#I don’t believe in the threefold law anymore

[terven-queen]

Any other witches on here interested in cursing some men with me? Men who deserve it: abusers and such. Let’s curse the famous ones like J*hnny D*pp but also the ones that have personally caused hell in our lives. We are stronger as a group. Let’s make them all fucking pay.

[theconqueeror]

If you don’t know whether you should read the witcher books or not, here’s one of my favorite chapters (completely non spoilery, no tw’s) from book 4 where Ciri argues  with a guy about whether revenge is good or not and I’m just in love with it forever and always:

‘Do you think I’m talking nonsense? Making wild claims?’

‘I think,’ he calmly replied, ‘you’re speaking in anger. I think you’re planning your revenge in anger. And I strongly urge you to calm down.’

‘I am calm. And revenge? Answer me: why not? Why should I eschew revenge? In the name of what? Higher reasons? And what’s higher than an order of things where evil deeds are punished? To you, O philosopher and ethicist, revenge is an improper deed, reprehensible, unethical and ultimately unlawful. And I ask: where is the punishment for evil? Who should attest it, adjudge it and inflict it? The gods you don’t believe in? The great demiurge-creator you’ve decided to replace the Gods with? Or perhaps the law? Perhaps justice, imperial judgements, prefects? You naive old man!’

‘And so it’s an eye for an eye, a tooth for a tooth? Blood for blood? And for that blood, more blood? A sea of blood? Do you want to drown the world in blood? O naive, damaged girl! Is that how you mean to fight evil, little witcher?’

‘Yes. Just like that! For I know what Evil fears. Not your ethics, not sermons, not moral treatises about a worthy life. Evil fears pain, impairment, suffering, death, the end! When wounded, Evil howls with pain like a dog! It rolls around on the floor and squeals, watching the blood spurt from its veins and arteries, seeing its bones stick out of stumps, seeing its guts crawl from its belly, sensing that with the cold, death is approaching. Then and only then does Evil’s hair stand on end and Evil finally yell: “Mercy! I repent of my sins! I’ll be good and decent now, I swear! Just save me, staunch the blood, don’t let me perish ignominiously!”

‘Yes, O hermit. That’s how you fight Evil! If Evil wants to do you harm, inflict pain on you-anticipate it, ideally when Evil isn’t expecting it. If, though, you didn’t manage to anticipate Evil, if you were harmed by Evil, then pay it back! Catch it, ideally when it has forgotten, when it feels safe. Pay it back twofold. Threefold. An eye for an eye? No! Both eyes for an eye! A tooth for a tooth? No! All its teeth for a tooth! Pay Evil back! Make it howl with pain, so its eyeballs burst from its howling. And then, looking down at the floor, you may confidently say: what’s lying there won’t harm anybody any longer, it won’t threaten anyone. For how can it threaten anyone without any eyes? If it has no hands? How can it do any harm when its guts are trailing over the sand, and the gore is soaking into it?’

‘And you,’ the hermit said slowly, ‘stand with your bloodied sword in hand, and look at the blood soaking into the sand. And you have the audacity to think that the age-old dilemma has been solved, the philosophers’ dream has been attained. You think the nature of Evil has been transformed?’

‘I do,’ she said defiantly. ‘Because what’s lying on the ground with blood gushing from it is no longer Evil. Perhaps it isn’t yet Good, but it certainly isn’t Evil anymore!’

‘They say,’ he said slowly, ‘that nature abhors a vacuum. Whatever is lying on the ground, bleeding profusely, whatever died from your sword, is no longer Evil. What is it then? Have you ever thought about that?’

‘No. I’m a witcher! When they were teaching me, I swore I would act against Evil. Always. And without thinking... Because when you start thinking,’ she added hollowly, ‘killing stops making sense. Revenge stops making sense. And you can’t let that happen.’

