Legal Regulation of Gambling Since 1950

Prior to 1950, gambling activity was generally prohibited at the federal and state levels. Since that time, a movement has developed to legalize various forms of gambling, first lotteries and more recently casino operations. Federal policies against gambling, supported by Congress's power over interstate commerce, have been principally motivated by a desire to control organized crime. They have been more successful at curtailing certain forms of gambling, chiefly illegal casinos, than they have been at cutting down organized crime itself. State policies toward lotteries have shifted from prohibition to state authorization as a means of raising revenue. Controversial, they appear to be a fixed feature of modern fiscal policy. Long limited to Nevada, casino operations are now found in New Jersey, and they are widely under examination for adoption elsewhere. Organized crime influence in allied services and unions, if not the casinos themselves, remains a serious problem. Reconsideration of fundamental policies toward gambling should take into account their economic, political, social, and moral as well as legal implications.