Monday, February 22, 2010

"The President shall give to the Senate information of the state of the Association"

The ASUN Constitution requires the President to "give to the Senate information of the state of the Association, and recommend to their consideration such measures as he or she shall judge necessary and expedient." ASUN Const. art. III, sec. 2(d). This language, borrowed directly from article II, section 3 of the U.S. Constitution, basically means the ASUN President must give a State of the Association address, if we can assume an intent to mirror the practices (I was there, and we can).

Although this provision did not exist under the previous ASUN Constitution, in 2006 the Senate invited ASUN President Jeff Champagne to deliver his annual address before the Senate. 74 ASUN Stat. 11. The invitation was issued under a Senate statute that required the president to deliver an annual address in the fall semester. ASUN Senate Statutes, section 350.1 (April 11, 2007). Since the Senate acts and communicates through the legislation it passes, the invite was a formal resolution.

Since then, the practice envisioned under the current constitution is dramatically lost. During the 75th Session, rather than coordinate a date with the Senate so the address could be attended formally, as it was during the 74th Session, ASUN President Sarah Ragsdale decided to go it alone: she scheduled the event on her own, sent out her own invitations, and never consulted the Senate until after invites were sent out.

The Senate attempted to salvage the event by formally inviting the President to deliver her address before the Senate, as constitutionally required, but the resolution was not agreed to. The Senate felt it had been snubbed (rightfully so, given that the address is to be given to the Senate), and the result was the Senate largely boycotted the speech.

ASUN President Eli Reilly never did deliver a message to the Senate during the 76th Session.

This year, President Reilly is borrowing from Ragsdale. He appears to be going it alone. Why President Reilly is continuing this poor practice is unclear, but it might have something to do with the lack of a professional interbranch relationship between Reilly and Speaker Gracie Geremia.

It is not an accident that we used the language from the Federal Constitution in the ASUN Constitution's rewrite, now all of three years old. We intended the practice to mirror the Congress and the President's State of the Union message. I'd suggest the Senate fix this misunderstanding, take the upper hand, invite the President, and get the practice back in order, but we all know how well the Senate follows procedure and the intended practice set by those who preceded them.

4 comments:

  1. "Madame Speaker, By the Grace of God, the King of Kings, Emperor of 10,000 Nations, Ruler of Egypt and Syria, King of Persia and its regions, Satrap of all Central Asia, including the Saka, Protector of the Hindu Kush and India, Supreme Being of all the Russias, Duke of Finland, The Most Catholic Majesty of Europe, Head of the Church, Prince of Rome, For thine is the Kingdom, and the Power, Forever and ever. Amen."

    Hey, it would be hilarious....

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  2. I am confused... Reilly comes to meetings and talks about the state of the association all the time... That would seem redundant.

    I believe this was more for students than anything else.

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  3. I will concede that if you read the clause that way, then yes, the President satisfies the constitutional duty by coming to Senate meetings and giving regular reports. However, with respect to the formal speech, the practice was intended to mirror federal and state versions.

    Is there any reason the speech cannot be formally given to the students and the Senate at the same time?

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  4. Might have something to do with those UNR Students for Liberty trying to abolish his precious institution: http://unrforliberty.com/2010/02/sfl-secures-nearly-4-grand-to-abolish-asun-courtesy-of-asun.html

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