Professional Documents
Culture Documents
The cover image, His Effort, is a painting by the late Ernie Barnes (1938–2009),
an internationally known artist, a former professional football player, and an
unforgettable friend.
Barnes is best known for his unique figurative style of painting, and he
is widely recognized as the foremost African American artist of his genera-
tion. His paintings first became known to millions of people when used as
the cover theme for the hit television show Good Times and as the cover art
on such popular albums as Marvin Gaye’s I Want You, Donald Byrd’s Donald
Byrd and 125th Street, NYC, and B. B. King’s Making Love Is Good for You.
Barnes’s ability to capture the powerful energy and movement of sports
earned him recognition as “America’s Best Painter of Sports” by the American Sports Museum. In 1984
he was appointed official artist for the Summer Olympic Games in Los Angeles. His sports commis-
sions include paintings for the Los Angeles Lakers, Carolina Panthers, New Orleans Saints, Oakland
Raiders, and New England Patriots, as well as a painting displayed at the Naismith Memorial Basketball
Hall of Fame to commemorate the fiftieth anniversary of the National Basketball Association.
One of the remarkable features of Barnes’s work is his use of elongation and distortion to represent
energy, power, grace, intensity, and fluidity in his art. His sports background provided a distinct vantage
point for observing bodies in movement, and he used his unique understanding of the human anatomy
to portray not only athletes but everyday mannerisms in delayed motion. As a result, his images com-
municate an intimate sense of human physicality.
For many people, Ernie Barnes captures the spirit and determination of athletes as they express
themselves through movement. His images present to us the kinesthetic soul of sports.
This is the sixth consecutive cover of Sports in Society that presents the art of Ernie Barnes. When
Ernie spoke to students in Los Angeles, he usually brought copies of the book with him to show that
art, sport, and academic learning could come together in their lives. This particular cover image was
chosen to represent Barnes’s legacy based on his effort to represent the wonder and endurance of the
human spirit.
Much of Barnes’s work can be viewed at ErnieBarnes.com. My thanks go to Ernie’s longtime friend
and assistant, Luz Rodrigues, and his family for sharing His Effort for this edition of Sports in Society.
vii
CONTENTS
Preface xi
How Do Sports Affect Our Lives? 68
Summary: Who Plays and What Happens? 77
3
Summary: Is Deviance in Sports Out of Control? 142
Sports and Socialization: Who Plays
and What Happens to Them? 50
What Is Socialization? 52
Becoming and Staying Involved in Sports
Changing or Ending Sport Participation
54
58
6 Violence in Sports: Does It Affect
Our Lives? 146
What Is Violence? 148
Being Involved in Sports: What Happens? 62 Violence in Sports Throughout History 149
viii
Contents ix
Creating Race and Racial Ideologies 227 The Organization of Professional Sports in North
Sport Participation Among Ethnic Minorities in the America 367
United States 240 The Organization of Amateur Sports in North
Race, Ethnicity, and Sport in a Global Perspective 254 America 375
The Dynamics of Racial and Ethnic Relations in Legal Status and Incomes of Athletes in Commercial
Sports 257 Sports 377
Summary: Are Race and Ethnicity Important in Summary: What Are the Characteristics of
Sports? 261 Commercial Sports? 385
Images and Narratives in Media Sports 410 High School and College Sports Face
Experiences and Consequences of Consuming Media Uncertainty 488
Sports 419 Summary: Do Competitive Sports Contribute to
Sport Journalism 423 Education? 503
Summary: Could Sports and the Media Survive
Without Each Other? 425
xi
xii SPORTS IN SOCIETY: Issues and Controversies www.mhhe.com/coakley11e
always hoping to have ten to twenty new ones for that are featured in the Online Learning Center
each new edition. I regularly ask friends to take (OLC), along with selected sport management
photos if they are in unique sport settings. In the discussion issues related to the chapter content.
final photo selection I usually review 250 photos The most significant change in this edition is
for every one I choose to include in the book. a new chapter on age and ability. Research and
In all, this amounts to thousands of hours of knowledge about variations in sport participa-
research, writing, and discussing issues with peo- tion patterns by age and abilities have increased
ple from many walks of life in the United States dramatically over the past decade. This serves
and other parts of the world I’ve had opportu- as a foundation for discussions of how and why
nities to visit. participation declines after early adolescence and
is consistently low among people with specific
physical or intellectual impairments. There are
CHANGES TO THIS ELEVENTH EDITION detailed discussions of age- and ability-segregated
events, such as Masters competitions for older
This edition is new in many respects, and most people and the Paralympics and Special Olympics
sections of the book, including tables and fig- for people with impairments currently defined as
ures, have been updated. However, as new mate- performance-limiting in sports. The chapter con-
rial was added, other material had to be deleted cludes with a discussion of the use of movement
or put in the Online Learning Center. New enabling technologies in sports.
chapter-opening quotes, photos, and examples Another major change is that the chapter
maintain the timeliness of content. This edition on gender is rewritten so the coverage of ideo-
also is more carefully and clearly linked with logical issues and structural inequities (for girls
the corresponding website (www.mhhe.com/ and women) matches the sequence used in the
coakley11e), and the Online Learning Center chapters on race and ethnicity, social class, and
contains additional substantive materials related age and ability. This continuity enables readers
to each chapter topic. to see similarities in the dynamics of exclusion
New research and theoretical developments and inclusion across these socially significant
are integrated into each chapter. There are about attributes.