*note: it’s not Geralt she’s talking to, just to be clear

[ancientbooshartifacts]

Ask Naboo

Author: Nonexistantpup

Year: 2010

Rating: PG

Characters/Pairings: Naboo, Bollo, Spider Dijon, Rudi Van DiSarzio, The Braincell, Howince, Moss/Roy

Bollo slid his glasses up to his forehead and rubbed his hairy temples with two fingers. “It no good,” he said with a frown. Naboo looked up, annoyed. He was busy relaxing and smoking and hated to be interrupted. “What’s no good?” “Books no add up,” Bollo said. He sigh. “Bollo warn Naboo that monkeys not make good book keeper.” “What are you saying?” asked Naboo, with an impending feeling of doom. He’d have said he had a bad feeling, but didn’t want to steal Bollo's favourite phrase. “Need money,” Bollo explained. “Stop paying the losers workin’ downstairs then,” said Naboo. “Done that. Sold beach house too. No more money. What else can Naboo spare?” Naboo frowned. There was his submarine, but he never felt comfortable without one of them in the house. His Rudi & Spider memorabilia couldn't go either, of course, and his rug collection was pretty vital. “We better fix this,” he said unhelpfully. “Otherwise I’ll have to sell you, Bollo.” Bollo paled. Or - well, he didn't really pale. His fur remained the same colour. He seemed unnerved, however. “But - Naboo need familiar!” “I know,” said Naboo. He tapped his chin. “We need make money.” Naboo clicked his tongue and took another drag from his hookah. “I suppose I can go back into pop psychiatry,” he said thoughtfully. “I do sort of miss it. Hearing about peoples’ problems. Imparting wisdom. The regular income...” “What about Bollo?” asked Bollo. Naboo shrugged. “You could be my editor.” Bollo seemed appeased by this idea, and put his glasses back down onto the table. “Now,” said Naboo, “Call up the newspapers and tell them I'm willing to reinstate my relationships column." Dear Naboo, I can’t fulfill my partner’s sexual needs anymore; I'm exhausted! If it was just a good, hard romp four or five times a day, it would be no problem, but he’s practically insatiable! He has eight cocks, you see, which means every time we make love, we do it eight times in a row, each time lasting at least a month and a half. Now, I'm not great at mathematics, but I contacted a local mathematician, who informs me that 4 x 8 x 1.5 equals 48. Which means that every day, I have sex for over forty-eight months - in other words, more than four years! I'm exhausted! What should I do? - A Worn-Out Woman ‘Worn-Out Woman’, As I see it, your options are threefold. 1. Dump the freak and get some sleep. 2. Let me tell you the story of the broken flute. Once upon a time, there was a flute. One day, he tripped over one of his shoelaces and fell onto the footpath, breaking to pieces instantly. All the little shards of flute were scattered all over the place, causing passing bare-footed pedestrians to cut their feet. One of these pedestrians happened to be a passing eccentric billionare, who limped home, not realising the shard was still in his foot. The shard of flute had never been in a mansion before, and hopped off gleefully to look around, and liked the place so much that, that night, it cut the millionaire's throat while he slept and inherited his entire fortune. See what I'm sayin’? 3. Get over it. Sure, it may be hard to deal with at times. I get that. But think about it, yeah? You’ve got a man who alters the very laws of physics, the axioms of reality, just in order to have enough time to spend in the sack with you every day. There’s not many men who would do that. Love, Naboo

