Todd Berrier, left, has been suspended for the second time this season. Credit: Autostock

Track Smack: Kansas

What's the difference between "breaking the rules" and blatant attempts to circumvent the "intent of the rules"?

Duane Cross: There is no difference, if you walk into a bank with a gun drawn but don't say "This is a stick-up" or "Give me all your money," are you really robbing the bank? ... Try it -- and we'll look for your photo under Mug Shot Mania on thesmokinggun.com.

Dave Rodman: No difference -- but I don't mean to condemn anyone for it. It's what the sport -- or any sport is all about. You have a rules package and you stretch the envelope as far as you can. Sometimes it breaks -- and sometimes you even get caught.

Marty Smith: I have no idea. You have no idea. None of us have any idea, especially Todd Berrier.

Mark Aumann: Well, I'm certain that every crew chief is impressed by inventiveness but when that creates an illegal situation, they want to know why the penalties aren't equal.

Marty Smith: Well said, Aumann. To a man, everyone is impressed with HMS' ingenuity and disgruntled with NASCAR's handling of it.

Duane Cross: I don't disagree with trying to expand the gray area; I do have a problem when some folks get punished while others get off scot-free.

Dave Rodman: Well, in any good ol' boy environment, that is always gonna be the case. Since we have that classic atmosphere here, and always have -- nothing about it should surprise anyone.

Duane Cross: I don't think NASCAR can still be described as a "good ol' boys environment," Dave. ... These are some big-book schooled individuals; they aren't shade-tree guys trying to add another shade of gray to the Crayola box.

ALSO Crew chief Todd Berrier has been suspended, fined and placed on probation because of rule violations at Talladega.  •   Complete story, click here •   2005 Nextel Cup fines

Dave Rodman: Duane, not to be argumentative, but how do you have a car that changed appearances three times and yet maintained the same root existence all the way through? It's hard for me to call that a high-end professional sport. Wouldn't that be like the Pats wearing one set of uniforms in one half and another in the second half?

Marty Smith: It's all subjective, though, Duane.

Duane Cross: I know Todd's punishment stems from supposedly blatant attempts to circumvent the rules, but isn't that just as bad as intending to break the rules by tweaking a part here or there?

Marty Smith: I was told that Berrier's situation can't be compared with the shock deal on the Nos. 48 and 5 because Berrier's illegalities are in the rulebook, whereas the shock stuff was technically legal. OK, so why say classify it as "intent"?

Duane Cross: And that's my point, exactly.

Mark Aumann: It's all about stretching the rules. Everybody's doing it. But they want to know that when those rules get stretched too far, that somebody will get punished.

Marty Smith: Another thing: What happened overnight that made "each rule is independent" turn into "he's a repeat offender?"

Dave Rodman: I was told that the "infractions" by the 29 are done, to one degree or another, all the time. Whether you get punished and to what degree you get punished is where it gets real gray and real smoky and kinda stinky, actually.

Why is that the people who don't win "American Idol" -- Bo Bice -- keep showing up? We're just wondering ... Credit: Chris Stanford/Getty Images

Mark Aumann: The only other way to solve this is go back to a "run what you brung" and that's just going to create an even faster burn rate of sponsor and manufacturer dollars.

Marty Smith: I used to say brung when I was a kid. My momma hated it.

Duane Cross: But it shouldn't be subjective -- and that's where the sport gets a black eye. The rulebook says 'X' and then when a guy builds a better mousetrap he gets beat down. Either make it 'X' ... or give the teams a loose-leaf binder to keep the weekly bulletins in.

Marty Smith: Bottom line: NASCAR isn't stick and ball. Things change quickly. It's not black-and-white. Thus, consistency is vital. That's all anyone can ask for: consistency.

Duane Cross: The only consistent thing these teams deal with is inconsistency.

Mark Aumann: Well, it's like the strike zone in baseball. If you know the ump is calling low pitches strikes all game and then suddenly that's a ball, that's when it gets ugly. As a player, all you want is consistency.

In light of the carnage at 'Dega, should there be a different points structure for the Chase drivers?

Marty Smith: Yes. Here's why: DNFs have far more bearing on the outcome of the Chase than do victories, and that is crap.

Duane Cross: I agree with Marty! (Get your T-shirt here.) No doubt the points system (again) was overlooked when the Chase format was conceived.

Dave Rodman: It's worth a try. If 33 guys have no chance at the title -- it's kinda tough that they have a major effect on it if they finish in front of one of the contenders.

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Mark Aumann: There ought to be a different points structure, Talladega or not. One bad finish basically wipes out your chances, because you've got to hope nine other guys have the same luck.

Dave Rodman: Then again, if they were trying not to be too radical all at once, maybe maintaining the same format and the same point structure was an attempt to do that.