1400 new references included in this edition— Chapter 1 now introduces “the great sport
nearly 2200 references in all—to assist those myth”—the widespread belief that all sports are
writing papers and doing research. Most new essentially pure and good, and that their purity
references identify materials published since the and goodness are transferred to those who par-
manuscript for the previous edition left my hands. ticipate in or watch sports. This concept helps
The sociology of sport has expanded so much readers understand how and why sports are per-
in recent years that Sports in Society is now an ceived in such positive terms worldwide and why
introduction to the field more than a compre- it is difficult to promote critical thinking about
hensive overview. sports in society. References to the great sport
myth appear in most of the chapters. Chapter 1
also has a new explanation of ideology to give
Revision Themes and New Materials
readers a clearer idea of how sports are cultural
This edition presents reorganized chapter open- practices linked with our everyday lives and
ers consisting of a photo, provocative quotes other spheres of society.
from popular sources, a brief Chapter Outline, Chapter 2 contains new figures on the
and Learning Objectives. At the end of each knowledge production process and the primary
chapter are new lists of Supplemental Readings data collection methods in sociology of sport
Preface xiii
research. There is a new explanation of gender use punitive social control methods that focus
as meaning, performance, and organization in on individuals rather than the systemic prob-
social worlds, and new discussions of the dif- lems that exist in various forms of sport. This
ferences between quantitative and qualitative is followed by a discussion of new surveillance
research and the use of the telephone for con- technologies being used to police and control
ducting interviews. There is a new section, “The athletes, especially in connection with the use of
Impact of Sociology of Sport Knowledge,” that performance-enhancing substances.
explains why we do research and produce knowl- Chapter 6, on violence in sports, contains
edge about sports in society. A new Reflect on new discussions of the NFL’s investigation of
Sports box focuses on “Critical Feminist Theory players’ and coaches’ alleged use of bounties as
Today: From the Margins to Mainstream.” incentives to injure opponents and why violent
The history chapter from the tenth edition is sports have become commercially successful in
now accessible through the OLC, and the chap- certain cultures. The issue of concussions and
ter on socialization is now Chapter 3, following head trauma is also discussed in connection with
the knowledge production chapter. It contains a the culture of violence that is widely accepted
new section on “Family Culture and the Sport in heavy-contact sports. The highly publicized
Participation of Children,” which examines fam- violent sexual assault involving members of the
ilies as the immediate contexts in which socializa- high school football team in Steubenville, Ohio,
tion into sports is initiated and nurtured. There is also discussed relative to issues of gender and
also are new discussions of the transition out of violence. Finally, there is an expanded discussion
competitive sports careers, of recent research on of how the threat of terrorism is perceived and
the sport experiences of gay and lesbian athletes, how it influences the dynamics of social control
and current approaches to sports and socializa- at sport events.
tion as a community process. Chapter 7, on gender and sports, introduces
Chapter 4, on youth sports, presents a new the concept of orthodox gender ideology to help
discussion of how the culture of childhood play readers understand the cultural origins of gen-
has nearly disappeared in most segments of der inequality and why sports are one of the
post-industrial society. There’s also an expanded last spheres of social life in which the two-sex
discussion of the possibility that in the United approach is accepted in a way that normalizes
States some upper-middle-class parents use gender segregation. The term orthodox is used
youth sports as a way to create mobility opportu- to show that this view of gender represents a
nities and reproduce privilege for their children. way of thinking that many people have inter-
Finally, there is a discussion of how and why nalized as unchanging “truth” and often link to
youth sports in the United States are program- their religious beliefs or an overall sense of right
matically fragmented and exist independently and wrong. This chapter also contains a new
of any theory-based approach to teaching age- section on “Progress Toward Gender Equity,”
appropriate physical skills and promoting life- which identifies girls’ and women’s increased
long involvement in sports and physical activities. participation as the single most dramatic change
Chapter 5, on deviance, contains a new dis- in sports over the past two generations. There
cussion of the relationship between deviant is an updated Reflect on Sports box that examines
overconformity and injuries, concussions, and Title IX compliance and “what counts as equity
repetitive head trauma in sports. There’s also in sports.” A new Reflect on Sports box deals
an explanation of how widespread acceptance with how football impacts policies and prog-
of the great sports myth leads people to deny or ress toward gender equity. A new table pres-
ignore certain forms of deviance in sports and ents data on female and male athletes at recent
xiv SPORTS IN SOCIETY: Issues and Controversies www.mhhe.com/coakley11e
Paralympic Games, and a new section, “The opportunities and the decisions made by people
Global Women’s Rights Movement,” discusses to become involved and stay involved in sports.
the belief that girls and women are enhanced as The sections on masters events, the Paralympics,
human beings when they develop their intel- the Special Olympics, and related forms of sport
lectual and physical abilities. New discussions provision illustrate the complexity of sports
of the media coverage of women in sports and when they are viewed in a general social and cul-
the impact of budget cuts and the privatization tural context in which age and ability influence
of sports are presented to show that programs how people are perceived and they include phys-
for women and girls remain vulnerable to cuts ical activities in their lives.
because they lack a strong market presence and Chapter 11 deals with the commercialization
have not been profit producing. of sports. It contains a new section on how the
Chapter 8, on race and ethnicity, presents a NFL and other major sport organizations have
revised discussion of how racial ideology influ- used their nonprofit status to avoid paying taxes
ences sports participation. There is a new Reflect while they generate billions of dollars in income
on Sports box dealing with “Vénus Noire: A legacy and pay executives up to $30 million per year.
of Racism After 200 years,” and a new discussion There also is a discussion of how the great sport
of the isolation often experienced by women of myth is used to appropriate public money to
color participating in or coaching college sports. build sport venues and subsidize sport teams.
