Jesse Jackson is alot of things. Constitutional scholar?

Maybe not.

In a New York Times article Jackson seems to have found a new constitutional right.  The right of Michael Vick to play in the National Football League.

I missed that one, so I went back and looked in the Bill of Wrongs.  Sure enough, there it was, right next to the right to keep and arm bears:

No football player shall be held to answer for dog fighting, or an otherwise infamous crime, unless on a presentment or indictment by the court of public opinion and ESPN, except in cases arising in the carrying of mammals across state lines for immoral porpoises, or in the now defunct AFL, when in actual service in indoor areneas; nor shall any left handed quarterback be subject for the same offence to be twice put in jeopardy of suspension or deprivment of shoe contracts; nor shall be compelled in any hearing before Roger Goodale to be a witness against himself, nor be deprived of life, liberty, or multi-million, multi-year, not cut contract, without consent of Jesse Jackson; nor shall fighting dogs be taken for public use, without just compensation.

Who knew?

Jackson's argument, summarized:

There are worse quarterbacks in football than Vick.

Democracy guarantees opportunity.

Not allowing prisoners to resume their former professions breaks an implied societal covenant with them. 

Like most arguments these days, the deeper you dive the murkier the waters.  For the Reverand Jackson then, first a few practical questions unrealated to social justice.

How much room under the salary cap must an NFL team clear in order to obtain the services of a quaterback who has not seen an NFL defense in over two years?

Given that this year probably won't see Vick starting more than a handful of games, is he willing to sign for more than one year?  Where is the value to signing Vick and getting him back to game shape, only to see some other team reap the benefits in 2010?

Vick's calling card in the NFL has been his open field ability once plays break down, not his passing.  Does he still have that foot speed?  It is hard to imagine penal institutions permitting inmates to be involved in conditioning excercises involving running, an activity normally frowned upon behind bars.

How much film of NFL defenses has Jackson watched lately?  "The Longest Yard", a perenial favorite at Leavenworth, notwithstanding.

Which NFL team will most benefit from a situation where the regular quarterback will perform at a higher level, seeing Michael Vick standing on the sidelines holding a clip board?

Provide the names of past quarterbacks who have spent two years away from the speed of NFL action and came back?

Then we reach Jackson's sociological arguments.

Democracy guarantees opportunity.  Does it really?

Does every accountant who fudged the books get to return their profession?  Do school teachers caught with underage students return to teaching?  Do husbands who cheated on their wives get a guarantee of a new relationship?

Actions have consequences.  Opportunity is a fleeting thing for most people under the best of circumstances.  It presents itself quickly, often with a list of demands on the receiver, and moves on to others if not handled with respect.

Having served his time, Vick does deserve compassion and our best wishes for reentry to society.  Does that automatically mean reentry to the NFL?

Consider it from the perspective of an NFL owner.  The nightmare scenario for the league is now, and has been even back to the 1960s, that gamblers will gain access to players and influence outcomes relative to the point spread.

Are teams going to be elbowing each other out of the way to get in line to sign a bankrupt convicted felon with past association in a sport heavily involved in gambling and narcotics?

Michael Vick will get a second chance for the same reason I play 12-1 shots at the track.  The odds of Vick returning to stardom are long enough to inspire dreams of a big payoff, but not so long as to be unreasonable.

Vick doesn't need Jesse Jackson's help returning to football.  If anything NFL owners, generally multi-millionaires with egos to match, don't like being dictated to.  PETA protestors won't keep Vick off the field, but lectures by Jesse Jackson might delay his return.

I've read about Jackie Robinson.  Michael Vick is no Jackie Robinson.

Reverend Jackson believes it will take the same kind of courage Branch Rickey showed in bringing Jackie Robinson to the majors to bring Vick back to the NFL.  The difference, the one that is keeping Vick unsigned, is that anyone with eyes to see knew Robinson could play the game.

At least for now we don't know that about Michael Vick.