Background

Critical sourcing caveat: this is the 2005 update. Per its own Article I, it expired on December 31, 2012. MLB does not publicly publish revised Constitutions; the current operative version has been amended/re-adopted at least once since and is not publicly available. Subsequent revisions have surfaced only via litigation exhibits (e.g., in franchise sale and stadium-related litigation) and leaks. This 2005 version remains the standard public reference because no newer public version exists. Originally adopted as the Major League Agreement on January 12, 1921 — the foundational document creating the office of the Commissioner of Baseball, in the wake of the 1919 Black Sox scandal and the subsequent appointment of Kenesaw Mountain Landis. The Constitution's 'best interests of baseball' power (Art. II, Sec. 2(b) and Sec. 4) is the operative authority for nearly every famous commissioner-action case in baseball history — including Charles O. Finley v. Kuhn (1978), in which the 7th Circuit affirmed Kuhn's voiding of Finley's player-sale agreements as an exercise of best-interests authority. The 'competitive balance' clause in Sec. 4 is rhetorically load-bearing for any owner argument about salary cap, revenue sharing, or anti-tanking measures. Cite specific Article/Section numbers when discussing Commissioner authority; flag that the current operative text is not publicly available and that any quoted provision should be confirmed as still operative.

Key provisions

• Article I — Formation and Duration of Constitution. The Major League Constitution constitutes an agreement among the Major League Baseball Clubs, binding each to its terms. Critical: 'shall remain in effect through December 31, 2012' (Art. I) — this version has therefore expired by its own terms; the current operative version is not publicly available.
• Article II, Sec. 1 — The Office of the Commissioner of Baseball. Defined as an unincorporated association doing business as Major League Baseball, with the Major League Baseball Clubs as its members.
• Article II, Sec. 2 — Functions of the Commissioner. CEO of MLB; investigative authority over any act, transaction, or practice alleged to be not in the best interests of Baseball, with subpoena power; punitive authority subject to the Basic Agreement; rule-making authority for Commissioner's office procedures; authority to appoint League Presidents; decisions on on-field discipline, playing rule interpretations, game protests.
• Article II, Sec. 3 — Punitive Actions. The Commissioner may impose for each offense one or more of: (a) reprimand; (b) deprivation of a Major League Club of representation in Major League Meetings; (c) suspension or removal of any owner, officer, or employee of a Major League Club; (d) temporary or permanent ineligibility of a player; (e) fine, not to exceed $2,000,000 in the case of a Major League Club, not to exceed $500,000 in the case of an owner, officer or employee, and in an amount consistent with the then-current Basic Agreement with the MLBPA in the case of a player; (f) loss of the benefit of any or all of the Major League Rules; (g) such other actions as the Commissioner may deem appropriate.
• Article II, Sec. 4 — Limits on 'Best Interests' Power. The Commissioner shall take no action in the best interests of Baseball that requires the Clubs to take, or to refrain from taking, action by vote, agreement, or otherwise on any matters requiring a vote of the Clubs at a Major League Meeting under Article II Sec. 9 or Article V Sec. 2(a) or (b); proviso: nothing in this section shall limit the Commissioner's authority on matters involving 'the integrity of, or public confidence in, the national game of Baseball,' which integrity 'shall include without limitation the actions of the Commissioner, the ability of, and the public perception that, players and Clubs perform and compete at all times to the best of their abilities' and 'public confidence shall include without limitation the public perception, as determined by the Commissioner, that there is an appropriate level of long-term competitive balance among Clubs.' (The 'competitive balance' clause is rhetorically significant — it explicitly empowers the Commissioner to intervene in matters of 'long-term competitive balance.')
• Article II, Sec. 5 — Notwithstanding Provision on CBA Matters. The Commissioner's 'best interests' power shall be inapplicable to any matter relating to the process of collective bargaining between the Clubs and the MLBPA.
• Article II, Sec. 6 — Best Interests Action Against Non-Parties. Authorizes the Commissioner to pursue legal remedies, advocate remedial legislation, and take other steps regarding conduct by organizations or individuals not parties to the Constitution that the Commissioner deems not in baseball's best interests.
• Article II, Sec. 7 — Office Financing. Office of the Commissioner financed as the Clubs shall determine; audited financial statements and proposed budgets submitted annually to the Executive Council for approval.
• Article II, Sec. 8 — Commissioner Term. Minimum three-year term; eligible to succeed self; re-election considered 6–15 months before term expiration; no diminution of compensation or powers during sitting term.
• Article II, Sec. 9 — Election. By Clubs and written ballot at a Major League Meeting; affirmative vote of not less than three-fourths of all Major League Clubs required for initial election; re-election requires majority.