Marty Smith: Kurt Busch isn't done, boys. Not yet!

Duane Cross: Kurt Busch is t-o-a-s-t -- and Mark Martin isn't far behind him in the done department.

Marty Smith: Don't forget, Billy, that Johnson came back from 247 with six races to go last year!

Duane Cross: Yep, but that was the exception to the rule; it's not happening this year with Smoke on point. (And the Penske guys are doing a great job, too; gonna be tough to jump the field this year.)

Dave Rodman: Someone raised the point this week that at some point, Roush Racing might start diverting resources to give those with the best shot, a better one. Kurt's teetering. Mark is nowhere near done.

Mark Aumann: Not only does Busch have to make up an entire race worth of points, but he has to jump nine spots. That's going to be next to impossible.

Dave Rodman: Even though I keep citing that same statistic, I think JJ was about the only one who could have done that. And I think even more so than the last time I said it, this title is Tony's to squander.

Marty Smith: I'm bitter, boys. I picked him to win it all and extenuating circumstances are killing me.

Duane Cross: Kurt's done; Mark is teetering, guys. There are only seven races left for these guys to do something -- and there's not another wild card in the mix, not even Martinsville.

Marty Smith: I keep hearing that Peanuts teacher.

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Duane Cross: Hahahaha! ... Keep on hearing those voices, Dawg. Soon it'll become clear: Kurt's done. Kurt's done.

Marty Smith: Wah wah wah ...

Dave Rodman: Wild, schmild -- you gotta watch every lap. Who knows what could happen in Turn 1 at Kansas -- or what evil lurks in the heart of ... someone seeking payback!

Mark Aumann: I think the next few races are going to be a lot like Dover, where seven or eight Chase guys are going to be in the top 10, so the points won't change much.

Dave Rodman: I think you might be right -- but you just can't tell, so stay tuned.

With four of the next five races on cookie-cutter tracks, what effect will this stretch have on the Chase?

Mark Aumann: This could be a spot for the Roush guys to make their move. They've done well on the 1.5-mile ovals, especially Biffle and Edwards.

Marty Smith: Just what Mark said a moment ago -- the Chasers will be up front.

Duane Cross: And that's why the bottom-rung Roush drivers are done -- because they cannot make up points when the front-runners are posting top-fives!

Dave Rodman: Everyone who has a hope of prevailing had better step up and match the 20 -- because barring something unforeseen, those Gibbs boys will shine.

Marty Smith: Now the kicker is Martinsville. I said before the Chase started that Loudon, Talladega and Martinsville would determine the champion. So far that looks like a solid prediction.

Mark Aumann: There may be a lot of station-keeping until Phoenix. This system doesn't reward good finishes as much as it penalizes bad ones, so a nice safe top-10 is better than wrecking.

	Ryan Newman is the only Chase driver with a win at Kansas Speedway. Credit: Darrell Ingham/Getty Images
	And the winner will be ... Predictions for Kansas Smacker Driver Mark J. Johnson Duane R. Newman Marty M. Kenseth Dave T. Stewart Last week's picks Smacker Driver Finish Ryan T. Stewart 2nd Marty Ku. Busch 8th Elliott J. Gordon 37th Duane D. Earnhardt Jr. 40th

Predictions for Kansas ...

Duane Cross: I'll take Newman and Wallace in a 1-2 finish for Penske!

Dave Rodman: Tony Stewart fights off a pack of wild Roush dogs -- Biffle, Edwards, Kenseth -- but pads his point lead a little bit.

Marty Smith: Tech line takes seven hours due to new shock rule. Kenseth wins.

Mark Aumann: Hendrick cars have won twice there, so my Chase winner would be Jimmie Johnson, my Chase long shot is Carl Edwards and my non-Chase pick is Jeff Gordon. He's due to have any kind of decent finish.

Duane Cross: Gordo has two wins at Kansas; he'd give either of them back for a good finish Sunday.

Dave Rodman: I agree with Mark -- he has to snap out of his slumber sooner or sooner.

Duane Cross: We've been saying that for two months. I guess if you ay it enough, when it eventually happens you look genius.

Dave Rodman: Of course, I could just as easily see Nemechek and Rudd battling it out after they blunt a late Yates charge.

Duane Cross: You having flashbacks, Dave?

Mark Aumann: What, Fred Lorenzen and Marvin Panch weren't available?

Dave Rodman: Those cats have been running, hoss -- so yeah, it seems strange, but that deja vu would be sporty.

Marty Smith: That finish was awesome last year. Good to see those guys battling it out at the checkers like that. By all means, Nemechek will be a contender again.

The opinions expressed are solely of the writers.