None of This is New
October 31, 2011
Those commenting on national affairs keep saying that our political processes are too polarized to get anything done; but political parties were every bit as divided in the 18th, 19th and 20th centuries as they are today, and public debate was even more strident than the lack of civility we see today.
The grilling of Supreme Court nominees, Wall Street bankers and British Petroleum executives can seem sensational, but this has been nothing like the early 1950s when Senator McCarthy of Wisconsin conducted hearings into Communist sympathies of employees in government and Hollywood.
It is almost laughable to assert that modern political debate is disintegrating. Heck, in 1804 our nation’s vice president, while in office, challenged a critic to a duel. And shot him dead! Now that’s discord!
My point is that the political process didn’t break recently. If it’s broken, it’s always been broken, always contentious and acrimonious – from the drafting of the Declaration of Independence and Constitution, to the War Between the States, until today: corrupt politicians, polarized political parties, bitter debates, contentious elections.
None of this is new, except for the increased media coverage. None of this alone is to blame for today’s inability to solve problems. And all of this together is not to blame for today’s problems.
Perhaps closer to the heart of the problems today in Michigan and our nation is a lack of heart in “we the people.” A lack of passion, principle and – most of all – common vision and purpose.
Maybe we’ve just had it so good for so long that we’ve forgotten to dream for better days and fight for a better future.
Maybe these tough times will refresh our dreams and reignite the fight.
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.