Notable provisions

This Major League Constitution constitutes an agreement among the Major League Baseball Clubs, each of which shall be entitled to the benefits of and shall be bound by all the terms and provisions hereof, and it shall remain in effect through December 31, 2012, except that the provisions of Article II, Section 3(g) shall expire at such time as the current Commissioner ceases to hold office.— MLC Art. I

The Office of the Commissioner of Baseball is an unincorporated association also doing business as Major League Baseball and has as its members the Major League Baseball Clubs.— MLC Art. II, Sec. 1

Notwithstanding the provisions of Section 2, above, the Commissioner shall take no action in the best interests of Baseball that requires the Clubs to take, or to refrain from taking, action (by vote, agreement or otherwise) on any of the matters requiring a vote of the Clubs at a Major League Meeting that are set forth in Article II, Section 9 or in Article V, Section 2(a) or (b); provided, however, that nothing in this Section 4 shall limit the Commissioner's authority to act on any matter that involves the integrity of, or public confidence in, the national game of Baseball.— MLC Art. II, Sec. 4

Integrity shall include without limitation the actions of the Commissioner, the ability of, and the public perception that, players and Clubs perform and compete at all times to the best of their abilities. Public confidence shall include without limitation the public perception, as determined by the Commissioner, that there is an appropriate level of long-term competitive balance among Clubs.— MLC Art. II, Sec. 4 (proviso)

Further context

Major League Constitution (June 2005 Update)

The most-cited publicly-available version of MLB's foundational governance document. Originally adopted as the Major League Agreement on January 12, 1921 — the document that created the Office of the Commissioner of Baseball after the Black Sox scandal. The 2005 update is the latest version MLB has effectively made public; subsequent amendments (the document expired by its own terms on December 31, 2012) have been confidential.

What this document does

The Constitution structures the league as an unincorporated association of the 30 Major League Baseball Clubs, with the Office of the Commissioner as the operational entity. It defines:

• Commissioner authority (Article II), including the famous "best interests of baseball" power and its limits.
• The Executive Council and committees.
• Club voting procedures and the supermajority thresholds for various decisions (3/4 vote for Commissioner election, expansion, relocation; lower thresholds for other matters).
• The relationship between the Commissioner's authority and the CBA process (Sec. 5 — best interests power inapplicable to collective bargaining matters).
• Punitive authority and fine caps ($2M for Clubs, $500K for owners/officers, player fines per the CBA).

Critical caveat — this version has expired

By its own Article I, this version remained in effect "through December 31, 2012." MLB has not publicly published any version since. The current operative Constitution has been amended and re-adopted multiple times in the intervening 14 years; those changes are not public.

For research and citation purposes:

• Provisions in this version that are structural or longstanding (Commissioner authority, "best interests" power, voting thresholds) are presumed still operative because no public indication of structural change exists.
• The expired date itself, and specific fine amounts, voting thresholds, and committee structures, should be flagged as potentially superseded.
• When citing for serious legal purposes, note this is the 2005 version and current text may differ.

Key provisions

The Constitution is the document frequently referenced but rarely quoted. Specific provisions worth noting:

• Sec. 4's "competitive balance" clause — explicitly authorizes the Commissioner to act on matters of "long-term competitive balance," the rhetorical hook for nearly every league-side argument about salary cap, revenue sharing, and CBT.
• Sec. 3(e)'s fine caps — $2M for Clubs, $500K for individuals — notable when assessing how small these caps are relative to franchise valuations and owner net worth.
• Sec. 9's 3/4 vote requirement for Commissioner election — relevant when analyzing why commissioners tend to be owner-friendly.
• Sec. 5's CBA carve-out — the formal limit on the Commissioner's "best interests" power in labor matters.

Related documents in the archive

• 2022-03-10_cba_mlb-cba-2022-2026.md — current CBA; Article XII (Discipline) of the CBA cross-references the Constitution's Commissioner authority.

Verification status

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Related documents

Supersedes

MLB Constitution (June 2005 Update)

Related documents

MLB Constitution (June 2005 Update), 2022–2026 MLB Basic Agreement

Source provenance

• Primary source
• Wayback Machine archive