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Old 05-30-2007, 06:12 PM
Skallagrim Skallagrim is offline
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Location: The Live Free or Die State
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Default Re: Read the UIGE Act, please ....

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In the UIGE Act, Congress has expressly exempted Intrastate online gaming. ... end of Commerce Clause debate.

States HAVE been left a right to offer IntraState online gaming.

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You know I respect your opinion Milton, but the part saying "end of Commerce Clause debate" should be stated as an opinion.

The UIGEA was so horribly drafted that its final interpertation is beyond the predictive ability of mere humans. There is the IntrAstate provision, but no express commerce clause exemption, usually a requirement. Plus, it still makes certain federal laws (the wire act) pre-emptive over state laws, hardly a sign that Congress wants out of ruling in this area.

I suspect the courts would not rule this an express commerce clause opting-out, but rather merely a federal regulatory law making use of state law, a not unusual thing. But thats just my opinion.
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