
The reserve clause is a term that has been used in the context of sports and constitutional law in the United States. In sports, the reserve clause refers to a clause in a professional athlete's contract that gives the club or team the exclusive right to automatically renew the contract, binding the athlete to the club until retirement or until they are traded or released. This clause has been used in various sports leagues, including Major League Soccer (MLS), the National Football League (NFL), and baseball. In the context of the US Constitution, the reserve clause refers to the Tenth Amendment, which aims to limit the power of the federal government and reserve authority for the states and citizens. This clause helps maintain a balance between federal and state powers, ensuring that any powers not specifically granted to the federal government are retained by the states or the people.
| Characteristics | Values |
|---|---|
| Type of Clause | Reserve clause, also known as the option clause |
| Application | Professional athlete's contract |
| Purpose | To reserve for the club the exclusive right to automatically renew the contract |
| Binding | Bound the athlete to the club until retirement or until the athlete was traded or released |
| Time Period | Until the 1970s |
| Amendment | Tenth Amendment |
| Powers | Grants powers not given to the federal government, to the states |
| Federal System | Defines the balance of power between the federal government and the states |
| Applicability | Applicable in education policy |
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What You'll Learn

The reserve clause in sports contracts
The reserve clause was first introduced in baseball in 1879 as a way to formalize the "five-man rule". Over time, it became a standard part of player contracts in the National League, with teams having the right to renew a player's contract for another year at the same salary. This led to the creation of the Players' League in 1890, which lasted just one season, as players tried unsuccessfully to fight the growing reserve system.
The reserve clause gave Major League Baseball (MLB) unprecedented power over players and independent organizations. It allowed MLB to dictate how and where professional players could move between clubs and led to the development of farm teams, giving them control over a large pool of players. Other sports, such as football, basketball, and ice hockey, emulated this system.
The reserve clause was challenged by players in various sports, including baseball player Curt Flood, who took his case to the Supreme Court, and basketball player Rick Barry, who sat out a season before joining his preferred team. The clause was believed to have been overturned in the 1970s, but young players today can still be bound to a team for up to 12 years before gaining free agency rights.
Currently, Major League Soccer (MLS) is the only major North American sports league that retains a reserve clause in every player's contract, designed to protect the league from antitrust lawsuits by preventing clubs from competing for player contracts.
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The reserve clause in the Tenth Amendment
The Tenth Amendment to the United States Constitution contains a reserve clause that plays a crucial role in defining the balance of power between the federal government and the states. The purpose of the reserve clause is to limit the power of the federal government and reserve most authority for the states and citizens.
The Tenth Amendment states:
> "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
This means that any power not specifically given to the federal government in the Constitution or prohibited to the states is retained by the states or the people. The reserve clause helps maintain a balance between federal authority and state sovereignty, allowing states to govern themselves within certain constitutional limits.
The Tenth Amendment was added to the Constitution as part of the Bill of Rights, which was ratified on December 15, 1791. Its inclusion was a response to concerns from Anti-Federalists, who feared that the new Constitution would create a strong central government that could overpower the states. Over time, there have been many debates over the scope of the Tenth Amendment and its interpretation in court cases. While the federal government has gained more authority, particularly through the use of the Commerce Clause, the Tenth Amendment remains a foundational principle for arguments in favour of states' rights.
For example, in United States v. Lopez (1995), the Supreme Court ruled that the federal government had exceeded its authority under the Commerce Clause, affirming the importance of state powers as outlined in the Tenth Amendment. Similarly, in Printz v. United States (1997), the Supreme Court held that the Brady Act violated the Tenth Amendment, as a federal law cannot force state or local officials to implement a federal regulatory programme.
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The reserve clause in Major League Soccer
The reserve clause was a clause in player contracts that bound a player to a single team for a long period, even if the individual contracts he signed only covered one season. For most of baseball history in America, the term of reservation was held to be perpetual, so a player had no freedom to change teams unless given an unconditional release. The reserve clause was abolished in baseball in 1975, and the system has largely been replaced by free agency.
