Justice in ASUCD

Jan 14, 2005 12:57


   "...I hereby resign ... I was in the freshman dorms, I never lied about that. Fact is, I was told to go there by my Focus [his party] advisors ... and you all sit around smiling smugly as if you didn't do the same. Not only that but I know many of you were drunk during budget hearings..." -(former) ASUCD Senator Nafeh Malik (paraphrased here, I don't have an exact transcript), resigning in lieu of the campaigning in the dorms controversy.
   "wow um... I think we need a ten minute break now to recollect ourselves." -Vice President Paloma Perez. "actually... I resign as well... -(former) ASUCD Senator Sean Reul.
   "The word is FUBAR" -ASUCD Senator Donald Cohen-Cutler on his cell phone immediately after a recess was subsequently called.
   "I'm... not resigning..." -ASUCD Senator Brianna Haag, the third implicated new Focus senator, as an anxious silence awaits her report.
   "I'm resigning... from all my other positions" -ASUCD Business & Finance Commission Chairman Alan Pang. "So wait, you're remaining in this one?" -President Kalen Gallagher, interjecting in the subsequent confusion. "yes." Room breaths an exasperated sigh of relief, Internal Affiars Commission Chairwoman Kahliah Laney looks like she's having a heart attack.

Also at yesterdays senate meeting they swore in former Focus candidate Cari Ham to fill the senate seat earlier vacated by Lead senator Adam Barr. Selection of senators to fill vacated seats is the sole discretion of the ASUCD president.



Aggie photographer Matt Jojola (blueliquid13) sulks after missing both resignations, having left the room right before the excitement commenced (but he got a picture of the empty seats which I tihnk was probably more poignent anyway). Orwellian party candidates Rob Roy and Chad van Schoelandt can be seen in the back right corner.

Jurisprudence in ASUCD
   President Gallagher ostensably vetoed the bill passed by senate last quarter to allow ASUCD Court members to write legislation. He justified it by saying that US Supreme Court justices don't write legislation, among other things.
   In response, I firstly pointed out that as the ASUCD president has until the next regularly scheduled senate meeting to veto legislation, and that has already transpired, his veto is unconstitutional. So what happens now is either the relevant government body can refuse to recognize his veto in light of its manifest unconstitutionality, or it can be reversed in a case. The former more convenient method is unlikely to occur so either I will be filing a case myself, or if I don't other people have said they will certainly file one. Obviously either way I wouldn't be sitting on the case though.
   Furthermore I pointed out that in the national arena, one has the Justice Department, the Bar Association, numerous other law related lobby groups, and armies of lawyers who love to tinker with the law. In ASUCD the only semblance of any of these is the ASUCD Court. To say the court can't write legislation is to say that no judicial legislation will be written in ASUCD, and that is ridiculous.
   Also I mentioned that Marberry v Madison in 1807 established that the US Supreme Court could review issues that inherently involved the Court, thus negating the opposing argument that if Court members wrote legislation it would be a conflict of interest for them. To this Commissioner Gordon "I was president of my JC" Fung responded that he didn't think Marberry v Madison applied in this situation. In response I proceeded to give a brief history of the circumstances and significance of Marberry v Madison for the Senate.
   Chairperson Jenni Beeman then asked why we were citing US Supreme Court cases as relevant to ASUCD. This prompted me to give the Senate a brief overview of legal theory and jurisprudence.
   In summary, it was altogether good times.



ASUCD Senators Keith Shively, Janine Fiel, & Darnell Holloway during Thursdays meeting.

cari ham, alan pang, sean ruel, paloma perez, asucd, campaigning in the dorms controversy, gordon fung, matty jojola, kalen gallagher, nafeh malik, discord, brianna haag, scandal, keith shively, kahliah laney, janine fiel, jenni beeman, donald cohen-cutler, darnell holloway, asucd senate

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