Justice Department Looking Into the BCS?

cawacko

cawacko

Well-known member
Really? Now Obama didn't mention this in his SOTU like Bush did with steroids but I wonder if Meryl Streep will still be pissed? haha...

I think USC gets f'd by the BCS but does the justice department and Obama really need to get involved in this?
 
LMAO... Well maybe this is the pivotal change in strategy from Team Obama? They really need to sink their teeth into something they can actually appear to WIN for a change, and maybe something as trivial as this will be it? If this doesn't produce a victory for Obama, perhaps they will move to the Humane Society and try to change policies for catching dogs or something... it's a steady spiral down the toilet, ain't it?
 
ESPN is reporting on this story but I saw it being discussed on the 'SC football board. Here are a few really good responses I thought on the issue. I'm not a lawyer so this is 'above my pay grade' but pretty good discussion here.


1st response: When you consider how the NCAA relies on the Government for tax-exempt status, and then uses that status to make profits, and then a select group of schools leverage that status to create a discriminatory system that disenfranchises members under this tax-exempt umbrella, it definitely gives the government legal authority to investigate.

Freedom of association is fine, but when you throw in tax-exempt status that changes things.


2nd response: So I guess churches shouldn't be allowed to discriminate against athiests then, right? And Catholic Hospitals should be forced to perform abortions and dispense birth contro? Both are also tax exempt?

I am not a lawyer either, although I follow Constitutional law as a hobby and took a few law courses in college. I can tell you that the Supreme Court has already ruled in two cases (one involving the Scouts and gay scout masters, the other involving NY's St. Patrick's Day parade and would be gay marchers) that the freedom of association includes the freedom to disassociate, even for organizations with tax exempt status. So while I don't think that the BCS is really a "freedom of association" issue (although that is a rather interesting way to look at it), I can say with near certainty that your analysis of their tax-exempt status is wrong, not to mention rather dangerous for the concept of personal freedom.


3rd response: Constitutional protections only apply once the government gets involved. In legal parlance, there must be an "entanglement" of some sort that qualifies as "state action."

Generally speaking, Catholic Hospitals and churches usually don't receive government aid, as they are PRIVATE entities. Hence, the distinction.

In contrast, the NCAA, besides receving tax exempt status, also has member universities who receive federal funding in various forms. As a result, that constitutes a connection to the government and is considered "state action." Thus, the Constitution and it's rights, privileges, restrictions, etc. kick in.

Huge difference in what the Constitution allows/doesn't allow when you are comparing a private entity without any government/state action involved as opposed to when the government is involved and/or "entangled."
 
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I love NCAA football. I am a fanatic for the Crimson Tide.

But with all the shit going on in the world right now, the BCS is not a priority. When Obama fixes the economy, lowers unemployment, gets us out of two wars, and handles the other important issues on his plate, THEN he should look at the BCS.
 
cawacko said:
ESPN is reporting on this story but I saw it being discussed on the 'SC football board. Here are a few really good responses I thought on the issue. I'm not a lawyer so this is 'above my pay grade' but pretty good discussion here.


1st response: When you consider how the NCAA relies on the Government for tax-exempt status, and then uses that status to make profits, and then a select group of schools leverage that status to create a discriminatory system that disenfranchises members under this tax-exempt umbrella, it definitely gives the government legal authority to investigate.

Freedom of association is fine, but when you throw in tax-exempt status that changes things.


2nd response: So I guess churches shouldn't be allowed to discriminate against athiests then, right? And Catholic Hospitals should be forced to perform abortions and dispense birth contro? Both are also tax exempt?

I am not a lawyer either, although I follow Constitutional law as a hobby and took a few law courses in college. I can tell you that the Supreme Court has already ruled in two cases (one involving the Scouts and gay scout masters, the other involving NY's St. Patrick's Day parade and would be gay marchers) that the freedom of association includes the freedom to disassociate, even for organizations with tax exempt status. So while I don't think that the BCS is really a "freedom of association" issue (although that is a rather interesting way to look at it), I can say with near certainty that your analysis of their tax-exempt status is wrong, not to mention rather dangerous for the concept of personal freedom.


3rd response: Constitutional protections only apply once the government gets involved. In legal parlance, there must be an "entanglement" of some sort that qualifies as "state action."

Generally speaking, Catholic Hospitals and churches usually don't receive government aid, as they are PRIVATE entities. Hence, the distinction.

In contrast, the NCAA, besides receving tax exempt status, also has member universities who receive federal funding in various forms. As a result, that constitutes a connection to the government and is considered "state action." Thus, the Constitution and it's rights, privileges, restrictions, etc. kick in.

Huge difference in what the Constitution allows/doesn't allow when you are comparing a private entity without any government/state action involved as opposed to when the government is involved and/or "entangled."
Click to expand...

Dixie is pwned again. Nice post Wacko.
 
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