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Originally posted by: bjcrackerNot a freedom issue?
< It's not a right I was born with ...>
You were born with this right as you have every right unless specifically prohibited.
First of all, the UIGEA is a law that regulates banks. There is no question about the constitutionality of federal banking regulation. It is obviously permissible. Secondly, while I do not think gambling on the internet is currently illegal in the United States at the federal level. [The DOJ disagrees, but hasn't won their argument in court yet.] It's certainly possible for congress to pass a law that makes internet gambling illegal. It would be constitutional under even a very strict interpretation of the commerce clause. Certainly, the wire act passed all the necessary constitutional checks.
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Originally posted by: bjcracker
Given the reactions to my posts, sadly I must agree. We are truly lost.
It depends on who you mean by "we." If you mean libertarians, surely, the answer has been yes for a long time. See the wikipedia entry for "Smoking Bans" for one recent example. Americans just don't care very much about the personal freedom of other people.
Fortunately, if by "we" you mean poker players, there is quite possibly a bright future. In D.C. (where you aren't allowed to smoke in any bar), they have just legalized internet poker and have a plan in place for implementation over the next year. And, of course, the senate majority leader Harry Reid and the same evil B&M casino dollars that supported Frist are now on our side pushing for legalization.
It is quite possible the best time for internet poker is ahead of us.