Originally Posted by OzExorcist
Can anyone show me where it's written that this right exists?
Amendment IX to the US Constitution:
The enumeration in the Constitution of certain rights shall not be construed to deny or disparage others retained by the people.
In other words, it need not be written that this right exists in order for it to exist. We don't have the enumerated right to shower, for instance, but it exists.
That said, gambling (including poker) has been singled out and laws about it have been written. In many states, it is expressly illegal. In others, it is restricted to certain geographic areas. In others, it is restricted to state run and Indian reservation operations. Then there are city and county ordinances which can further restrict it.
For online poker, you have potential transactions across state lines which then involves federal interstate commerce and wire laws. I think this was the original problem for online poker. And then most recently, of course, was the 2006 federal law which doesn't allow money to be transferred to play.
So, if you happen to live in some jurisdiction where the right is not expressly denied, then you have the right, even if it is not explicitly granted. But because of the 2006 federal law, I don't think such a jurisdiction exists. Unless the game of poker itself gets around the law because it is not a "game of chance". In which case the issue of the legality of online poker could be tied up in the courts for years.
As far as the "no-brainer" stuff goes, I agree with you. Poker is, in the minds of many Americans, right up there with the sins of drinking and prostitution. Prostitution has been almost entirely outlawed and many states are still "dry" on Sundays. Many Americans would love to see Prohibition return. So you are right, poker will not have an easy go of it here in the US.