dollars, if not millions. Which teams are playing, and how that is determined, directly affect the product that is sold, where it is sold, and how it is sold.
While it would be rather stupid for Congress to get involved (which usually means that they will), it is squarely within their powers under the Constitution.
February 1st, 2010 at 10:50 am
Actually, it is in the Constitution.
The BCS involves significant amounts of money crossing state lines in a decidedly commercial interest. It falls squarely under the definition of interstate commerce.
February 1st, 2010 at 10:52 am
Not to say that it should be a priority, right now.
February 1st, 2010 at 4:53 pm
. . . and Jake smashes one over the fence!
February 1st, 2010 at 6:40 pm
Regulating commerce among the states does not equal regulating anything because it may have been incidentally involved in interstate commerce. Well, in case law it does. But that’s not the intent.
February 2nd, 2010 at 11:59 am
It seems to me to be a bit more than “incidentally” involved in interstate commerce. While technically it’s the broadcast rights that are being sold across state lines, effectively it’s the actual games that are being sold. Each game is worth hundreds of thousands of dollars, if not millions. Which teams are playing, and how that is determined, directly affect the product that is sold, where it is sold, and how it is sold.
While it would be rather stupid for Congress to get involved (which usually means that they will), it is squarely within their powers under the Constitution.