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.
It’s About the Base
May 8, 2018
Former Southeast Conference Commissioner Roy Kramer, whom Michiganders like to claim as our own for his East Lansing High School and Central Michigan University coaching roots, seized the opportunity of an acceptance speech for an award he received recently from the Tennessee Chapter of the National Football Foundation, College Football Hall of Fame and Knoxville Quarterback Club to deliver a sobering message regarding the game he loves so much – football.
His concerns were for the survival of football on college campuses “where their games will never be on television and will be played in front of less than 10,000 fans.” Which is the situation for 90 percent of the nation’s college football programs.
He also said, “I’m even more concerned about games on Friday night.” Mr. Kramer has been a long-time opponent of Friday night telecasts of college football games because they do poorly both at the gate and in television ratings, and they conflict with the tradition of approximately 6,000 high school football games played locally on Friday nights.
We Michiganders are sometimes criticized for our “conservative” views about the boundaries of a sensible scope for educational athletics. We come by this naturally, on the shoulders of people like Roy Kramer who, even after years in the glitz and glamour of elite college football, maintains his concern for more modest college programs as well as high school football.
It is this base of the game, not the few at the pinnacle, that is the future of a game under siege in dozens of courthouses and state houses across the U.S. – and worse, a game being questioned in many thousands of homes where football was once the game of choice.