Authority

Nov. 13th, 2010 02:09 pm
aggienaut: (concern)

   I was put on the ASUCD Supreme Court the year after President Bledsoe had decided to deconstruct it. Phase 1 had been to change its name from Supreme Court to "Student Court," the "justices" to "members," the "chief justice" to "chairman," and strip many of its powers away. Phase 2 would have been to eliminate the court entirely.
   I'd been cast into the dark political hole in the ground that was the court to get rid of me, because I had been a rabble rouser. It was a powerless body that was a definite political dead end.

   A case that needed to go through the Court actually came up shortly thereafter. The Court's finding was not to the liking of then-president Gallagher, and he was quoted in the student paper as saying "I'm not sure what the authority of the court is.. I think its just an advisory body anyway."
   Now, according to the bylaws the Court's decisions were in fact binding, but they're only as binding as anyone believes they are. In this case the Student Government Administrative Office (SGAO), which would actually enact the government business, believed the presidency and ignored the court ruling.
   I actually dissented on the Court's opinion. The Court then voted to squash my dissenting opinion from the record. I don't believe they were behaving very well really.

   I recently met with a friend who is currently the chief justice at a community college, and she asked me "the rest of the government is absolutely terrible right now! how do you recommend we use the court to disassemble it?" I understand her position but it's still distressing.
   In one of my political science classes the professor point blank said that judges and justices are never unbiased -- they have political agendas and they pursue them. One of the other justices sitting on the abovementioned case stated "we made our decision harsh specifically to assert our power."

   Within a month the previous chief justice was impeached, and after having dissented on every opinion and been a plaintiff in cases against the court itself, feeling a bit like I was ascending over the blood of my predecessor, I found myself the Chief Justice.
   And I had an agenda as well I suppose. It was to reassert the respect and authority of the court. My plan, however, was to do it by making opinions that were NOT so harsh the rest of the government would balk at them.
   Nevertheless two impeachment attempts against me quickly followed.

   Slowly though, over the course of a dozen cases we were able to gradually instill the belief that we were real and our opinions were binding. It came to light that the names had never been properly changed away from "Supreme Court" and "Chief Justice," etc, so I was able to restore our good name.

   Three years later we faced another grave threat when the comptroller (ie chief of ASUCD's business units) decided that a judicial branch "isn't in a business model" and started a campaign to eliminate the entire judicial branch. He argued that there was no situation that the Senate couldn't resolve itself without a judicial branch.
   His campaign was stopped short however, when for unrelated reasons he fell afoul of the Senate .... and found himself hanging onto political life ... through a Court case before us.

   The Senate would continue to try to resolve its problems itself however, such as the time they retroactively eliminated the requirement for office that candidates oh, I don't know, not be on suspension for date rape (er not be on disciplinary probation).
   This retroactive changing of the requirements for office was of course rather ridiculous, and the Elections Committee Chairman refused to certify the election. The bylaws are quite clear that the election is not valid if not certified by the elections committee chair, but going back to all that really matters is what the administrative office thinks is valid, they were treated as duly elected senators but everyone save the judicial branches.

   This resulted in the third impeachment against me, as well as the elections committee chair and another justice. However, by now the court's authority was un-ignorable enough that I was able to bring the impeachment hearing to a very sudden grinding halt simply be informing them it was not legally valid, and though they'd gathered there to remove me from my position no one made any attempt at all to dispute my legal reasoning or authority.
   Incidentally, this also resulted in the political obliteration of the party that had called for the impeachment.


   I've always been fascinated by the authority of governments -- the manner in which it only exists because everyone believes it does. There are no, and never have been, any fairy tale kings whose authority is seen by all as ordained from on high and unquestionable. It all depends on who the bodies who actually enact activity believe should be obeyed.
   The same goes for the real world, where Yeltsin was able to declare the Soviet Union dissolved and it actually happened, against the protests of other leaders of the union. Or where directly prior to Musharref losing power as the president of Pakistan he had the Chief Justice arrested because said Chief Justice seemed likely to find his power invalid in a court case.

   So basically one thing I learned in student government was that authority depends on who believes the authority exists.




From the ancient archives: entries from the life and times of the ASUCD Supreme Court, if for some reason you're curious.

aggienaut: (gavel)
EDIT 2010-11-13 -- I linked to the wrong entry for Season 7, Week 2, "Deconstruction." This should be the correct entry.


   13 people sit at tables arranged like three sides of a square. They are looking grim and serious in their business attire. The one in the center has a gavel set in front of him.
   In the centre of this box sit the three defendants -- Elections Commission Chairman Leathers, Associate Justice Harney, and Chief Justice Fricke.
   Senator Birdsall, a girl with that librarian style look about her, takes the floor and reads the impeachment charges against the defendants. They are more or less a tirade about the Court and Elections Committee running renegade, overstepping their authority, and/or being biased, and of "violating the brown act."
   She finishes her elaborate indictment, the room is silent as all eyes turn to the defendants. We sit patiently waiting for the nod from the Senate President Pro Tem. It comes, and I stand up...





