Baseball Musings
Baseball Musings
March 10, 2005
Congress on Steroids

Sports Law Blog does some research and decides that Congress does have jurisdiction to hold hearings on the issue.

So if the issue goes to court, will Congress or Baseball win in this clash of the titans? I have done a cursory review of the relevant law*, so if I am missing anything, please do correct me. Though unstated in the constitution, it is uncontested that Congress has the power to conduct investigations in accordance with its primary function of passing laws. Thus, if a constitutional law could result from an investigation or hearing, then it appears to be a proper exercise of congressional power. Arguments that legislation will not result, or that the invalid legislation will result, does not relieve Congress of this power. In addition, Congress can hold hearings to determine if existing legislative schemes are functioning as intended. Congress cannot, however, investigate matters of purely private concern.

I've had no doubt Congress could hold such hearings. My question is why? There are more important matters to tend to, and baseball appears to be addressing the problem adequately. Unfortunately, Congressional grandstanding is not a reason to ignore a supoena.


Baseball Musings is holding a pledge drive during March. Click here for details.


Posted by David Pinto at 03:53 PM | Cheating | TrackBack (0)
Comments

David -

Your question about the hearings was 'why'?

ANSWER: "Because baseball is Our game - not Fehr's, not Orza's, not Selig's. It is America's game. And if baseball wants not to be singled out than it should hand in its title as America's pasttime, and hand in its anti-trust exemption. Don't worry - Congress will still address other matters of national security, but a few hours dedicated to this, instead of to idle hob-nobbing in DC is fine by me.

Because of the actions of certain players, you and I, fans of this game, are left to wonder where Bonds and McGwire really do stand. And we'll never know. As Reggie Jackson said, it didn't take a rocket scientist to see how frequently folks were approaching the 500HR mark and at such a pace. And we all deserve blame for not calling it out sooner.

Let's not skirt the issue. Let grown men show up and answer to the country for what has taken place on our watch. It just shouldn't be that much to ask.

That's 'why'

Best regards,

-Sean

Posted by: Sean at March 11, 2005 03:01 PM

David,
I would have to agree with Sean. Even though there are many different issues going on in this world that seem to deserve more attention, many people believe that we should look into our own backyards and fix our own problems at home first. This is a problem that does deserve some attention. These players broke a law, and yes, so have many other players in many other sports, but like Sean said...baseball is AMERICA'S FAVORITE PASTTIME!! How can we allow drug users (because believe it or not, that is exactly what they are) be the POSITIVE role models to our children? This isn't just for baseball players either. I mean how can we allow them into our homes every weekday or weekend, allow our children to look up to them, and then find out that they earned what they have by cheating????? Is that a fair message to deliver to everybody? It isn't fair to us as fans to make us wonder how they came about winning such awards.

Posted by: Tisha at March 14, 2005 03:01 AM

So what you are saying is the same thing they are saying, we should just overlook the fact that they are breaking the law and just let them continue unlawful drug use because they have money?

Posted by: JAMES HAWK at March 15, 2005 03:38 PM

I have been reading all of the comments posted here and the one question that I have is "What jusrisdiction does Congress have over the actions of a few EMPLOYEES of a privately owned company?"

Posted by: Vince at March 17, 2005 10:45 AM

I couldn't agree more with you, David. I believe that this so-called investigation is the equivalent of "idle hob-nobbing in D.C." Next, they'll be calling Angelina Jolie to D.C. for an investigation into rowdy sex. After all, Angelina is a role model to children and, by gosh, Congress should not condone such conduct by remaining silent. I don't understand why people can't just tell their kids not to worship any idiot athlete or actor. I'm tired of the "do it for the children" argument. Stop watching t.v. and you'll be fine.
And, if steroids is illegal, then it's up to the prosecutor to prosecute these people. These "investigations" are simply about digging up the juicy details of famous people's lives.

Posted by: Lisa at March 17, 2005 11:14 AM

I agree Lisa! Doesn't Congress have more important issues to deal with? Let baseball deal with their players, football deal with theirs and Hollywood, well, they can have theirs too! I can't help but wonder how 'clean' all these tough congressmen and women are as well.

Posted by: Danelle at March 18, 2005 12:17 AM

The real problem with steroids isn't that they give an unfair advantage to a player. So does good nutrition, available weight training, good coaching, etc.

The problem is that the long-term side effects are so damaging, that many players won't make the trade-off between performance and years off their lives.

But what happens when advancements in the medication reduce or eliminate the side effects? What happens when steroids, or a similar substance, is as safe as Vitamin C?

What will sports look like then?

Posted by: Tony Iovino at March 18, 2005 03:45 PM
Post a comment









Remember personal info?