Under compromises being discussed, both Bama and OKST would have gotten their chance. That's good, because a system that would have frozen out an eventual national champion like Bama is a flawed system on its face. There has to be access for independents and very high ranked teams that didn't win their conference championships but ranked other teams who did.
Independents have to be considered, too--yes, ND when they are highly ranked. The BCS system shouldn't be used to force a school to join a conference against their will. If ND ranks other teams being considered, then ND should get in, IMO.