New research is presented to show the ways that Labor relations in sports are discussed in more
some Japanese parents use youth sports leagues depth, with explanations of collective bargaining
to establish relationships with other Japanese agreements, lockouts, and the role of players’
families and connect their children with Asian associations.
American peers. Finally, there is a new section Chapter 12, on sports and the media, contains
on race, ethnicity, and sports in a global perspec- much new material on the changing media land-
tive in which efforts to control the expression of scape and how it is related to sports. There is a
racism at sport events is discussed. new discussion of fantasy sports as an arena in
Chapter 9, on social class, has expanded dis- which participation is influenced by gender and
cussions of whether building a new stadium trig- the quest to sustain white male privilege. There’s
gers new jobs for the surrounding community also new material on how social media are used
and how the economic downturn has impacted by established sport organizations and by ath-
sports participation in the United States. There letes practicing parkour and other emerging
is a new discussion of research on whether local sport activities around the world. A new section
boxing gyms help participants bond with one focuses on the rapid escalation of media rights
another and acquire forms of social capital that fees and how they are driving up the costs for
alter their structural position in society, as well cable and satellite TV providers and consumers.
as a new discussion of data on the impact of Changes in media coverage are discussed, with
wealth, as opposed to income, on sport partici- attention given to how masculinity and sexuality
pation patterns. are presented in sports media. Finally, there is a
Chapter 10, written with Elizabeth Pike, my new discussion of how entertainment journalism
colleague from the University of Chichester in has replaced investigative journalism in sports
England, is new and focuses on issues and con- media.
troversies related to age and ability in sports. The Chapter 13, on politics, government, and
framework of this chapter is built on research global processes, is updated in its coverage of
showing how social definitions of age and abil- sport and national identity in global relations,
ity impact the provision of sport participation and how the Olympics and men’s World Cup
Preface xv
have become tools for generating profits for the Chapter 16 has been shortened and now
International Olympic Committee and FIFA focuses primarily on the process of making
at the same time that the countries hosting change in sports rather than describing what the
these games incur increasing debt for debat- future of sports might be. This is because there
able returns. Research on recent sport mega- is a need for us to acknowledge the power of
events is used to discuss the challenges and the corporations in shaping sports to fit their inter-
pros and cons of hosting such events. There ests and to develop strategies for creating sport
is an expanded discussion of the new political forms that directly serve the needs of individuals
realities of sports—where team ownership and and communities.
event sponsorship have become global in scope,
where athletes seek opportunities worldwide,
where global media make it easy to follow the Supplemental Readings and New Website
sporting events of teams from all over the world, Resources
and where fans’ loyalties are no longer limited Each chapter is followed by a list of Supplemen-
to teams from their own regions or countries. tal Readings that provide useful information
Research is presented to show that these realities about topics in the chapters. The Supplemental
are linked with corporate expansion, the global Readings have been expanded for each chapter
flow of capital, the business strategy of global and can be found in the Online Learning Center
media companies, and processes of glocalization (OLC).
through which global sports are integrated into
people’s everyday lives on a local level.
Chapter 14, on high school and college New Visual Materials
sports, includes new research findings related There are 120 photos, 20 figures, and 31 car-
to issues such as the rising costs of sport pro- toons in this edition; 61 of the photos are new.
grams, who benefits from the revenues gener- These images are combined with new diagrams,
ated by certain sports, the dramatic increase of figures, and tables to illustrate important sub-
inequality between programs at both the high stantive points, visually enhance the text, and
school and college levels, and young people’s make reading more interesting.
perceptions of athletic and academic achieve-
ment in schools with high-profile sport pro-
grams. There also are new sections on budget Online Learning Center
issues and the uncertainty that faces school
The website www.mhhe.com/coakley11e is an
sports today, and the issues currently faced by
important feature associated with the eleventh
the NCAA as it tries to control a college sport
edition of Sports in Society. The site contains gen-
system that is increasingly unmanageable and
eral information about this edition, along with
inconsistent with the goals of higher education.
links to supplemental materials associated with
Chapter 15, on religion and sports, presents
each chapter. Those materials include
new information on world religions and how
they influence conceptions of the body, evalu- • Supplemental Readings that add depth and
ations of physical movement, and sport partici- background to current chapter topics
pation. There also is updated information about • Group projects
the ways in which individuals and organizations • Previous chapters on coaches, competition,
combine sport with religious beliefs, and how history (from the 10th edition), and social
this has spread beyond the United States in theories (from the 9th edition)
recent years. • True/false self-tests for each chapter
xvi SPORTS IN SOCIETY: Issues and Controversies www.mhhe.com/coakley11e
My appreciation also goes to the following Marc Postiglione, Union County College
reviewers, whose suggestions were crucial in Gary Sailes, Indiana University
planning and writing this edition:
Finally, thanks to the many students and col-
Maureen Smith, California State University– leagues who have e-mailed comments about
Sacramento State previous editions and ideas for future editions.
Brooke Estabrook–Fishinghawk, Texas Tech I take them seriously and appreciate their
University thoughtfulness—keep the responses coming.
Mark Vermillion, Wichita State University
Thomas Rotolo, Washington State University Jay Coakley
Andrew Meyer, Baylor University Fort Collins, CO
This page intentionally left blank
SPORTS IN SOCIETY
chapter
1
(Source: Jay Coakley)
Our sports belong to us. They came up from Competitive cheer may, some time in the future,
the people. They were invented for reasons qualify as a sport under Title IX. Today, however,
having nothing to do with money or ego. Our the activity is still too underdeveloped and
sports weren’t created by wealthy sports and disorganized to be treated as offering genuine
entertainment barons like the ones running varsity athletic participation opportunities for
sports today. students.