= =   

To Naboo, How can I make my boyfriend take our relationship more seriously? I mean, we have so much fun together and I know he cares about me, and yet whenever people ask him about me, he lies as if he’s ashamed, saying he is merely changing one of my strings. I love him, but if this doesn’t change, I don’t think I can go on seeing him. Please save our relationship? - Irritated Instrument Irritated Instrument, I had a similar conundrum in the forties, as it happens, when my girlfriend at the time wouldn't admit to being deeply in love with our cutlery drawer. They got together eventually, and are still together today, I believe, and expecting their second child. There are two options I can reccommend: 1. Don’t give up! If he cares for you, he will come through. Speak to him openly and honestly and tell him how you feel. 2. Give up! He’s a loser who seems to enjoy getting off with inanimate objects anyway. Find somebody more your type - a cello or perhaps a ukulele if you’re strung that way. Love, Naboo = = Deer Naboo, It’s got to the point where I just don’t no what to do anymore. I am married with children, yet I can’t seem to think of anything except the other people I’d like to shag and how much the drudgery of an unhappy marriage is marring my carefully pampered image. It would be alright, you know, but the person I’d really ideally like to fool around with just sees me as her boss. I’ve tried everything! I invited her to work late, and she worked late. I told her she was cute and she said ‘thank you’. I even custom-designed a sparkly soot, just to get her attention, but she still doesn't notice me. I'm starting to doubt my dead sexiness and although I know I have quite an important job, my work ethic is crumbling like a fresh piece of shortbread. What can I do?! - Suffering Cell Suffering Cell, I have some words of wisdom for you, although I can’t be sure they will be anything new. You have not been specific about many of your problems, but my crystal ball has kindly filled in most of the blanks. What you must consider very seriously is this tale - the tale of the ant and the grasshopper. Once upon a time, there was an ant and a grasshopper. They were experiencing a fruitful summer. For the whole season, the ant worked hard, storing up food for the winter while the grasshopper just hung around smoking joints and watching the telly, not collecting any food except for what he wanted to eat that day. The ant warned him that laziness came with consequences, but the grasshopper didn't care. When winter came, the ant had a huge stockpile of food - enough to keep it and its family nourished all the way through until spring, while the grasshopper was left outside, cold and hungry. He had run out of weed and the electric company disconnected his telly. Desperate, he knocked on the ant’s front door to beg for food, but frustrated with the grasshopper’s lack of responsibility, the ant said he would only share his family’s food if the grasshopper sold his body, prostituting himself off to the ant in exchange for food. The grasshopper, who wasn’t into that kind of thing (in fact, he was a bit of a prude) turned away in disgust, and the very next day he hopped aboard a plane, smuggling himself in the luggage of a slightly inebriated badger. He found himself on the other side of the world, where it was summer and food was plentiful, paid his way out of debt quickly and hired a lawyer so he could sue the ant for sexual harassment. I hope this has cleared some things up for you. Love, Naboo.

= = Alright, Naboo? Probably are. You seem to be pretty on top of things, being a shaman and that. Anyway, I live with a friend of mine who drives me nuts. He has no taste in clothes or music (ie. wears tweed and listens to jazz), is finicky (ie. Control Freak!) and I just fancy the pants off him. Well - not literally. Do you think it would be possible for me to actually do that though? But that’s not my question. See, he's taken to walking around the place wearing nothing. Well, nothing except this monocle of his - something to do with ‘going au naturale with class’. Whatever the reason behind it, it’s making me mental. I can’t even fancy the pants off him from afar, because a whole lot of the time he ain’t wearing them to begin with! So, what do you reckon? - A Very Randy Socialite Very Randy Socialite, You batty crease. Can't you tell? He's trying to seduce you. Just don't do anything unless you're sure there’s nobody else in the house, yeah? Love, Naboo P.S. I mean it. If I hear you two humping away in the next room, I'm throwing you out on your naked arses. I don't need that shit.

= =

Dear Naboo, I'm having the most awful trouble getting girls. See, I'm not bad to look at and I'm a clever, sensitive man, but none of them will look past my career. I am a homocidal maniac (hoping to climb the ladder and become an official genocidal maniac). I can't give that up! How can I get girls to accept me? - Bloody Lonely Bloody Lonely, I had a friend with the same problem. He worked in Dickson’s and girls could never come to terms with it, judging him and all that. Here's some wisdom that helped him and will hopefully do the same for you. This is the story of the green crow. Once upon a time, there was a crow. He was a normal crow, except for the fact that he was green and looked like a big, feathered, mouldy potato. In fact, one day Marilyn Manson saw him and was so disgusted that he kicked the poor crow into the recycling bin at a local primary school. The green crow was very upset, especially since he was such a huge Marilyn Manson fan he had a milky lens in one eye and hadn't drunk any water since 1997. Depressed, he sat in the recycling bin for days, ‘caw’ing miserably. On the fourth day, however, a whole lot of colourful craft paper cuttings rained down on him. The green crow was newly inspired. He found some old chewing gum and made himself a turban and cloak out of the colourful paper. From that day on, everybody treated him with respect because they thought he was a mouldy, green, feathered shaman and Marilyn Manson issued a public apology. That should clear up your problems. Love, Naboo.

