Preserving America's Game

Enumerated powers · raises concerns · severity: critical

The President cites no specific constitutional or statutory authority for this order. Article I, Section 8 enumerates limited federal powers, none of which include regulating the scheduling of private college football broadcasts. The Commerce Clause (Article I, Section 8, Clause 3) does not grant the federal government power to dictate broadcast timing for non-commercial speech events. The FCC's authority over broadcast licensing does not extend to mandating exclusive windows for specific games. This action is ultra vires.

Bill of Rights · raises concerns · severity: critical

The order directly violates the First Amendment by compelling broadcasters and the CFP to refrain from airing certain content during a specific time window. This is a content-based restriction on speech and press. The government cannot mandate that private broadcasters prioritize one game over another absent a compelling interest, and protecting a football game's viewership does not meet that standard. The order also implicates the Tenth Amendment by attempting to exercise powers not delegated to the United States.

Individual liberty · raises concerns · severity: significant

The order restricts the freedom of broadcasters, the CFP, and individual viewers to choose what to produce, air, and watch. The government has provided no compelling constitutional justification for overriding these private choices. The burden is on the government to justify the restriction, and protecting a single football game's exclusivity does not meet any recognized compelling interest such as national security or public safety.

Decentralization · raises concerns · severity: critical

This action fails all four questions of the decentralization test. (1) Individuals and families can decide which games to watch without government involvement. (2) Local communities and counties can manage broadcast scheduling without state involvement. (3) States can regulate their own college athletics without federal involvement. (4) This order consolidates decision-making at the highest level of government for a purely private scheduling matter, directly violating the Tenth Amendment's reservation of powers to the states and the people.

Due process and takings · raises concerns · severity: significant

The order attempts to coerce private entities (CFP, NCAA, broadcasters) into altering their contractual and scheduling arrangements without any statutory authority or judicial process. This violates procedural due process by imposing obligations without fair notice or a hearing. It also potentially effects a regulatory taking of broadcast rights and contractual interests without just compensation, in violation of the Fifth Amendment's Takings Clause.