—Ken Reed, Sport Policy Director, —U.S. District Judge Stefan R. Underhill
League of Fans (2011). (in Moltz, 2010)
HOW DO YOU distinguish sports from Sports is real. . . . Sports is Oprah for guys. . . .
entertainment, fakery from reality, when the two Sports is woven deeper into American life than
are so inseparable? you know. You may change religion or politics, but
—Selena Roberts , sports journalist, not sport teams.
The New York Times (2007)
—Rick Reilly (2009)
Chapter Outline
Learning Objectives
• Explain what sociologists study about • Explain what it means to say that sports are
sports and why sociology of sport social constructions and contested activities.
knowledge is different from information in • Explain why sociology of sport knowledge
sports media and everyday conversations. may be controversial among people
• Understand issues related to defining associated with sports.
sports and why a sociological definition • Understand the meaning of “ideology” and
differs from official definitions used by high how ideologies related to gender, race, social
schools and universities. class, and disability are connected with sports.
3
4 SPORTS IN SOCIETY: Issues and Controversies www.mhhe.com/coakley11e
ABOUT THIS BOOK and societies in which sports exist; (2) the social
worlds created around sports, and (3) the experi-
If you’re reading this book, you have an inter- ences of individuals and groups associated with
est in sports or know people who play or watch sports.
them. Unlike most books about sports, this one
is written to take you beyond scores, statistics,
and sports personalities. The goal is to focus on ABOUT THIS CHAPTER
the “deeper game” associated with sports, the
game through which sports become part of the This chapter is organized to answer four questions:
social and cultural worlds in which we live. 1. What is sociology, and how is it used to
Fortunately, we can draw on our emotions study sports in society?
and experiences as we consider this deeper 2. What are sports, and how can we identify
game. Take high school sports in the United them in ways that increase our understand-
States as an example. When students play on a ing of their place and value in society?
high school basketball team, we know that it can 3. What is the sociology of sport?
affect their status in the school and the treat- 4. Who studies sports in society, and for what
ment they receive from both teachers and peers. purposes?
We know it has implications for their prestige
in the community, self-images and self-esteem, The answers to these questions will be our
future relationships, opportunities in education guides for understanding the material in the rest
and the job market, and their overall enjoyment of the book.
of life.
Building on this knowledge enables us to
move further into the deeper game associated
USING SOCIOLOGY TO STUDY SPORTS
with high school sports. For example, why do so
Sociology provides useful tools for investigat-
many Americans place such importance on sports
ing sports as social phenomena. This is because
and accord such high status to elite athletes? Are
sociology is the study of the social worlds that people
there connections between high school sports
create, maintain, and change through their relation-
and widespread beliefs about masculinity and
ships with each other.1 The concept of social world
femininity, achievement and competition, plea-
refers to an identifiable sphere of everyday actions
sure and pain, winning and fair play, and other
and relationships (Unruh, 1980). Social worlds are
important aspects of U.S. culture?
created by people, but they involve much more
Underlying these questions is the assump-
than individuals doing their own things for their
tion that sports are more than games, meets, and
own reasons. Our actions, relationships, and col-
matches. They’re important aspects of social life
lective activities form patterns that could not be
that have meanings going far beyond scores and
predicted only with information about each of us
performance statistics. Sports are integral parts
as individuals. These patterns constitute identi-
of the social and cultural contexts in which we
fiable ways of life and social arrangements that
live, and they provide stories and images that
many of us use to evaluate our experiences and
1
the world around us. Important concepts used in each chapter are identified in
Those of us who study sports in society are boldface. Unless they are accompanied by a footnote that
contains a definition, the definition will be given in the text
concerned with these deeper meanings and sto- itself. This puts the definition in context rather than sepa-
ries associated with sports. We do research to rating it in a glossary. Definitions are also provided in the
increase our understanding of (1) the cultures Subject Glindex.
CHAPTER 1: The Sociology of Sport 5
are maintained or changed over time as people Culture consists of the shared ways of life and
interact with one other. shared understandings that people develop as they live
Social worlds can be as large and impersonal together. Once a culture exists, it influences rela-
as an entire nation, such as the United States or tionships and social interaction.
Brazil, or as personal and intimate as your own Social interaction consists of people taking
family. But regardless of size, they encompass each other into account and, in the process, influ-
all aspects of social life: (a) the values and beliefs encing each other’s feelings, thoughts, and actions.
that we use to make sense of our lives; (b) our Through interaction we learn to anticipate the
everyday actions and relationships; and (c) the thoughts and actions of others and predict how
groups, organizations, communities, and soci- others may respond to what we think and do.
eties that we form as we make choices, develop Social structure consists of the established pat-
relationships, and participate in social life. terns of relationships and social arrangements that
Sociologists often refer to society, which is a take shape as people live, work, and play with each
relatively self-sufficient collection of people who main- other. This is the basis for order and organization
tain a way of life in a particular territory. In most in all social worlds.
cases, a society and a nation are one and the These three concepts—culture, social inter-
same, such as Brazil and Brazilian society. But action, and social structure—represent the cen-
there are cases where a society is not a nation, tral interconnected aspects of all social worlds.