Major League Soccer (MLS) is a professional soccer league that is the highest level of the sport in the United States and Canada. Unlike the other four major leagues of North American professional sports, MLS retains a reserve clause in every player's contract. This was initially to prevent clubs from competing with each other for player contracts, a feature of the single-entity structure designed to protect MLS from antitrust lawsuits. MLS is a single entity in which each team is owned and controlled by the league's investors, who are inaccurately referred to as team owners.
The reserve clause in MLS gives the league control over player contracts and movement between clubs. It prevents internal bidding, which MLS believes leads to increased costs in the global professional sports marketplace. While the reserve clause in MLS is similar to that of baseball, there are some differences. In MLS, the league's investors own and control the teams, whereas in baseball, teams were independently owned and operated.
The reserve clause in MLS has been sporadically challenged by players, similar to the challenges in baseball. However, as in baseball, the teams have been able to buy off the players before a court reaches a definitive ruling. The reserve clause in MLS has also faced legal challenges related to antitrust laws, as in baseball. The Supreme Court held in 1922 that baseball was exempt from antitrust laws, a decision that impacted the reserve clause in baseball. MLS has also sought to protect itself from antitrust lawsuits, which has been a concern for the league.
Overall, the reserve clause in Major League Soccer gives the league control over player contracts and movement, similar to its function in baseball before its abolition in 1975. The clause is designed to protect MLS from antitrust lawsuits and control costs, but it has faced legal challenges from players and concerns about its impact on player freedom.
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The reserve clause in the NFL
The reserve clause was similar to that of baseball at the time, where it was introduced to control player salary demands as baseball became a lucrative business. The clause was first proposed in 1879 and formalized in the 1880s, and it ruled baseball for the next 80 years. Players in the NFL, like those in baseball, tried to fight the reserve clause by forming unions, but they were ultimately unsuccessful.
The option clause, also referred to as the "reserve clause" by the NFL when seeking an antitrust exemption from Congress in 1957, allowed teams to keep players for another year at the same salary. This limited player mobility and was eventually replaced by "Plan B," which allowed teams to name a 37-man roster to which the reserve clause would apply, with all other players becoming free agents.
The Rozelle Rule, implemented by the commissioner, allowed for "compensation" for teams that lost a free agent by taking something of equivalent value, such as draft picks, from the team that signed the player. This rule was also eventually struck down as a violation of antitrust laws, bringing true free agency to the NFL.
Today, exclusive rights to a player are held for the first three years after their selection in the college draft. After this period, players can become restricted free agents, allowing their former team to match any offer from another team. After four years in the NFL, all contracts end, and players become unrestricted free agents.
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The Rozelle rule
The rule was designed to control player movement within the NFL and was part of the league's attempt to gain antitrust exemption from Congress in 1957. However, it was later challenged in federal court as a violation of antitrust laws. In the case of Mackey v. National Football League on December 30, 1975, Judge Earl R. Larson declared that the Rozelle Rule was indeed a violation of antitrust laws, as it deterred teams from signing free agents due to the uncertainty of the compensation that would be required.
The legacy of Pete Rozelle's equalization efforts extended beyond the NFL, influencing the Australian Football League (AFL) as well. In 1986, the AFL Commission adopted a policy of equalization based on Rozelle's methods, enabling the survival of expansion clubs and older clubs with smaller support bases. Rozelle's contributions to the NFL and the broader sports world were recognized with his induction into the Pro Football Hall of Fame in 1985.
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Frequently asked questions
The reserve clause is a clause in the Tenth Amendment to the United States Constitution. It was ratified in 1791 as part of the Bill of Rights.
The reserve clause limits the power of the federal government and reserves most authority for the states and citizens. It ensures that powers not specifically granted to the federal government are reserved for the states or the people.
An example of the reserve clause in action is in education policy. Here, states have the authority to create their own educational systems and regulations without federal interference.

