= =

To Sir/Madam (I'm sorry, your name is quite androgynous), I must admit I am quite distressed. My best friend and I are always doing things together. We should be seeing girls but instead we’re always in each other’s company like an old married couple. I'm at the end of my tether. Thank you in advance, - In A Flippin’ Rut In A Flippin’ Rut, The answer to your problem is so simple, I'm frankly staggered that you’ve even found the need to ask my advice. Obviously, you and your best friend are meant to be together. The real problem is just that you have all the elements of a successful marriage except for a healthy sex life. So, you know. Get it on. Duh! Love, Naboo P.S. I do have more specific advice regarding what you should do, but it is inappropriate material to have published here. Send me a private email and I shall tell you the story of the phallus-shaped coral.

= =

Dear Naboo, Just what kind of an advice columnist are you? My friend wrote to you, complaining that we can't meet anyone because we're "like an old married couple" and you send him some story about coral willies and tell him to seduce me in the most disgusting way imaginable. You are obviously a pervert and shouldn't be allowed to give advice to anyone. -Thoroughly Repulsed P.S. Just to clear things up, we are NOT like a married couple in any way. 

= =

Thoroughly Repulsed, That’s gratitude for you. From your indignation, it’s pretty clear to me that the seduction worked. If you wanted it to happen in another way - one that perhaps didn't involve an aquarium, smelling salts or three feet of chicken wire - you should have stepped up and made the first move on your ‘friend’ long ago. What are you, some kind of selfish, absent-minded, narcissistic slacker? You pompous bloody wanker. Love, Naboo P.S. Whatever. P.P.S. Bite me. P.P.P.S. Prick. P.P.P.P.S. Watch your step, yeah? Or I will turn my back on you.

= =

Naboo, I'll have you know that the seduction did NOT work. What I saw when I got into work this morning made me want to vomit. It's pretty clear to me that you're a wanker with nothing better to do than corrupt perfectly nice people with your kinky fantasies. My friend and I haven't spoken to each other all day and it's been very awkward for the both of us. I hope you're happy. -Repulsed P.S. You're the prick. And how dare you call me narcissistic. 

[eyesaremosaics]

Hey, Megan :) The High Priestess, The Hierophant, Temperance, The Hanged Man and The Tower :)

Hi sweetheart! How are you? Happy new year! Let’s see…

The High Priestess: How did you first discover your path?

My path as a witch/spiritualist? It has always been in me. My mom says I was a very wide eyed and psychic child. That I used to unnerve people sometimes. She said when I was 3, I sat and described the entire process of how the Native American’s made pillows. In great detail, with no prior concept of their culture or anything.

I could see auras, spirits, (was always having conversations with people who weren’t there. Mom said I would pause, listen to the inaudible response, and then reply to whatever it was I heard. Prophetic dreams, with all my past lives…. Because of this, mom put me in a psychic pre-school. Many people avoid me because my energy and intensity, forces people to look at and evaluate themselves on a deeper level–which most people don’t like to do.

Mom used to crush herbs, make her own incense, and would cast spells with me at a very young age. Probably 6 or seven… But she taught me how to perform ritual magic when I was a bit older 11 or twelve (and could be trusted with dangerous tools such as fire). My best friend at the time, went to a catholic school, she was defying her parents in secret, though she was genuinely interested in learning about paganism .

We both did a lot of research, and began practicing together. She would come over every other weekend to perform a ritual. It was a fun time. After that I practiced almost every day on my own. My first relationship was with a girl, and her mother was also a witch. Together we would cast spells, dance around each other giggling in my room… Very soft memories. Sad how nothing stays.

