Opinion: Editorial
Necessary, but proper?
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Also by Badger Herald Editorial Board:
- The Invisible Man Award: Wyndham Manning (May 7, 2009)
- The People's Choice Award: Jacqueline Hitchon et. al (May 7, 2009)
- The Lifetime Achievement Award: ASM (May 7, 2009)
- Honest representation (May 5, 2009)
- Junger for ASM Chair (May 5, 2009)
Last Monday, the Associated Students of Madison released the first draft of its new constitution to the student body via its blog. Our student representatives held listening sessions to discuss the document with the student body yesterday and will hold a second round on Oct.ober 14.
Although we hope non-ASM students will give their two cents on this 15-page foundation, given their well-documented attendance rate at ASM functions, we thought it might be helpful to put in our two cents.
First off, before addressing the feasibility of any article in this constitution, let us note that we share ASM’s love of the U.S. Constitution. We are, however, wary of emulating it to the degree that ASM has. Our student government seems to have modeled most of the language and some of the structure on our most revered national document — including the chuckle-worthy clause about the Chief of Staff serving “at the pleasure of the president.”
Article III, on non-discrimination, makes the mistake of denying funding to any group that might claim discrimination or exclusivity based on any possible differentiating characteristic known to man … or woman. Given the court cases waged by the Roman Catholic Foundation, they might run into some trouble on this one. Furthermore, their section on “Due Process” simply says that ASM members are guaranteed due process under the law, with absolutely no context to explain or justify the inclusion of that clause.
Luckily, these are problems that could easily be solved with some tinkering. And it must be noted there are bright spots in this constitution.
The inclusion of an executive branch, one of the main reasons for rewriting this constitution, is the anchor ASM has needed for quite some time. While the ASM chair and vice chair occasionally claim to be the de facto representatives of this organization, their actual involvement in the day-to-day operation of ASM is negligible. Even if Student Council fails to achieve anything of real consequence, the chair has no real power to lead them elsewhere. That changes with the new constitution, which gives the president the power to introduce legislation, veto legislation and organize a cabinet.
“The buck stops here” mentality is thankfully also applied to the legislative branch, now given a far more respectable name of Student Senate. Instead of simply hearing reports and marking them down in secretary notes few will ever read, petitions from the student body must be considered by the Student Senate, and legislation can be written to address these concerns.
That’s right, there is accountability. The only problem is there are too many people slated to be heold accountable.
In addition to the unnecessary number of Student Senators — 33, emulating our Wisconsin State Senate, no doubt — the constitution has allotted room for multiple subcommittees. In fact, the constitution blog has a rough draft of a flow chart outlining some of these committees, while noting “some of them may not ever even exist!” While we could certainly go into the redundancies inherent in matching subcommittees with cabinet posts — and shared governance committees — let’s leave it at this: Given ASM’s inability to achieve much of significance, the less time legislation remains in the hands of needless government entities, the better. Scrap the subcommittees and just have the whole Senate discuss potential legislation.
In fact, stick to the small stuff. While ASM may have visions of bureaucratic grandeur in their sights — do we really need nine justices on student judiciary? — keep the constitution basic and leave the rest to the bylaws. Otherwise, we may end up with the same bloated system we tried to jettison. There is no need for additions.
Well, except for one. We did notice ASM left out a clause on the process for disbandment.
Just a thought.
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Some notes about the constitution:
I suppose it does look a little like the US constitution. That happened because we had a legislative and judicial branch and decided we would like an executive. As for the language, I don’t think anybody ever use the US constitution as a reference. I would guess that any parallel language is due to the fact that we are all familiar with the US constitution and therefore the phrases have some connotative meaning for us. We could have said that, “the Chief of Staff will serve until the president decided that the chief of staff messed up and gives her or him the axe.” But we found that a little bulky.
The non-discrimination clause was taking almost verbatim from the current ASM constitution. It seems to have worked in the past, so why change it.
“The only problem is there are too many people slated to be heold accountable” Not quite sure what this phrase means.
We have 33 senators, because we decided to leave the current structure essential as is. They may have used the Wisconsin State Senate as a guide 15 years ago when drafting the ASM constitution. We used the ASM constitution as a guide. For this case too, we have experience with a 33 member student council. It is usually not always full, but with 33 seats we usually have about 23-27 members. We know that this number works well to get things done.
The senate committees serve a couple key functions, which we see as major improvements. One, it allows a way to work on legislation before it even comes to the floor of the Senate. Currently Student Council can waste a hour debating a particular motion. This is due, in part, to the fact that the motion has never been looked at before. Second, these committees provide easier access points into senate proceedings. Third, since we are no longer requiring senators to serve on grassroot committees, it is through the work on these committees that Senators can work on specific policy areas that are important to them.
In terms of bureaucracy, there may be more bubbles on the schematic, but I do not think this structure will be any larger than the current structure. One think that we hoped to preserve was the variety in ways to get involved.
Alex Gallagher