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Originally Posted by Cannon Shell
Depends upon the interpretation of the commerce clause of the constitution. Does horseracing really fall under interstate commerece? You could argue that simulcasting does but the regulation of the sport in regards to the actual sport does not seem to be be interstate commerce.
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While the current Supreme Court has been trying to rein in, pardon the pun, Congress's ability to legislate in certain areas (the case where the Court invalidated, on Commerce Clause grounds, the Congressional act prohibiting guns within so many feet of a school comes to mind immediately), I don't think there is any question that racing, in its modern form, constitutes interstate commerce.