Still practice, I meet friends every once in a while who enjoy it as well. My friend Diane and I used to get together to manifest desires with creative visualization using ritual magic. One of the spells we cast, was for me to find an apartment (during the tech boom when prices were sky high), within a few days–I signed a lease.

I cast a spell to bring love to my friend Teresa, within a week she reconnected with a former acquaintance, who has now been her live in boyfriend/life partner for the last 4 years. I find it easier to manifest for others, yet only manage it for myself in desperation. Strange.

So I guess I was sort of born into it. It’s in my blood, my ancestry.

——

The Hierophant: Best advice you’ve ever received from a witch?

“Be sure to say goodbye and close the board of you use the Ouija oracle.”

I don’t mess with Ouija anymore. The last time I participated in a seance, it was Halloween at the speakeasy. I had been in the parlor reading tarot for hours. Took a break to head into the boss’ office to see what my friend Holly was up to. The room is an emerald green, lit with art nouveau lamps, dark oak furniture and flickering candles. Holly excitedly beckoned me in.

“Join our seance.” She asked me cheerfully. I told her that I don’t mess with the board. Last time my friend Talia and I did it, something followed me into my dreams saying in a demonic voice “I am going to take you and everything you love”, it hid in my closet feeding off me while I slept. No joke. I woke up to the feeling of something watching me. I felt something sitting in my closet. The creepiest feeling.

She assured me that she takes it very seriously, and that she always closes the board or banishes the negative entities. I hesitantly agreed. Two patrons were seated on either side, Holly across from me. She asked if there were any spirits present. Instantly I felt a needle go through my solar plexus. Suddenly I could ’t breathe, and broke down into hysterical tears. Out of nowhere. When she asked if it was a good spirit. The planchette went to “NO”. The pain worsened. And I collapsed on the couch, hyperventilating. Whatever it was, it felt my sadness. It burrowed inside me and ate it like candy. Gives me the chills just thinking about it.

She told it to leave immediately, and forced the planchette to the word “goodbye” on the board, before turning it over. She had to burn sage for a few minutes to get me to stop shaking. Fuck that. I don’t mess with Ouija, but my message to you is this: it is so important to close the board.

If you don’t, you leave the portal open.

————

The Hanged Man: Which area of witchcraft are you least familiar with?

Hmm… Black magic I suppose. Hexes, jinxes, curses. I have studied them, grimoires, satanic rituals but never attempted to use any. My interest in the dark arts is all academic, morbid fascination. I would never invoke that sort of darkness into my life, I am far too sensitive.

——-

The Tower: Have you ever cursed someone?

No. Unless you count the voodoo doll I made of this boy who bullied me in the 4th grade. I had just seen “the craft”, and my friend and I thought we could torture him. It was made out of binder paper stapled together haha. Needless to say, we did not do it right. It was foolish child’s play.

When I got older and seriously studied the occult, I quickly realized that I wanted no part of black magic. I am a firm believer in karma, and the threefold law. The threefold law states: do harm to none. Any harm you cause will come back to you threefold. My pagan girlfriend that I mentioned earlier, cast a curse on an ex boyfriend who broke her heart. A few days later… He got hit by a car while skateboarding. He survived, but was hurt pretty bad. Within the years/months following this incident, her grandfather died of tuberculosis, her cousin commit suicide, and her brother died of an overdose.

You could say it was all coincidence, but I don’t like creating bad karma. My soul is too old and wise for that. I created enough bad karma in my past lives, my mission is to repair the damage, not create more. I feel very strongly about that.

[allsoulsnight]

49💫

49. Do you believe in god(s)? Do you go to church or religious celebrations often?

Well, I grew up pagan so in a way I definitely do lean towards polytheistic ideals, but I don't actively pray or seek out higher knowledge from any gods anymore. I celebrate Halloween/Samhain and a generic Winter Solstice/Holiday but that's it. I wouldn't call myself religious, though. I still focus a lot on how your actions, good/bad, affect your life (threefold law) and I have always been a firm believer in fate/predetermined happenstance. I believe one must have empathy for every individual (varying levels of course) and that any relationships/bonds should be cherished, leaving people better than when you found them.

