[Bottoset] sucks. Hard.

I thought long and hard about writing (and posting) this entry. The (non)story doesn't deserve the attention. Neither do the people who are responsible. But to let it go without response would be even worse than staying silent.

The Sagebrush, which seems to have taken an interest to ASUN again (maybe they just didn't like those in the 77th Session), reported today that a couple of genius senators have introduced a bill to abolish ASUN. Okay, that's really being overly generous, because the bill does no such thing. The operative part of the bill:

Therefore, be it enacted by the Senate of the Associated students, that ASUN and all it encompasses be abolished immediately, and that fees stop being collected from the student body.

The evidence for this proposed enactment?

a. ASUN represents a small minority on this campus, as evidenced by a 10% voter turnout during elections.

b. Compulsory fees are unethical, and create pay for a handful of bureaucrats while wasting student money on pizza and frivolous expenditures.

c. ASUN has abused its authority, and must be stopped.

d. ASUN sucks. Hard.

This bill, just like the petition UNR SFL has been circulating, is destined for failure. Epic failure.

First, the Senate cannot abolish itself, much less the rest of ASUN. It doesn't have that power. Even the voters in ASUN do not have the power to force the issue. The only entity with the legal authority to abolish ASUN is the Board of Regents.

Second, as most (except the bill's sponsors) readily acknowledge, it's a joke. Third, the sponsors clearly haven't thought the bill through. What happens if it passes? Seriously. This more than anything else I'd like a response to.

One last little question. Doesn't supporting this bill, and especially voting for it, either explicitly or implicitly constitute a violation of the oath ASUN officers take to support the ASUN Constitution? Why is that not grounds for expulsion from the Senate? If being clearly subversive to the body you are bound to support doesn't qualify as an offense sufficient to expulsion, I don't know what does.

I hope a senator gets wise and objects to this bill's consideration or moves to indefinitely postpone this joke of a bill. To do otherwise invites ridicule.

---

Update: May 5 at 9:20 p.m.
Turns out the bill is heading to Sen. Bottoset's committee, Government Operations, for a hearing. This will certainly be interesting to watch unfold.

What happens to an office when it is repealed?

Tonight the ASUN Senate will consider a bill to create an ASUN Department of Traditions. Overall, the reorganization of the existing Homecoming Programming Department to include other large events seems to be an interesting idea, although there still isn't a clear reason why there needs to be two programming departments in ASUN.

One thing, though, caught my eye in the bill. It repeals the act establishing the Homecoming Programming Department and the Director of Homecoming Programming without dealing with those who hold office with unexpired terms.

It appears that someone holds the office of director right now. The current officer's term, under the act, expires November 30, 2011. So what happens to this officer should this bill become law?

To me, the critical issue is whether an incumbent has a vested right in continuing to hold office until the natural termination of the term. I really don't know the answer to this question. It seems reasonable to me that the Senate has the unfettered power to abolish the offices it creates, but it also seems reasonable that an officer has some sort of contract right in her appointment to an office.

Thoughts?

What you do speaks so loud that I cannot hear what you say.

It is easy to assume one's cause so virtuous as to justify any action in support of it. The youthful libertarians of UNR Student's for Liberty convinced themselves their recent Abolish ASUN event was a justified attack on a system they find wasteful. Not too many people were amused with the event. Many expressed disgust. However, the political savants at UNR-SFL remain unapologetically unabashed. Those who are annoyed, bemused, confused, disgusted, enraged, flabbergasted, etc are just too simple-minded to get the enlightened point being made by UNR-SFL.

Well, John Russell has proved his assumed beliefs might be just a little too large for him to wear intelligently. His recent post condemning ASUN's Flipside Productions recent event suggests he still does not get why people will label him and his fellow club members hypocrites and still support Flipside's event.

You stand on a soapbox professing disdain for waste and then engage in waste yourself; regardless of the purpose, you are a hypocrite. The club's petty behavior may have made a point, but it was not done elegantly. It was done with contempt and displayed rank hypocrisy.

p.s. Another reason you are all hypocrites is your voluntary attendance at a tax supported state sponsored school.

Be what you would seem to be - or, if you'd like it put more simply - never imagine yourself not to be otherwise than what it might appear to others that what you were or might have been was not otherwise than what you had been would have appeared to them to be otherwise.
~Lewis Carroll, Alice in Wonderland

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.

UNR Students for Liberty and Beautiful Irony

In an ingeniously cruel move, the UNR Students for Liberty have secured funding from ASUN for an Abolish ASUN event. I can't imagine a more brilliant way to demonstrably validate their view that ASUN bureaucracy is a joke.

What's more disturbing is the ease with which the funding was given. You can view the brilliant discourse had by the club commission in a video provided by SFL. I'm sure there are some legal ramifications I am unaware of that might compel the government to fund SFL without discrimination, but that is not what happened.

I grow regularly more and more convinced ASUN serves little purpose. When the club commission cannot stand in defense of the government it purports to serve, the institution has a problem. I've always stood behind ASUN as a great tool to help students learn, but I've seen very little in my years to suggest that SFL is not correct. It seems all ASUN is good at is taking money from all students to redistribute to more active students. ASUN must learn how to advocate for students on issues students care about and be able to defend at least some part of its institution against the funny, but childish antics, of SFL.