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Federal Regulation of Gambling Does Not Violate Commerce Clause Powers of Congress
Description Circuit court upheld the constitutionality of a federal statute regulating gambling. A person convicted under the federal statute contended that it violated the Commerce Clause, but the court held that it did not as there was a rational relationship between the regulation and commercial activity.
Topic Constitutional Law
Key Words Commerce Clause, Gambling
C A S E   S U M M A R Y
Facts Lee was convicted of running an illegal gambling casino in Georgia in violation of a federal gambling statute. Lee contended that under the Commerce Clause the federal statute is an unconstitutional exercise of Congress's power. The district court rejected the defense; Lee appealed.
Decision Affirmed. The circuit joins two other circuits that have considered the same issue in light of U.S. v. Lopez (514 U.S. 549), where the Supreme Court invalidated the Gun-Free School Zones Act as an unconstitutional exercise of Congress's power under the Commerce Clause. The gambling statute is constitutional because it bears a much stronger relationship to commerce and has a rational basis to the regulation of gambling.
Citation U.S. v. Lee, 173 F.3d 809 (11th Cir., 1999)

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