By William Anderson View all 46 articles by William Anderson Published 02/05/10
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I guess now I've seen it all. President Obama plans to bring the heavy hand of the Entity Formerly Known as the U.S. Department of Justice into the college football mix. Egged on by Sen. Orrin Hatch, Obama promises to see whether the Bowl Championship Series that determines the Division-I football national champions each year is, well, legal:
Several lawmakers and many critics want the BCS to switch to a playoff system, rather than the ratings system it uses to determine the teams that play in the championship game. "The administration shares your belief that the current lack of a college football national championship playoff with respect to the highest division of college football ... raises important questions affecting millions of fans, colleges and universities, players and other interested parties," Weich wrote. Hatch is miffed because in 2008 the University of Utah went unbeaten but was unable to play for the national championship because Florida and Oklahoma were chosen for the game by the BCS point system. Now, I have serious doubts that Utah could have beaten Florida that year in any venue, but nonetheless I myself would prefer a playoff. But even though I think a college playoff would be good, using federal law like a hammer to pound in this nail is not only overkill, but it also demonstrates the arrogance of Washington and the Obama administration, which apparently believes that all the world is the domain of the President and his minions. I am not going to fall into the argument that there are more pressing matters for the government to consider, given the state of the economy. In fact, I might be willing to say that if the President were to concentrate on such trivial matters and do nothing about the economy, perhaps we might see a recovery. Nonetheless, the larger point is that college football playoffs are not the government's business. Economist Charlotte Twight writes in her article "Sovereign Impunity": "Today all branches of America's national government -- legislative, executive, and judicial -- act with near impunity. Constitutional limits on the government's power have been eroded, institutional checks and balances rendered largely nugatory." If anything demonstrates the truth of Twight's statement, the government's foray into college football certainly does. Not surprisingly, the media are largely supportive of this move, as evidenced by this and other articles. Since modern American journalism is a product of the Progressive Era, and "Progressives" believe that all of life should be federalized, I doubt any prominent journalist will raise any questions about the constitutionality of this investigation. At best, some journalists will raise the "Shouldn't they concentrate on the economy?" argument, but that assumes that Washington actually is capable of doing the right thing there. Football fans who want a playoff no doubt will support this latest government escapade, but the issue as it pertains to liberty and limits on the power of the State is this: Government has no business telling a private organization how to determine athletic championships. Period.
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Also by William Anderson:
What to Expect from New York's "Workplace Bullying" Law 07/30/10
The New York Times Comes Clean About the Commerce Clause 07/22/10
The Good State and the Bad State, Progressivism, Part III 07/15/10
The Smart "State": Progressivism, Part II 07/08/10
Reaping the Whirlwind of Progressivism, Part I 07/02/10
View all 46 articles by William Anderson
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