Hope that wasn't too much information!

[maddiviner]

This is a complicated topic. I myself am not Wiccan, either, and don’t use the phrase. When other folks do, I tend to take it as a general sentiment of goodwill. At least, I know I should take it that way, but recently, I cannot help but be slightly uneasy when I hear it. It’s not a big deal, though, and it’s just a thing with me. Why? The reason’s a little... odd.

I used to spend a lot of time on witchy Facebook groups. I don’t do that anymore (for reasons that will become clear). On those groups, there was (and is still) a lot of nastiness.

A lot of the time, when I’d disagree with someone (usually pretty politely, I might add!) I’d get a very angry, vitriolic response back with “Blessed be” tacked on at the end. I suspect that was either passive-aggression or just an attempt to cover bases (as in, they could say, “See? I said blessed be! I am so peaceful and spiritual!”) but it was a very common thing.

I mean, it got to the point where once I angered some witches by pointing out that a) the Threefold Law is not a trad Wiccan belief, and b) Wicca isn’t a million years old.

When I admitted I didn’t believe in “karma” or the “Threefold Law,” they became very enraged, and their parting shot was “Blessed be, you poor lost soul.” Because that made the fact they’d been calling me every nasty name in the book okay. Because that showed that they were “enlightened.”

The worst was probably when folks would throw in some expletives along with the “Blessed be.” A while back (this was the incident that made me leave most of those groups), I got “Blessed f**king be, you c*nt!” thrown at me after someone in a group noticed I had one of their “enemies” on my friends list.

This really bugged me, because while I’m not Wiccan, I do respect those that are, and it seems disrespectful to those for whom the phrase “Blessed be” is deeply meaningful. It was never meant to be used as a passive-aggressive parting shot or to be thrown out with a bunch of expletives. It just seems wholly wrong use the phrase that way.

Sorry for the rant, and I realize the above is weirdly specific, and perhaps doesn’t really answer the question. The long and short of it? I don’t say “Blessed be.” If someone says it to me with a genuine spirit, I don’t mind, and typically say something nice back. I honestly don’t know terribly much about the deeper esoteric meaning of the phrase, but now I’d kind of like to research it.

How do you feel about the phrase “blessed be” and does it make you uncomfortable when someone says it to you?

I’m not wiccan and I don’t personally use the phrase. I’m just wondering how others feel about it being used.

Thoughts?

[sevenlovescats]

4, 8, 9, 11, 13, 18, 19, 25, 30, 40, 42, 47 and 56 (this is definitely waay to much but the questions are so good and i'm curious but ofc you don't have to answer all of them) ;;;;

i shamelessly answered all of them oops (thanks for the ask ^^)

4) What do you think about most?

Mostly music. Like, I always have a song playing in my head at any given time. 

 8) If you are outside, what are you most likely doing? 

Sitting down and reading, or playing on my phone. 

 9) Simple but extremely complex. Favorite band? 

Bro. Bro. This is difficult bc I don’t listen to many bands anymore… Okay either BIGBANG (they count, right?) or Panic! At the Disco. I also listen to Little Mix here and there, but I’m not a fan per se. 

 11) Do you believe in karma? 

Not really… I believe in the threefold law/rule of three/law of return 

 13) What is your greatest weakness; your greatest strength? 

My weakness… I lose my temper reeeeally easily. I also whine a lot. My strength… *sweats* does literature/writing count? 

18) What’s a sound you hate; sound you love? 

I hatE ANY GODDAMN SCREECHING NOISE LIKE NO, FUCK OFF. But I love the sound of cats purring or people moaning (I’m sorry but honestly it’s pleasing to the ear it’s not even a sexual thing) 

 19) What’s your biggest “what if”? 

What if I was raised by different people? Where would I be now? What would I be doing? Would I look different? 

 25) To you, what is the meaning of life? 

Life doesn’t have much meaning for me yet. I’ve mentioned it before, but I’m emotionally unattached to most things that people are normally attached to. I hope once I get my shit together and grow up I’ll have some meaning but until then;;; 

 30) Ever had a rumor spread about you? 

