Tuesday, March 9, 2010
Just what exactly do they hope to accomplish?
The UNR Students for Liberty Ludicrousness want to Abolish ASUN. So what exactly do they hope to accomplish? Oh, right. Abolish ASUN. Unfortunately, their latest endeavor in ludicrousness is destined to fail. Putting aside their pure hypocrisy, why are their efforts wasted? Because what they want can't happen.
What exactly is their petition seeking? A student ballot question to dissolve ASUN? Board of Regents action to eliminate ASUN? The petition is unclear as to its effect. Without the petition's legal effect being clear, it is insufficient to be recognized. Aside from the petition's lack of clarity, other concerns exist.
First, as a matter of ASUN law, the petition does not propose a proper popular initiative. The ASUN Constitution limits popular initiatives by petition to constitutional amendments and popular enactment and repeal of legislative acts (i.e. laws subordinate to the constitution). There is nothing in the ASUN Constitution that authorizes the dissolution of the Association (compare student government constitutions that contain express dissolution provisions). As a matter of ASUN law, the petition seeks something that the government cannot grant: a popular vote on whether to abolish ASUN. (This is predicated on my understanding of what the petition in fact seeks.)
Second, the petition is directed to the Board of Regents, suggesting that the petition is not intended to implicate ASUN's electoral process at all (can you understand my confusion about what this petition is asking for?). The Regents are not inclined to abolish ASUN without the consent of the students. But if ASUN cannot legally place a dissolution question on the ballot, this question will never get to the Regents. The only way I see the Regents abolishing ASUN is if the organization becomes so demonstrably corrupt that wiping the slate clean is the only option.
Third, even assuming that ASUN could place a dissolution question on the ballot, what vote would be sufficient to abolish ASUN? A majority of those voting? A majority of the membership of ASUN? It is entirely unclear what vote is necessary, as a matter of law, to dissolve a student government. To me, it seems that an absolute majority of the membership is required. Also, keep in mind that ASUN is not self-chartering. The Board of Regents is the chartering authority. Thus, to eliminate ASUN requires their approval, and as I've said, it's unlikely they'll grant it.
Fourth, the electronic version is an unacceptable medium in which to circulate the petition. ASUN law does not allow for petitions to be circulated electronically. Thus, the ASUN Attorney General has no authority to accept such a petition.
Finally, what the petition is against, namely "a student government that funds itself through a compulsory student fee," implicates a solution that is worse than what exists now. Implicitly, UNR SFL is in favor of an ASUN that does not obtain revenue through a mandatory fee. But it's that mandatory fee that prevents ASUN from engaging in content and viewpoint discrimination when deciding who gets funding and who does not. In other words, if UNR SFL requested funds for its "Abolish ASUN" event under a voluntary fee system, ASUN could deny the request simply because it didn't agree with the message. It is because ASUN has a mandatory fee that the U.S. Constitution prevents ASUN from engaging in viewpoint discrimination.
One last thing to consider: Getting rid of ASUN isn't going to make college less expensive by $5 per credit. The Regents will happily reallocate that money to something else. In short, doing away with ASUN will do more harm to students than good because the students will lose their official representation.
Posts
No comments:
Post a Comment