Common Good

November 23, 2011

During the first week of July in 1995, I read an editorial by Judith A. Ramaley, president of Portland State University in Oregon, that seems as appropriate for today’s events and public policy environment as it was then. Perhaps even more so.  Ms. Ramaley wrote:

“I used to think that character is how you behave when no one is looking.  For most of us that may still be true.  For public figures, however, character is how you behave when everybody is looking . . .

“. . . Nearly a century ago when President Woodrow Wilson was still a college professor, he said:  ‘A great nation is not led by a man who simply repeats the talk of the street corners or the opinions of the newspaper.  A nation is led by a man who, rather, hearing those things, understands them better, unites them, puts them into common meaning; speaks not the rumors of the street but a new principle for a new age; a man for whom the voices of the nation . . . unite in a single meaning and reveal to him a single vision, so that he can speak what no man else knows, the common meaning of the common voice.’”

As our “modern” nation heads into the heart of yet another election season, with earlier and earlier primaries leaving little separation from the last acrimonious campaigns, it is this quality above all others that I’m seeking to find in the candidates for public office:  the uncommon heart and mind to unite us for the common good.

Controlling Authority

September 22, 2017

On occasion, someone who does not like a rule of sports applied to his or her child’s situation will suggest that the Michigan High School Athletic Association has misunderstood or misapplied the rule ... and then proceeds to tell us (or a court of law) what the rule really says or means.

At such times, we are tempted to quote from the Honorable Frank H. Easterbrook’s Foreword to Reading Law by Antonin Scalia and Bryan A. Garner. Judge Easterbrook, who retired in 2013 from the United States Court of Appeals for the Seventh Circuit, wrote: “The text’s author, not the interpreter, gets to choose how language will be understood and applied.”

The true and intended meaning and application of MHSAA rules and regulations are determined at the time they are adopted by their authors – MHSAA Representative Council and staff – not at the time they are challenged by those who find the meaning and application inconvenient.

For this reason, courts customarily, and correctly, do not intervene ... do not substitute their judgment for that of the authors and administrators of the rules.

The controlling case in Michigan, by the Michigan Court of Appeals in 1986, held that courts are not the proper forum for making or reviewing decisions concerning the eligibility of students in interscholastic athletics.