Sunday, January 25, 2015

Playing #Hardball with the NFL Using Missouri's Power to Tax to #Brushback the Kansas City Chiefs, the Rams, and the NFL into building a new Saint Louis Stadium No. 000083

Tony Robbins

At 7:35:

"the defining factor is not resources it is resourcefulness"

We are still a week away from the SuperBowl but I have grown completely bored with the #STLNFL and the #NFL. I am especially bored with our Governor and local politicians who are trying to sneak one past the tax paying public by talking about paying the public portion of any stadium by extending current taxes.

Why bored? Because once again Missouri leads the nation in lack of resourcefulness.

If our politicians of either stripe were resourceful it would seem to me that they would be thinking as follows:

  1. The Roberts Supreme Court is an era of Renaissance for State's Rights.
  2. Surely there is a reservoir of a State's Rights over the NFL to prevent coercion in a stadium location, if the Federal Government lacks the power to coerce states into expanding Medicaid.

Simply put, when it comes to stadium location, the NFL is a conspiracy, which the NFL has argued is sanctioned by the United States under its anti-trust laws. Cf. City of San Jose v. Office of Commissioner of Baseball, No. 14-15139 (9th Cir. Jan. 15, 2015)Los Angeles Memorial Coliseum Com'n v. NFL, 726 F.2d 1381 (9th Cir. 1984).

That begs a question not considered before. By means of the anti-trust laws, can Congress coerce the States.

National Federation of Independent Business teaches, "No," Justice Roberts writing:

Coercing States to accept conditions risks the destruction of the "unique role of the States in our system." Davis, supra, at 685, 57 S.Ct. 883 (Kennedy, J., dissenting). "[T]he Constitution has never been understood to confer upon Congress the ability to require the States to govern according to Congress' instructions." New York, 505 U.S., at 162, 112 S.Ct. 2408. Congress may not "simply commandeer the legislative processes of the States by directly compelling them to enact and enforce a federal regulatory program." Id., at 161, 112 S.Ct. 2408 (internal quotation marks and brackets omitted).

Sum of it all.

The point, if we had a resourceful Governor and Legislature they would be actively looking at legislative solutions to the Saint Louis stadium situation. May I suggest thought be given to any of all of the following approaches for raising the funds necessary, either to renovate the Edward Jones Stadium or to construct a new stadium.

1) Enact a wealth tax, targeted toward the owners of the Chiefs and Rams, to tax away their ill gotten gains arising out of the squeeze put on the State of Missouri and its political subdivisions through the NFL's franchise location rules.

2) Enact an income tax or gross receipts tax, targeted toward the owners of the Chiefs and Rams, for the same reasons.

3) Enact a gross receipts tax on advertising revenue paid by advertisers for broadcasts of NFL games into the State of Missouri.

4) Enact a gross receipts tax on revenues received by either the NFL or its teams from broadcasters who televise or broadcast NFL games in Missouri.

Instead of #Ballgate, how about #Hardball with a few #Brushback pitches of our own.