CoachTJones":padz244j said:
Tebow I'm sorry to hit you on this one, but Federal Government laws do not apply to Leagues and organizations. When a student athlete decides to play football at a high school they have a series of membership levels that they are under. First the school they are currently playing for decides whether or not to let them on the team. Second, The district the team is a part of follows standards passed down from the State Organization. Now a kid does not have to follow these rules. He is not legally bound to play football nor is he legally bound to play on the Varsity squad. The only reason he would have to follow these rules is if he wanted to be eligible to play football at the Varsity level in this specific league. The major word in all of this is that the athlete decides to voluntarily join this team. The problem with equating this to Government rules is that in HS you have the option to just not play football. In the real world we do not have this option to just not play Government. Unless you decide to live in a boat in International Waters I guess.
I am disappointed to see your Angelo State University education did not teach you about due process!
All joking aside, the UIL is part of the TEA which is an agency of the state government. Article 1 of the Texas Constitution guarantees the same rights as the Bill of Rights.
When an agency has a hearing on anything, from whether or not a oil permit should be given to a company to whether Landon Burkhart should be able to play football, they are required to give due process. Due process under the common law is defined as A. Notice and B. A Change to Be Heard.
The reason they have to do this is centered how they derive their power; Congress, whether the state of federal congress, delegates their power to the agency for a specific task. Essentially, Congress is "delegating" the TEA the power to enforce rules and regulates on schools, which they created the UIL for sports. Thus, the UIL is beholden to "we the people," even if they do not want you to know that.
Although I believe and hope Landon received a change to present his case to the people that decided he couldn't play last year, I think a very strong argument could be made that the UIL Bureaucrats are not representative of the people. This whole concept of agencies is something that, in my opinion, the American people are ignorant about, and I take every opportunity to educate the masses about it. Besides a law suit, the Texas State Legislature could take power away from the TEA or force them to amend the process.
If you are a public school employee, like Coach Jones, you want to stay away from this topic as the teacher's unions would consider my statements treasonist. Nevertheless, if Congress "delegated" it's power to an agency for a specific purpose, then, in theory at least, Congress could undelegate that authority. The same principal goes from the federal congress as well; if the IRS keeps targeting conservatives, then just create a new agency to collect taxes.
EDITED for STRAIGHT SHOOTER'S COMMENT: Jerry needs to stay at Richland after the way the UIL targetted his family, at least until all his kids are out of the house. What they did to Landon was horrible!