such as Amish Mennonite society as it exists For example, a high school soccer team is a
in Ohio, Pennsylvania, and other parts of the social world formed by players, coaches, team
United States. parents, and regular supporters. Over time every
The goal of sociology is to describe and explain team creates and maintains a particular culture or
social worlds, including societies—how they a way of life consisting of values, beliefs, norms,
are created, re-created, and changed; how they and everyday social routines. Everyone involved
are organized; and how they influence our lives with the team engages in social interaction as they
and our relationships with each other. In the take each other into account during their every-
process of doing sociology we learn to see our day activities on and off the playing field. Addi-
lives and the lives of others “in context”—that tionally, the recurring actions, relationships, and
is, in the social worlds in which we live. This social arrangements that emerge as these people
enables us to identify the social conditions that interact with each other make up the social struc-
set limits or create possibilities in people’s lives. ture of the team. This combination of culture,
On a personal level, knowing about these influ- social interaction, and social structure comprises
ential conditions also helps us anticipate and the team as a social world, and it is connected
sometimes work around the constraints we face with the larger social world in which it exists.
at the same time that we look for and take advan- Peer groups, cliques, and athletic teams are
tage of the possibilities. Ideally, it helps us gain social worlds in which participants are known
more control over our lives as well as an under- to one another. Communities, societies, concert
standing of other people and the conditions that crowds, and online chat rooms are social worlds
influence their lives. in which participants are generally unknown to
each other. This means that the boundaries of
social worlds may be clear, fuzzy, or overlap-
Key Sociology Concepts
ping, but we generally know when we enter or
Sociologists use the concepts of culture, social leave a social world because each has identify-
interaction, and social structure to help them ing features related to culture, social interaction,
understand sports as social activities. and social structure.
6 SPORTS IN SOCIETY: Issues and Controversies www.mhhe.com/coakley11e
We move back and forth between famil- 1700 sources are cited as references for the
iar social worlds without thinking. We make information and analysis in this book.
nearly automatic shifts in how we talk and act Of course, I want to hold your attention
as we accommodate changing cultural, inter- as you read, but I don’t exaggerate, purposely
actional, and structural features in each social withhold, or present information out of con-
world. However, when we enter or participate text to impress you and boost my “ratings.” In
in a new or unfamiliar social world, we usually the process, I hope you will extend your critical
pay special attention to what is happening. We thinking abilities so you can assess what people
watch what people are doing, how they inter- believe and say about sports in society. This will
act with each other, and we develop a sense of enable you to make informed decisions about
the recurring patterns that exist in their actions sports in your life and the social worlds in which
and relationships. If you’ve done this, then you live.
you’re ready to use sociology to study sports
in society.
DEFINING SPORTS
Sociological Knowledge Is Based
Most of us know enough about the meaning of
on Research and Theory
sports to talk about them with others. How-
My goal in writing this book is to accurately ever, when we study sports, it helps to precisely
represent research in the sociology of sport and define our topic. For example, is it a sport when
discuss issues of interest to students. At a time young people choose teams and play a base-
when online searches provide us with infinite ball game in the street or when thirty people of
facts, figures, and opinions about sports, I am various ages spend an afternoon learning and
primarily interested in the knowledge produced performing tricks at a skateboard park? These
through systematic research. I use newspaper activities are sociologically different from what
articles and other media as sources for examples, occurs at major league baseball games and X
but I depend on research results when making Games skateboard competitions. These dif-
substantive points and drawing conclusions. ferences become significant when parents ask
This means that my statements about sports if playing sports builds the character of their
and sport experiences are based, as much as children, when community leaders ask if they
possible, on studies that use surveys, question- should use tax money to fund sports, and when
naires, interviews, observations, content analy- school principals ask if sports are valid educa-
ses, and other accepted methods of research in tional activities.
sociology. When I say that I study sports, people ask if
The material in this book is different than that includes jogging, double-dutch, weight lift-
material in blogs, talk radio, television news ing, hunting, scuba diving, darts, auto racing,
shows, game and event commentaries, and most chess, poker, ultimate fighting, paintball, piano
of our everyday conversations about sports. It is competitions, ballroom dancing, skateboarding,
organized to help you critically examine sports Quidditch, and so on. To respond is not easy,
as they exist in people’s lives. I use research find- because there is no single definition that pre-
ings to describe and explain as accurately as pos- cisely identifies sports in all cultures at all times.
sible the important connections between sports, According to definitions used widely in
society, and culture. I try to be fair when using North America and much of Europe, sports are
research to make sense of the social aspects of physical activities that involve challenges or competi-
sports and sport experiences. This is why over tive contests. They are usually organized so that
Another random document with
no related content on Scribd:
Indeed, we need no Marshall to make us fully understand that
when human beings constitute a government, the one important
thing which they do is to grant government power to interfere, within
a limited discretion, with their own individual freedom by issuing
commands in restraint of the exercise of that freedom. Anything else
that the government is authorized to do is a mere incident of its
existence as a government. The power to issue commands
interfering with human freedom is the substance and essence of
government. That is why all the national powers of any American
government are included in whatever ability its legislature has to
make valid commands of that kind. The letter which went from the
Philadelphia Convention, with the proposed Constitution, accurately
expresses this fact in the words, “Individuals entering into society
must give up a share of liberty to preserve the rest.” (1 Ell. Deb. 17.)
By surrender of some of their liberties is meant their grant of power
to make commands or laws interfering with those surrendered
liberties. Whenever government is constituted, “the people must
cede to it some of their natural rights, in order to vest it with requisite
powers.” (Jay, Fed. No. 2.)
We thus know for a certainty that the First Article of our
Constitution is the only one which purports to vest in government any
national powers.
The Second Article deals entirely with the executive department,
the authority of the president and that department to enforce valid
laws, the election of the president and vice-president, etc. The Third
Article deals with the authority of the judicial department [including
authority to declare what laws have been validly passed, etc.] and
with the manner of the appointment of the members of that
department, etc. The Fourth Article contains miscellaneous
declaratory statements of certain things which the citizens of
America make the fundamental law of America. The Sixth Article
contains other declaratory statements of what is also made the
fundamental law of America.
