Sunday, January 26, 2014

Another Reason to Care about the Super Bowl

On Sunday, February 2, the Denver Broncos will face the Seattle Seahawks in Super Bowl XLVIII.  Future Hall of Famers, terrific offense and dominant defense aside, this Super Bowl is enticing for another slightly more controversial reason:  Colorado and Washington, the homes of the two teams, are the only two states in the United States where marijuana is legal, despite a federal prohibition against marijuana.  The situation is murky at best and raises question about federalism – or the relationship between the federal government, and the state and local governments across the United States. 
           
Federalism, at the most fundamental level, is a system of government wherein other government entities exist below the national level.  A unique element of the U.S. federal system is the method in which powers are shared between the national government and the states, who in turn share powers with local governments.  Some powers are expressly given to the federal government, such as the ability to maintain a national armed service. Others are reserved for the states, like gambling laws.  The result is a system of government that invites cooperation and dissent, flexibility and ubiquity.  Ultimately, our federal system is confusing, but does it make sense?

I argue it does.  Federalism might be messy, but it’s effective.  Take the national uproar over Obamacare.  As soon as President Obama put down his pen, states and businesses were mounting their legal assault on the monumental law.  The legal battle wasn’t resolved until Chief Justice John Roberts issued an opinion upholding the central tenants of Obamacare, at the same time giving states the opportunity to “opt-in” on the Medicaid expansion portion of the law.  Naturally, many “red” states opted out.  At the heart of Obamacare is the federal government’s “supremacy.”  We know the Constitution is the supreme law of the land, but it never mentions health care.  Rather, the 10th Amendment seems to imply health care is given to the states.  Obamacare, and the Court’s decision, are an example of the messiness of a federal system.  Things can seemingly exist on the federal level, but may be altered by the states.  With such a controversial law, giving the decision to a level closer to the people is a positive.

Federalism in the United States is also necessary to ensure the protection of the rights we believe to be “self-evident.”  Our Constitution is flexible and several rights have been added via amendment, although these amendments are often difficult to interpret.  For instance, the 14th Amendment contains the Equal Protection Clause, which requires each state to provide enforce the law equally for all citizen.  This clause was the basis for Brown v. Board of Education (1954), the Supreme Court decision that began the systematic desegregation of American schools.  The Brown decision was necessary because states across the nation kept schools racially segregated despite federal law demanding the opposite.  The lesson of Brown is that the federal government must, at times, intrude on state practices to ensure Constitutional rights.  Today, abortion issues exist at the intersection of state’s rights and federal jurisprudence; and abortion issues will continue until the federal government decides to uphold one national standard, or pass the issue completely to the states. 

Marijuana, school segregation and abortion each represent aspects of federalism’s largest advantage:  the opportunity for states to experiment with governance.  America’s “laboratory of government” is a brilliant concept.  Under our federal system, states are afforded the chance to enact and execute laws and policies they believe to be in the best interest of their citizens (thanks to the 10th Amendment).  Under the leadership of Republican governor Mitt Romney, Massachusetts enacted a near-universal health care system that served as the inspiration for Obamacare.  Today, North Carolina has enacted draconian cuts to education, and while deeply unpopular, the state is afforded the chance by our uniquely American system of government. 


Federalism - it’s messy, yet effective.  It is necessary to protect our rights and is the single greatest opportunity for state innovation.  Federalism may not be a perfect system, but it is our system, and it makes perfect sense.  And without it, we wouldn’t have the chance to watch the Super “Marijuana-Bowl” this Sunday.

Friday, January 3, 2014

The Kings of College Football (in the late 1800s): The University of Virginia

UVa Football – Uncompromised Excellence
How does it feel to be on top of the world and the envy of every college football program in America?  Just ask anyone associated with the University of Virginia and you’ll get your answer. 

Of course, it wasn’t all hunky dory on UVa football’s path to outright dominance. The Wahoos played their first intercollegiate game in 1888, a 26-0 drubbing at the hands of Johns Hopkins.  With the classic grit and determination that have characterized the Cavaliers for centuries, UVa returned the favor the following year - waxing Johns Hopkins 58-0 on route to a dream season where they scored 180 points and conceded a paltry 4 points.  The naysayers contend that UVa has had trouble building on the momentum started in 1889 by only winning three conference championships in 124 years  (Southern Conference in 1908 and the ACC in 1989 and 1995).  I say, when you’re as good as UVa, do you even need to exert your dominance year in and year out?
The experts argue that you are only as good as the present.  So, let’s look at the present including the last, um, four years of Cavalier football.  During this time, the ‘Hoos have been coached by a former undercover cop – Mike London.  How genius! In addition to being a flat out baller, he has brought much needed discipline to a team against whom opposing coaches have traditionally rested their stars for fear that they would get mauled by Virginia’s physical specimens who can only be likened to Ligers– the voracious monsters that result from lions breeding with a tigers.  Of course, those who drink the haterade say that over the last four years, the ‘Hoos are the second-most penalized team in the conference and lead the ACC with 103 turnovers.  I say, how is Mike London or even Mike Ditka supposed to tame these wild beasts?

The true haters and doubters like to bring up the fact that on London’s watch, UVa is 18-31 overall and 8-24 in the conference – including a 2-10 mark in 2013.  Pouring salt on the imaginary wounds, these misguided misanthropes claim that in 2013, the ‘Hoos were second to last in scoring (19.8 points per game) and possessed the worst defense in the conference – giving up an average of 33.2 points per game.  I say, Mike London is brilliant!  In fact, he ought to draw comparisons to Yoda for his prescient management of UVa’s football program.  He alone knows how good UVa is and understands that the only way to keep challenging his stable of thoroughbreds is by actually losing games.  He is a master motivator and quite frankly, could probably be doing even better if UVa’s AD cowboyed up and paid him what he is worth. 

The critics point to London’s pedestrian $2.5 million salary in 2013 and whine that the University is overpaying him.  Are you kidding me?  London is far from the highest paid coach in the ACC.  That honor belongs to Florida State’s Jimbo Fisher who makes $2.7 million a year.  Granted, he also has the ‘Noles playing for a National Championship.  If UVa just paid London a couple hundred thousand more there is no question that the Wahoos could be hoisting the BCS trophy the night of January 6.  Heck, why not up the ante and give London what he truly deserves – a Saban-like salary of over $5.6 million a year.  Think about it, Mr. UVa’s AD. 
So, for all you UVa football and Mike London haters out there, you got nuthin'.  The third President of our great nation founded the University and we have a former cop as our football coach.  The future is bright, my friends.  Stop drinking the haterade, get dressed up in your tie, blazer, khakis and sundresses, and come on out to glorious Scott Stadium to support the most revered college football program this country has ever had the privilege to see in action.