Unfortunately, yes, by someone who was pretty close to me. 

 40) Are you the kind of friend you would want to have as a friend? 

Answered here 

 42) You are at the doctor’s office and she has just informed you that you have approximately one month to live. a) Do you tell anyone/everyone you are going to die? b) What do you do with your remaining days? c) Would you be afraid? 

a) I would quietly inform those close to me, yesb) I would plan accordingly and make sure everything is set (I’d probably also fly to a foreign country or something wild like going to Vegas tbh) c) i’d be pissing myself tbh i would not be prepared to die

47) What is the single best decision you have made in your life so far? 

To pursue books and art, i suppose

 56) You can erase any horrible experience from your past. What will it be?

Hmm… Oh! Probably when a horse bit my nipple and almost drew blood. That was not fun. I have not gone near horses since. 

[robonomics]

Sports Betting is Now Legal-ish

SCOTUS struck down the Professional and Amateur Sports Protection Act (PASPA), which made sports betting illegal in all but a couple exempted states. Unless a state has a separate law currently on the books making sports betting illegal, you are free to do it now. What it came down to was a 10th Amendment principle called anti-commandeering.* While I imagine I’ve talked about this principle on this blog in the past- probably incorrectly at that given my pretty expansive view of the concept- the doctrine holds that the federal government cannot make a state or its agents implement a federal policy. Essentially, the federal government cannot tell a state to enact or enforce federal law or programs.

In Murphy v. NCAA, 584 U.S. ___ (2018), New Jersey repealed an old state law that banned sports betting that existed before PASPA was passed in 1992 in order to make it legal. Here’s the relevant, challenged language of the law:

It shall be unlawful for (1) a GOVERNMENT ENTITY to sponsor, operate, advertise, promote, license, or authorize by law or compact, or (2) a PERSON to sponsor, operate, advertise, or promote, pursuant to the law or compact of a GOVERNMENT ENTITY, a lottery, sweepstakes, or other betting, gambling, or wagering scheme based, directly or indirectly (through the use of geographical references or otherwise), on one or more competitive games in which amateur or professional athletes participate, or are intended to participate, or on one or more performances of such athletes in such games.

28 U.S.C. §3702. I’ve capitalized and bolded the relevant parts of the statute to show how anti-commandeering works. Here, Congress unabashedly wrote a law that tells states how to write their local laws without choice. Congress declared this by saying, “It shall be unlawful for a government entity to...” and for “a person... pursuant to the law or compact or a government entity...” to do the listed actions related to sports gambling. With this language, the federal government commandeered (took over) states’ authority to write law in an area not already regulated by the federal government.

Unlike proper law making under the Constitution’s Supremacy Clause, this overstepped the 10th Amendment, making states enact legislation that banned sports gambling. Congress can’t do that, because it supplements the state’s position as an equal sovereign entity. “It is as if federal officers were installed in state legislative chambers and were armed with the authority to stop legislators from voting on any offending proposals,” wrote Justice Alito accurately. Quoting New York v. United States, 505 U.S. 144 (1992), the origin of the anticommandeering principle, “The Constitution [] confers upon Congress the power to regulate individuals, not States.” As the court showed, if Congress wants to ban people from gambling on sports, then it has to do it itself. Congress can’t force states to do its bidding.

The reason for the anticommondeering principle is threefold. First, accountability. If Congress wants to implement a policy citizens like or hate, it has to be the one to take credit for it. By forcing states to shoulder the burden, it confuses voters into holding a state accountable for the federal governments policy choices. Democracy doesn’t work if voters don’t know who to vote in or out of office. Secondly, anticommandeering stops the federal government from making states pay for their policies. If Congress wants to make a policy, it can’t force states to pay for it. They have to go through the normal channels and take citizens directly. Third, anticommandeering is a piece of the 10th Amendment’s dual sovereignty principle, that states are not merely an entity of the federal government, but rather on equal footing in terms of sovereignty. As long as the federal government hasn’t already decided to regulate something themselves or the subject matter isn’t exclusively given to the federal government under the Constitution, states get to decide policy without interference.

