I don't know if I'd go that far. They are certainly capable of getting good recruits and it's FAR easier for them to make the BCS than any other school. Their contract is a JOKE that they get in the way they do.
Why exactly is the contract a joke? Notre Dame is guaranteed a BCS selection if they finish in the top eight in the final poll. To guarantee themselves a BCS game, ND must finish higher than some conference champions each year.
In the eleven-year history of the BCS, nineteen BCS conference champions have finished below the top eight teams. Here they are:
2008-09: Cincinnati (#12), Virginia Tech (#19)
2007-08: West Virginia (#9), Illinois (#13)
2006-07: Oklahoma (#10), Wake Forest (#14)
2005-06: West Virginia (#11), Florida State (#22)
2004-05: Michigan (#13), Pittsburgh (#21)
2003-04: Miami (#9), Kansas State (#10)
2002-03: Florida State (#14)
2001-02: Maryland (#10), LSU (#13)
2000-01: Purdue (unranked)
1999-00: Stanford (unranked)
1998-99: Wisconsin (#9), Syracuse (#15)
In the three years Notre Dame played in BCS games, the Irish finished higher in the final BCS standings than Big Ten champion Purdue (2000-01), Big East champion West Virginia and ACC champion Florida State (2005-06) and Big 12 champion Oklahoma and ACC champion Wake Forest (2006-07).
Notre Dame has never been selected for any BCS games when they have lost more than two games in a season. In ten of the eleven years, BCS conference teams have played a BCS bowl with three losses or more—more than any Notre Dame BCS team.
2008-09: Virginia Tech (9-4), ACC Champion
2007-08: Illinois (9-3), At Large
2005-06: Florida State (8-4), ACC Champion
2004-05: Pitt (8-4), Big East Champion
2003-04: Kansas State (11-3), Big 12 Champion
2002-03: Florida State (9-4), ACC Champion
2001-02: LSU (9-3), SEC Champion
2000-01: Purdue (8-3), Big Ten Champion
1999-00: Stanford (8-3), Pac-10 Champion
1998-99: Syracuse (8-3), Big East Champion
Somehow, a three or four-loss BCS team confers a special dispensation from the criticism aimed at Notre Dame. Every BCS conference has a champion in that list. Of those ten teams, only Virginia Tech and LSU won their games. Only Illinois was an at-large selection.
Should Notre Dame qualify for a BCS berth, they will, with all statistical probability:
- finish higher than one or more BCS conference champions
- have a better record than one or more BCS conference champions
- meet stricter criteria than one or more BCS conference champions and a non-BCS qualifier
The Irish will also:
- earn less money after conference bowl distributions than BCS teams
- increase BCS TV ratings and revenue, making the BCS more attractive
- sell more tickets and bring in more revenue to cities than some BCS conference champions
- earn the BCS 2/3s of their payout
All this information can be found in "The Notre Dame Rule" article.