Vis Lupi Est Grex

Wrong. Wrong. Just So Wrong.

UPDATE--April 8 at 6:05 p.m.
According to the Sagebrush liveblog of the Senate meeting, Speaker Acosta handled the situation properly. For the first time ever (I think), kudos to Acosta. Now, she just needs to have canceled the applications that have been made available and we're just about all good.

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Today readers opened their newspapers to find that the 76th Session of the Senate is accepting applications on behalf of the 77th Session (which doesn't begin until April 15) for the not-yet-vacant seat of douchebag-elect (err Senator-elect) Matthew Maggy. There's just one problem: they can't do that.

There's a doctrine in parliamentary law that's called the freedom of the session. It's basically like this: the 76th Session cannot tell the 77th Session what to do or how to do it.

It is not in serious dispute that Matthew Maggy has drafted and submitted a letter of resignation stating that he will decline to take his seat in the 77th Senate. But the 76th Session cannot do things for the 77th Session. Robert's Rules of Order, which is adopted as the Senate's parliamentary manual, states "The principal significance of a session as a complete unit of an assembly's engagement lies in the freedom of each new session.... As a general principal, one session cannot tie the hands...[of] any later session" (p. 85). The fact is the ASUN Constitution creates sessions of the Senate by virtue of electing a whole new Senate on an annual basis.

The Senate does have a rule (II (c)) that directs the Speaker to allow for applicants to vacant seats once a seat is vacant. That's great, but the problem is the rules only apply to the 76th Session. Matt Maggy is a 77th Session Senator-elect. When the 77th Session convenes on April 15, the Rules of the 76th Session will not apply. They do not continue in force beyond sessions unless the next session gives them force and effect.

The 76th Session has no authority to do things for the 77th Session, even if it is just to make life easier and speedier. I'm sure it would be nice for the new senate to fill, as soon as possible, the seat that will be left vacant by Maggy not taking his seat, but only the 77th Session can decide what to do. The 77th Session must notice for itself that it has a resignation letter from one of its members-elect and decide whether to accept it.

Hell, the 77th Senate could decide, given the unique circumstances surrounding this particular election (that it ended in a tie with a draw of cards) that the fairest thing to do is order a new election. Yes, they can do that. Article II, sec. 2(a) gives them that power: "The Senate shall be the judge of the elections, returns and qualifications of its own members." They might discover that the Election Commission miscounted the results and that a tie never in fact existed. They might rule that the tie breaking method is inherently unfair because it denies the voters a choice. Whatever happens makes it clear, "The Senate [is] the judge...of its own members," and only of its own members. Hence, constitutionally, even, the 76th Session cannot tell the 77th Session what to do.

To remedy having no rules in force beyond a session, the Senate has adopted law, which continues in force beyond Senate sessions, to govern the convening of each new session of the Senate (ASUN Public Law 75-49). That law sets out the exact order of business to be followed. You will notice that "Disposition of Vacant Seats" is listed below "Adoption of Rules of the Senate" on the agenda in section 4. Here's the reasoning: it is assumed that the Senate will adopt the last session's rules as its own just so it can immediately set up an orderly process. Until that time, basic parliamentary law applies to the Senate. If the Senate does adopt the last session's rules, then Rule II(c) would apply to the vacant seat. Until that rule exists, the 77th Session must decide what to do with the vacant seat.

There's a more practical consideration at play, as well. Maggy is a duly elected Senator entitled to one of the eight College of Liberal Arts Senate seats. Nothing can change that fact--even his resignation letter. Although he cannot be forced to serve, he must be excused from the duty to which he was elected by the Senate, and only the 77th Senate can do that. Thus, it would be unwise (and illegal and unconstitutional) for the 76th Session to do anything with respect to the 77th Session's members--to accept resignations, to start an application process for seats that are not yet vacant, etc.--because Maggy could show up on April 15 and decide to take his seat. Even with his resignation letter already being sent. It is without effect until the 77th Session accepts it. Maggy can change his mind until the resignation is formally accepted. Again, only the 77th Session can do that, accept the resignation.

Madame Speaker Priscilla "Is There Anything I've Done Right This Year?" Acosta should withdraw the applications, prevent the Senate from doing anything with respect to the 77th Session on Wednesday, and acknowledge that she has no authority over a new session of the Senate. If she doesn't, Maggy should show up on April 15 just to make things fun.

As for the "advisers" who likely gave the flawed advice to begin with, get a hold of Robert's and start reading. Or, consult with somebody who knows this stuff way better. ASUN operates under a legal process. Get used to it.