This hits the mark. There's no constitutional or legislative imperative that says all institutions of higher learning have a right to play in the same tournament. G5 schools have options - there isn't just one - at other levels of FB: FCS, DII, DIII, NAIA. G5 could start its own tournament.It was meant to show that two conferences can come together, create a tournament, exclude everyone else, and no laws will be broken, etc. i.e Congress isn't really gonna have anything to go on.
Sure, it has very little effect on the eventual national champion, but that wasn't my aim. Whether it's a small pre-season conference tourney or the end of season "national champ" tourney, if a handful of conferences agree to participate while leaving everyone else out, what's the problem (from a legal viewpoint)?
To your last point, I think that strengthens my argument. The G5 teams could schedule their own tournament and claim a champion, just as D3 does now. There's nothing in federal law that says because a school has an FBS football team that is has a right to compete for a specific national championship.This is
Let's reverse the field. If MVFC or NSIC wanted to elevate to FBS, should it get an autobid?