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.
Imperfect Patriots
July 12, 2017
Perhaps the most loyal thing a patriot can do for his or her country is to point out its flaws.
Even before this country’s Independence Day, people were at work to form a union that was imperfect at its start and remains so today. Some of its many flaws have been corrected, even as new flaws have been revealed.
We have imperfect patriots to thank for forming this nation and for helping this nation improve itself. Flawed people of conscience and courage have helped a young nation see itself as it was and also as it could become.
Some patriots have been famous, a few infamous, but most unrecorded in any historical account as they lived and labored in ways that improved their local community and, unknowingly, contributed to change they might not have imagined possible, improving everything from race relations to recycling to renewable energy.
This nation’s patriots are not merely those who lived at the birth of this nation. Every generation has had patriots who have been as important for nation-building as those in the 1700s. Patriots are found in and out of government. In homes and places of worship. They are found in the for-profit business world and in nonprofit organizations.
When, out of sincere loyalty, a person brings constructive criticism to a cause, that person helps to build and better the enterprise. It is as true of this imperfect organization as it is of our nation.