Congress and Sports

1. Congress and Sports

2. Congress in the Constitution 1. Legislative Power • “All legislative Powers herein granted shall be vested in a Congress of the United States” (Article I, Section I) 2. Power of the Purse • Taxation • “All Bills for raising Revenue shall originate in the House of Representatives” (Article I, Section 7) • “lay and collect taxes” (Article I, Section 8) • Spending • Congress to “Provide for common defense and general welfare” (Article I, Section 8). • “No money shall be drawn from the Treasury, but in consequence of appropriations made by law” (Article I, Section 9). • Coin Money

3. Congress in the Constitution 3. War Powers • “To declare War” 4. Regulate Commerce • Commerce Clause • 1964 Civil Rights Act – Prohibition of Business Discrimination 5. Necessary and Proper Clause • Make all laws which shall be necessary and proper for carrying out the execution of the foregoing powers and all other powers vested by this constitution in the Government of the United States, or in any department or office thereof. (Article I Section 8) • Federal Bank – McCullock v. Maryland (1819)

4. Delegate Do what your constituents want Responsiveness through “rational anticipation” No deliberation “all politics are local” Burkian Do what you think best Responsiveness through “electoral turnover” Deliberation Politics are national, the locals get left out. Two theories of representation

5. Congressional Control over the Executive Branch • Organization • Budget • Lawmaking • Oversight

6. Congress and American Sports

7. Introduction • Two eras • Pre 1960s  sports as a sports • Post 1960s  sports as business • Sports are not treated equally • Boxing (heavily regulated) • Baseball (almost no regulation) • Justification of Congressional Interference • Commerce clause

8. Anti-Fight Film Legislation • Jack Johnson vs. Jim Jeffries • Johnson won the fight in 1910. • Congress thought showing the film would cause riots • Jack Johnson vs. Jim Flynn • Two southern senators tried to introduce anti-film fight legislation before match • Johnson beat Flynn in 1912 • Bill was passed and signed into law by Taft on July 31, 1912 • Mann Act 1910 brought down Johnson • Anti-Fight Film legislation on the books until 1939

9. NFL Broadcast Policy • Pre-1961, each NFL team negotiated own contract • NFL tried to pool contracts, invalidated by the courts • Sports Broadcasting Act of 1961 • Revenue sharing • Congress granted exemptions for NFL/AFL merger

10. Broadcast Policy • Blackouts since 1953 • Nixon backed anti-blackout bill in 1972 • Bill passed 76-6 in the Senate and 336-37 in the House • Sellout would lift the blackout • Law was only temporary • House held hearings in 1975 before law was to expire • Pet Rozelle was alone in opposing the bill

11. Broadcast Policy • Senate Anti-Blackout Bill • Sports Broadcasting Act of 1975 • Voice vote • Three year extension limited blackout range to 120 miles • House passed similar bill • 363-40 • Permanent and limited blackout range to 75 miles • Conference committee (ex post veto) • Lobbying by NFL over blackout range • Committee stalled and legislation failed • Senator Warren Magnuson (D-WA) and the Seahawks • Stalled legislation (power of the committee chair) • No legislation, but NFL abided by earlier (expired) law

12. Spygate • Patriots film guy – Matt Walsh – claims he taped signals and Rams walkthrough • Specter’s threat at hearings • Threat to revoke anti-trust exemptions

13. Past Cooperative Learning Assignment • Post PowerPoints • Put name on notes • Paraphrase and clarify • Put initials by your own editorial comments • Need outline format • Refworks • Use Write-N-Cite • Don’t post notes to refworks, do enter correct citations • Cite of chapters in edited volume

14. Research • Cooperative Learning Assignment #2 • Lexis-Nexis Congressional • www.thomas.gov

15. Congressional Steroid Hearings