After an exhaustive analysis of what “authorize” means, which to be honest was pretty confusing, the court held that it doesn’t matter whether Congress writes a law telling states affirmatively what to do or what not to do. If they are directing their actions, it violates the Constitution. Congress could incentivize a state’s behavior with carrots, like funding for implementing federal policy. But those carrots cannot be forced on them. For example, Congress said it would give states lots of money to fix roads if they increased the legal drinking age to 21, but it was up to each state whether they wanted to implement that policy to get that money or not.** The issue of the word “authorized” mattered in the opinion because of the timing of PASPA’s passage relative to then-existing New Jersey law. This case upheld the principle that Congress can neither tell a state what policies to make or not to make.

Overall, the case did a great job of explaining the concepts involved in the anticommandeering doctrine. I would suggest it for future Con Law I classes if students are confused about the principle. Notably, students should focus on the part about Marales v. Trans World Airlines, Inc., where the court explains that if Congress makes a law the affirmatively tells States not to make law over an area, it’s okay so long as Congress likewise makes a law that does the exact same thing in reference to individuals. Wait, what? This is why the bolded part above is so important. In this statute, it speaks both to a government entity (states) and people. However, when referencing people, it only regulates them if they act “pursuant to the law or compact of” a state. Section (1) directly talks to the state, while Section (2) only applies to people upon Section (1) happening. At no point is Congress directly regulating people, so this law does not fall under the Marales-like scenario.

This is why I think the dissent’s criticism was wrong in this case. They talked about severing the statute so that the some of the language regulating people in Section (2) could still stand. The majority held that because of the language in the statute, notably the bolded language above, there was no way to severe parts of the statute while maintaining what Congress intended. Congress, according to the language in the statute***, did not intend to regulate people, but only states. Simply put, if Congress just didn’t write “pursuant to the law or compact of” a state, then there would be no issue and the court would just take out section (1). But Congress didn’t. They wrote two provisions that were directed at either the state specifically, or at people only in the event that a state was commandeered into doing what the federal government told it to do. Therefore, nothing in the statute could survive. When you read the dissent’s opinion, it’s as if they simply ignored the phrase “pursuant to the law or compact of” a state and said just cherry pick which parts of the sentence you want to keep. Doing so would save the current ban on sports gambling, but at the same time changes what Congress said in the plain language of the law. Courts can severe parts of statutes that are illegal from the legal parts so long as it doesn’t change the law, but here it was impossible without changing who the law was directed to.

So there you have it, a really long way of saying you can now piss away your money on sports. Some estimates believe that over $100B of black market activity will now come to the counted market. However, today’s ruling doesn’t mean that it will always be legal, just that until Congress decides to directly regulate citizens activity, it’s up to each state to make that call. It’s a battle I don’t see the NCAA winning as much anymore, but that’s just a guess.

*SCOUTS uses “anticommandeering”, others use “anti-commandeering”. I don’t know the actual rule here, so I’ll write it however I feel at the time of writing. Screw consistency!

**There might be a case on this, if I remember correctly. I’m not taking the time to look it right now. I wonder if anticommandeering would apply to a federal policy that so highly incentivizes state compliance that a state doesn’t really have a practical choice to deny implementing the policy; something like a funding incentive so high that to deny it would deprive the state of money it can’t afford to lose, or deprivation of money from unrelated matters that are also funded by the federal government. The hypothetical question here is can federal taxes be so high that states, in order to not be so far out of line with other states to incentivize population loss or some other detrimental effect, be effectively forced into complying with a federal program against it’s will? It’s an interesting idea, one unlikely to ever present itself. But who knows!

***The court went into each specific verb in the statute, and whether each action was severable. The court sounded like they looked into legislative history, and also did a few logical inquiries into the likelihood of what Congress meant when it made the law. Much of this seemed a bit hypothetical, as Justice Thomas pointed out in a concurring opinion. It’s pretty hard for courts to determine what Congress intended or would have passed if some parts were taken away, he said.