This leaves to be considered only the Fifth and the Seventh
Articles. Like the First Article, they relate to the vesting of national
power in our American national government; but, unlike the First
Article, neither of them purports to grant any such power to any
government. They deal with the manner of its grant by the only
competent grantors of power of that kind, the “conventions” of the
American people, called by that name, “conventions,” in the Fifth and
Seventh Articles. As the Seventh Article was intended by those who
worded it to accomplish its purpose simultaneously with and by
reason of its ratification, and as its purpose was the main object of
the Convention which framed all the Articles, we will consider it
before the Fifth.
The Seventh is merely the explicit declaratory statement of those
whose “expressed authority ... alone could give due validity to the
Constitution,” the Americans themselves assembled in their
conventions, that when the Americans, assembled in nine of those
thirteen conventions, have answered “Yes” to the entire proposed
Constitution, the American nation shall instantly exist, all Americans
in those former nations where those nine conventions assembled
shall instantly be the citizens of the new nation, and all the grants of
national power, expressed in the First Article of that Constitution,
shall have been validly made as the first important act of that
collective citizenship.
We now consider for a moment the Fifth Article, the only remaining
one which relates to grant of national power. That Fifth Article does
not relate to grant of national power alone. It also relates to grant of
federal power. It relates to the future grant of either of those vitally
distinct kinds of power. It is further proof of the logical mind of the
man who wrote that extraordinary letter of April, 1787, and who
largely, in substance, planned the entire system of a constitution of
government, both federal and national, which is embodied in our
Constitution. Madison and his associates, in The Federalist and in
the Philadelphia Convention and in the various ratifying conventions,
repeatedly stated their knowledge that the proposed Constitution
could not possibly be perfect. With the utmost frankness, they
expressed the sane conviction that it would be contrary to all human
experience, if it were found perfect in the working out of an entirely
new and remarkable dual system of government of a free people by
themselves, For this reason, the Fifth Article was worded so as to
prescribe a constitutional mode of procedure in which the existing
ability of the American citizens to make any kind of Article, whether
national or federal, could thereafter be invoked to exercise and be
exercised. It was also worded so as to provide a constitutional mode
of procedure in which there could be likewise invoked to exercise
and be exercised the existing limited ability of the state legislatures
to make articles which were not national. As a matter of fact, it was
only at the last moment, in the Convention, that Madison and
Hamilton, remembering this limited ability of those legislatures, wrote
into Article V any mention of it and its future constitutional exercise.
As the story of the First, Fifth and Seventh Articles, at Philadelphia in
1787, will be more fully treated hereinafter, we leave them now to
continue the brief story of the voluntary and direct action of the
Americans themselves, by which they created the nation that is
America, became its citizens and, as such, vested its only
government with its enumerated national powers.
When the Philadelphia Convention, on September 17, 1787, had
completed its voluntary task of wording the proposed Constitution of
a nation and its supreme government of enumerated powers, the
proposed Constitution was referred to the American people, for their
own approval or rejection, assembled in their conventions.
In many respects, the Philadelphia ascertainment of the legal
necessity that it must be referred to those people themselves and
the Philadelphia decision to that effect, following that ascertainment,
constitute the most important and authoritative legal reasoning and
decision ever made in America since July 4, 1776. Both reasoning
and decision were naturally based upon the fact that the First Article
purports to give national powers to Congress to make laws,
interfering with the individual freedom of the citizens of America. In
the face of that decisive fact, it was impossible for the Americans at
Philadelphia, who had worded that proposed Article with its grant of
enumerated powers of that kind, to have made any other legal
decision than a reference of such an Article to the American people
themselves assembled in their conventions, as the only competent
grantors of any national power.
The Americans at Philadelphia were human beings of exactly the
same type as all of us. They had their human ambitions and
differences of opinion and jealousies. They were not supermen any
more than we are. They were grappling with tremendous problems
along an uncharted way in the comparatively new science of self
government by a free people, sparsely settled along the extensive
easterly coast of a continent and, at the time, citizens of thirteen
distinct and independent nations. Their personal ambitions and
differences of opinion and jealousies, for themselves and their
respective nations, made the problem, which they set themselves to
solve, one almost unparalleled in history. If they had wholly failed in
their effort, as men with any other training and dominant purpose in
life would certainly have failed, no just historian would ever have
attributed such failure to any lack of intelligence or ability or
patriotism on their part.
It was, however, their fortune and our own that their training and
dominant purpose in life had been unique in history. Among them
were men, who only eleven years earlier, at that same Philadelphia,
in the name and on behalf of the American people, had enacted the
Statute of 1776. As their presiding officer, in their effort of 1787, sat
the man who had led the same American people in their successful
effort, by the sacrifices of a Valley Forge and the battlefields of the
Revolution, to make the declarations of that Statute the basic
principle of American law. Prominent in the Convention was
Hamilton, who had left college at seventeen to become a trusted
lieutenant of the leader in that war which did make that Statute our
basic law. Among the delegates were quite a few others who had
played similar parts in that same war for that same purpose. Most of
the delegates had played some part, entailing personal sacrifice and
effort, in that same war and for that same purpose. With such an
education in the school whose training men find it impossible to
ignore, the school of actual life, it was mentally impossible that this
body of men could either forget or ignore or disobey the basic
American law, which then commanded them and still commands us,
that no government in America can ever have or exercise any valid
national power to interfere with human freedom except by direct
grant from its citizens themselves. If the education of the leaders of
the present generation had been the same, American history of the
last five years could have been differently written in a later chapter
herein.
