Tuesday, November 01, 2005

Because the Senate isn't Doing Anything Else Important

AP: Bunning, McCain reintroducing steroids legislation

So McCain is missing during the vote on the Coburn Amendment redirecting Alaskan pork so he can come up with a bill like this?

So how do I react to this? Part of me (the conservative) says "Good for Congress. Way to actually enforce the laws on the books." Steriods are illegal, right? Then the libertarian part of me says, "Where does Congress get the power to do something like this?" Of course, it gets the power because it's Congress and it can do anything it frickin wants to. Plus, baseball is forced to have Congress intervene because of that ole anti-trust exemption.

(Sidenote 1: This is where the Supreme Court makes no sense whatsoever. Back in the 1920's, the Supreme Court passes the buck on ruling baseball under the anti-trust laws, saying that only Congress can say whether MLB is subject to those laws. So there's two things: I think this may be the only time I know of where the SC said that it's congress' decision on the application of a law. Why can't they do this for other things... like abortion. Second, how has this stood up as settled law for so long? You'd figure that someone would've challenged the exemption a long time ago. After all, isn't the Consitution a living, breathing document?)

(Sidenote 2: Ok, so Congress has jurisdiction because of the whole anti-trust stuff. But what about other sports? I imagine the NFL, NBA and NHL aren't going to be happy about this. And what about other sports? The WWE, the Strongest Man competitions? Everyone knows they juice, but there's no mention of them in the bill.)

So where to come down on this idea? The first area is federalism, is this something that falls under federal jurisdiction? And that's an affirmative. Now, the second question is SHOULD this be something the government should intervene in? I'd probably say this should be one of the lower priority issues on the Senate docket, especially considering that the Senate has some closed door meeting today on the whole "Scootergate" shenanigans. Then again, at the same time, these are bills that should more or less fly through Congress because it's a political no-brainer. Who's going to be the dumbass Congressman or Senator to vote against something like this? I could definitely see them getting torn to shreds if they voted against something like this. ("Senator X voted against punishing steriod users. What does that say about Senator X? Do you want to vote for someone who allows cheating in sports?")

So do I support something like this? On one side, this doesn't affect me. It doesn't spend any money (directly) and I'm not about to play pro baseball, nor will it change my affinity for following baseball. However, on principle, I'd have to say that this is a dumb piece of legislation. If the government can deal out punishment in a completely private industry, who's to say they can't do the same in every industry? "If a worker speeds to get to work, then they're suspended for two years for the first offense and a lifetime ban for the second offense." And don't say it's a bad argument because it's the same exact thing.

And finally, there's this nugget:
The proposal has a provision urging leagues to erase records achieved with the help of performance-enhancing drugs.

At least right now it wouldn't be required. But I can definitely see the creation of the Bureau of Sports Statistics in the Department of Commerce, which would produce official government statistics for every sport. And more jobs and government spending for everyone.

So I'd definitely have to say that I would oppose this piece of wonderful legislation. Of course, it all depends on which way the political wind is blowing. Congress, since it's waste of time hearings in March, has been itching to put it's stamp on the issue. It's only a matter of time before they make the leap into this arena.

Finally, I direct you to the Baseball Think Factory discussion on the topic. Loads of hilarity there. Here's my favorite (#39):
The issue here is not whether players broke a few rules, or took a few liberties with performance enhancing drugs - they did. But you can't hold a whole league responsible for the behavior of a few, sick twisted individuals. For if you do, then shouldn't we blame all sports? And if all sports guilty, then isn't this an indictment of our entertainment industry in general? I put it to you, Senator McCain - isn't this an indictment of our entire American society? Well, you can do whatever you want to us, but we're not going to sit here and listen to you badmouth the United States of America. Gentlemen!