Is a National Lottery Constitutional?
Here’s another interesting nugget from the old OLC memos. Can Congress create a national lottery?The OLC (in the 1980s) took the position that no enumerated power could sustain a lottery.
I’m not sure why a lottery is not a tax. Granted, it’s voluntary, but lotteries do raise plenty of revenue. You could also argue that a lottery facilities commerce (for all of the retailers who sell tickets). There is no prospect, though, for congressional legislation on this point.