Because the Convention was educated to know the Statute of ’76,
the proposed grant of enumerated national powers in the First Article
was necessarily referred to the only competent grantors, the
American people themselves, assembled in their conventions.
Familiar as we are with the result of their effort to solve their great
problem, a result told in the history of the ensuing one hundred and
thirty-five years in America, it seems fitting here to have Madison
describe the closing moment of that Philadelphia Convention, in his
own words: “Whilst the last members were signing, Dr. Franklin,
looking toward the president’s chair, at the back of which a rising sun
happened to be painted, observed to a few members near him, that
painters had found it difficult to distinguish, in their art, a rising from a
setting sun. ‘I have,’ said he, ‘often and often, in the course of the
session, and the vicissitudes of my hopes and fears as to its issue,
looked at that behind the president, without being able to tell whether
it was rising or setting; but now, at length, I have the happiness to
know that it is a rising, and not a setting sun.’” (5 Ell. Deb. 565.)
The story of the actual making of that Constitution by the people of
America, assembled in their conventions, is a marvelous story. No
American can fully grasp what an American really is unless he
personally reads that story, not as told even by the most gifted writer,
but as told by the recorded debates in the very conventions
themselves of the very Americans who created the nation which is
America, made themselves its citizens and, as its citizens, made the
only valid grants of enumerated national power, the grants in the
First Article. In a later chapter, somewhat of that story will be told,
mostly in the very words of those who made those grants. At this
point, we are concerned only to set out the hour and the moment
when American human beings, as such, in their greatest Revolution,
exercised their exclusive ability to give their one government some
national power to interfere with individual freedom.
Each of them was already a citizen of one of the existing nations.
It was, however, as American human beings, always collectively the
possessors of the supreme will in America, and not as citizens of any
nation, that they assembled in the conventions and, in the exercise
of that supreme will, created a new and one American nation, by
becoming its charter members and citizens. That was the first and
immediate effect of the signing of that Constitution in the ninth
convention of the American people, the convention in New
Hampshire, on June 21, 1788. That is the actual day of the birth of
the American nation as a political entity. It is the day on which the
American citizen, member of the American nation, first existed. While
it is true that there yet was no actual government of the new nation, it
cannot be denied that legally, from that June 21, 1788, there did
exist an American nation, as a political society of human beings, and
that its members were the human beings in the former nations of
Delaware, Pennsylvania, New Jersey, Georgia, Connecticut,
Massachusetts, Maryland, South Carolina, and New Hampshire. The
very moment the Americans in those nine former nations had signed
that Constitution of government, they had constituted themselves a
nation and had become its citizens.
Simultaneously therewith, as its citizens, they had made their
grant of enumerated national powers to interfere with their own
human freedom. Simultaneously therewith, they had destroyed
forever the absolute independence of their nine nations; they had
kept alive those nations, as partially independent political societies,
each to serve certain purposes of its members who still remained
citizens of that political society as well as citizens of the new nation;
they had taken from the government of each of those nations much
of its national power, had given to each such government no new
power whatever, but had left with it much of its former national power
over its own citizens; they had kept alive the federation of nations,
now a federation of partially independent states; they had made their
own new national government also the federal government of that
continuing federation and their own national Constitution also the
federal Constitution of that continued federation; they had
subordinated all those nine states and the government of each and
of the federation to their own supreme will, as the citizens of the new
nation, expressed in its Constitution. This was the meaning of the
second section of the Sixth Article in the document, which they had
signed, which reads: “This Constitution, and the Laws of the United
States which shall be made in pursuance thereof; and all Treaties
made, or which shall be made, under the Authority of the United
States, shall be the supreme Law of the Land; and the Judges in
every State shall be bound thereby, any Thing in the Constitution or
Laws of any State to the Contrary notwithstanding.”
The makers of the new nation are identified by the opening words
of the document: “We the People of the United States, in Order to
form a more perfect Union, establish Justice, insure domestic
Tranquillity, provide for the common defence, promote the general
Welfare, and secure the Blessings of Liberty to ourselves and our
Posterity, do ordain and establish this Constitution for the United
States of America.”
It would be diverting, were it not somewhat pathetic, to hear that
the Constitution was made by the states. From that quoted Preamble
alone, volumes might be written to show the absurdity of such
thought. It identifies the makers as “people” and not as political
entities. It expressly says that its makers, “the people,” ordain it “in
order to form a more perfect Union.” The states already had a
perfect union of states. But the human beings or “people” of all
America had no union of themselves. The only “people” in America,
who had no union of themselves, identify themselves unmistakably
when they say, “We the people of the United States, in Order to form
a more perfect Union, etc.” They are the “people” or human beings of
America, the whole people of America, the collective possessors of
the supreme will which had enacted the Statute of ’76.
If this fact had been kept clearly in mind by our modern leaders
and lawyers, the history of the supposed Eighteenth Amendment
would never have been written. When the whole American people
assembled in their conventions in their respective geographic states,
they did not assemble therein as the citizens of their respective
states. It is true that the Americans, who assembled in any particular
convention, happened to be citizens of a particular state. But they
were also part of the whole American people, whose act as a whole
people had freed all the colonies and had permitted the Americans in
each colony to constitute a nation for themselves. And, when the
Americans in each convention assembled, it was to decide whether
that part of the American people, which resided in that state, would
agree with the American people residing in other states to become
members and citizens of an entirely different society of men and
grant to the government of the new society power to interfere with
the individual rights of the members of the new society.
How could the “citizens” of an independent nation, in their capacity
as such citizens, become “citizens” of an entirely different nation,
with an entirely different human membership or citizenry? If the
individual members of a large athletic club in the City of New York
should assemble in its club house to determine whether they, as
individual human beings, should join with the human members of a
number of other athletic clubs and create a large golf club, with a
large human membership, and become members of that large golf
club, would any of them entertain the absurd thought that he was
becoming a member of the golf club in his capacity as a member of
his existing and smaller athletic club? This is exactly what happened
when the American people as a whole assembled in their
conventions and decided to become members or citizens of the new
and larger political society of men, while still remaining members and
citizens of their respective smaller societies of men.
The vital distinction between the citizen of America and the citizen
of a state, although oftentimes one is the same human being, is
probably known to many of the modern leaders and lawyers who
have considered and argued about the supposed Eighteenth
Amendment. But it has been wholly ignored in every argument for or
against the existence of that Amendment. As a matter of fact, that
vital distinction has always been so important a part of our American
institutions that it has been the subject-matter of repeated decisions
in the Supreme Court. It is a distinction amazingly important, in
substance, to individual freedom in America. So true is this that one
of the most important Amendments ever made to the federal part of
our Constitution was primarily intended to require that every state
must extend to the “privileges or immunities of citizens” of America
the same respect and protection which the American Constitution
had previously only required that each state must extend to the
citizens of the other states.
When the conventions made the original constitution, Section 2 of
Article IV commanded that “The Citizens of each State shall be
entitled to all Privileges and Immunities of Citizens in the several
States.” After the Civil War had closed, it quickly was realized that
this federal command of the Constitution did not protect the citizens
of America in any state. And so this command was added to the
federal part of the Constitution by the Fourteenth Amendment,
namely, that “No State shall make or enforce any law which shall
abridge the privileges or immunities of citizens” of America.
It would be idle to repeat here the famous Supreme Court
decisions in which that Court has been obliged to dwell upon the
important result accomplished by this vital change in the federal part
of our Constitution. In such cases as the Slaughter House Cases, 16
Wall. 36, Paul v. Virginia, 8 Wall. 168, Re Kemmler, 136 U.S. 436,
U.S. v. Cruikshank, 92 U.S. 542, Blake v. McClung, 172 U.S. 239,
Maxwell v. Sow, 176 U.S. 581 and numerous other cases the
important decisions have turned entirely upon the vital distinction
between a citizen of America and a citizen of a particular state, even
though the same man had the two capacities. Each decision turned
upon the fact that the protection given to him in one capacity, by
some constitutional provision, did not extend to him in the other
capacity.
If all this had not been forgotten and ignored during the five years
which began in 1917, the story of that five years would have been
entirely different. Everyone would have known that the respective
attorneys in fact for societies or states could not grant new power to
interfere with the individual freedom of the members of an entirely
different society, America.
There never was a day at Philadelphia in 1787 when the clear-
minded Americans did not remember and realize this vital distinction
between Americans, in their capacity as members of their respective
existing societies, and Americans, in their capacity as members of
the prospective society of the whole American people. There never
was a day when they did not realize that the members of the
proposed new and supreme society of men would never have but
one attorney in fact for any purpose, the government at Washington,
while the members of each small and inferior society would still
have, as they already had, in their capacity as such members, their
own attorney in fact, their own government.
One instance alone is sufficient to show how that Philadelphia
Convention never forgot these important things. When the
Committee of Detail, on August 6, 1787, reported to the Convention
the first draft ever made of our Constitution, the Preamble read: “We,
the people of the states of New Hampshire, Massachusetts, etc.”
(enumerating all the states), “do ordain, declare, and establish, the
following constitution for the government of ourselves and our
posterity.” (5 Ell. Deb. 376.) But, so that future generations, like our
own, should not ignore the fact that it was not the people of the
respective states but the whole people of America who made the
Constitution, before the proposal was made from Philadelphia, the
Preamble, identifying the makers of the Constitution, was changed to
read, “We, the people of the United States,”—the whole people of
the new nation, America.
In the Virginia convention, Patrick Henry put the clear fact all in
one pithy statement. He made that statement in one of his eloquent
arguments against ratification of the Constitution. Many Americans
today do not know that Patrick Henry was the most zealous
opponent of the proposed Constitution. He was a citizen of the
nation of Virginia. His human liberty as an individual could not be
interfered with by any government or governments in the world
except the Virginia government and only by it, under grant of national
power to it from him and his fellow citizens of Virginia. That is exactly
the status which he wished to retain for himself and which he
insisted was the best security for individual freedom of all Americans
in Virginia. “This is an American government, not a Virginia
government!” he exclaimed. Nothing could more clearly express his
knowledge, the common knowledge of all in that day, that he and his
fellow Americans in that convention were being asked as Americans,
not as citizens of Virginia, to constitute a new nation of the American
people and a national government for that people.
That is why the Tenth Amendment, responsive to the demand of
that Virginia convention and other similar conventions of the
American people, names the citizens of the respective states as one
class of reservees and the citizens of America as the great reservee
and “most important factor” in the Tenth Amendment. This is the
plain meaning of the language of that Tenth Amendment, to those
who know what America is, where that language reads “to the states
respectively, or to the people.” The word “respectively” is pointedly
present after the word “states” and it is pointedly absent after the
word “people.” Nothing could make more clear, to those who do not
forget that the citizens of each state were the state itself, that the
words “to the states respectively” mean to the respective peoples or
citizens of each state and that the words “or to the people” mean to
the people or citizens of America, in that capacity.
CHAPTER V
THE CONSENT OF THE GOVERNED