   To be elected as a Senator of the Associated Students of the University of California Davis (ASUCD), one needed several hundred votes. Six were elected in Fall and six in winter, primarily based on popularity, attractiveness (their pictures were always displayed on the voting webpage, attractive girls never failed to be elected), organizational affiliations, and sometimes even merit (probably only to break a tie in all other factors). ASUCD has always been a two party system. There is "Lead," whose members traditionally have all been ethnic minorities from the various [ethnicity]-studies departments; and "Focus," whose members are all involved in the social Fraternities and sports teams. Focus' goal is to shovel more money into the frats and sports teams, while Lead's goal is to pass resolutions on the situation in Palestine.
   ASUCD itself had (in my time) a $9.3 million budget, ran the city buses as well as a number of other business units (radio station, newspaper, largest student-run cafeteria in the country, etc), and so was considered "serious business" by many. Student government itself was a many-headed beast with a separate executive, legislative, & judicial branch. Executive and Legislative each had about half a dozen commissions or comittees under them, totalling probably about 100 people involved in hotly contesting how things should be done.
   To be elected you had to be adored for attributes largely irrelevant to actual qualifications. To be placed on a commission or committee, usually considered the best place to position yourself for future election, you generally had to be in with currently elected officials. To get on the Court you had to by sheer luck or devilish craftiness align a rubric's cube of political interests within the Senate to convince enough of them that you are their man (or woman) to get what they want from the court, while simulteniously their opponents DON'T think that. I kind of fell into that category by sheer luck.

   I came in on the blood of my predecessor, and always assumed my successor would do the same.

   The politics were thick and vicious. You don't know drama until you've known student government. People's jobs are at stake, and they think their futures are too (vis a vis how successful they can claim they were in student government when they write their law school apps). When the cloaks and daggers come to a head it comes to the ASUCD Supreme Court to resolve the issue. Every successful chief justice from other university student government's that I've known has gotten (unsuccessfully) impeached at least once. I've always said you're not doing anything right if you're not getting impeached

   I got placed on the Court, I have on good authority, to get rid of me. I'd been the single individual candidate in the previous election -- 6 Lead candidates wearing catsup red, 6 Focus candidates wearing mustard yellow, and myself. They saw me as a rabble rouser so they put me on the Court because it was a powerless body that hadn't even met in more than a year.

   It so happened that there was a major case shortly after I joined, however. The Lead-appointed Chief Justice and court majority informed us new Focus appointees that we couldn't sit on the case because we were "too new." I pointed out several places in the bylaws that did not allow her to do this but she simply replied "I am the highest authority on the bylaws and this is how I interpret it." They squashed my dissenting opinion on that case, and refused to hear the case I filed against the Chief Justice, but before the month was out she was up for impeachment over it. She resigned that morning and I, after dissenting on every opinion and been the plaintiff in cases agaisnt the court itself, was appointed Chief Justice in her stead.
   My own first impeachment followed a mere two academic months later or so. Focus had realized that wait, though they had liked my dissenting opinion on that last case, they really didn't like having a chief justice that actually ran the court. The vote split along party lines, 7 Focus in favour of impeachment, 4 Lead opposed. If it weren't for the one Focus senator absent I'd have been impeached.

   The very next week my second impeachment came. I think President Sara Henry called it the moment she discovered I had a livejournal and sometimes mentioned LJ in it, but at the hearing, though she appeared with what looked like all of it printed out, she couldn't cite a specific example of me violating my impartiality in it. Some giggles could be heard in the audience when she angrily read a damning quote about hersel but had to admit it was a comment someone else had made when a senator pressed her on it. That impeachment failed miserably, with most of her party not even voting for it. My LJ reached a level of local notoriety such that for awhile I'd often overhear totally random people discussing it.

   In my third year as Chief Justice, a new political party was formed, "Friends Urging Campus Kindness" (or F.U.C.K. if you will), which ran against the system. Joe average disillusioned student was filled with hope that maybe for once there'd be senators that weren't just looking to buy a ridiculous fire truck to shoot burritos in support of their sports games or condemn Israel for the umpteenth time, but do something for joe average student.
   Two Urgers got elected, Sens Roy & Birdsall. Unfortunately, this little chapter in the history of ASUCD ultimately just brought more disillusionment than ever to the student populace -- after filling everyone with hope for Change They Could Believe In, Birdsall and Roy became the biggest apologists for the usual behaviour.
   In the next election, three candidates were found to be ineligible for office once the election occurred -- they were on disciplinary probation for drug violations in the dorms, plagiarism, & allegations of date rape, respectively. When Elections Committee Chair Leathers realized they hadn't been weeded out at the proper time, he filed a Court case against HIMSELF to correct the situation. The Court scrambled to meet as fast as possible (considering all relevant notification requirements) to resolve this. Unfortunately we found ourselves one justice short of quorum. The student government advisor tried to tell everyone that the Court had authority to resolve this anyway, but I wouldn't have it. The solution I came up with was that we would hold the hearing as we ordinarily would, make a decision and write our binding opinion, but seal it in a manila envelope until the Senate had a chance to vote to affirm the legitimacy of our one-less-than-quorum meeting. This way it would be routed through all the proper channels and they'd be affirming or denying the legitimacy of our decision under the "veil of ignorance" as to whether it supported or destroyed their personal desired outcomes.

   Needless to say the Senate did not approve the legitimacy of the meeting. The decision remained in the manilla envelope.

   The Senate then ejected all non-senate personnel from the chambers and held a closed session, at the end of which they had a bill written to retroactively remove the requirement that senate candidates not be on disciplinary probation. Senator Roy claimed this was "the only option" they had.
   At the time I did make a list on the whiteboard of some ten things which would solve the problem and "probably be less violative of the ASUCD constitution," which is admittedly getting more involved than I'd have liked, but this was all a bit ridiculous.

   Incidentally the closed hearing was later found to be a gross violation of the brown act and invalid, by a legitimately occurring Court case, but the minutes for the closed part could never be found because the minute-taker apparently disappeared.

   Chairman Leathers also thought this was ridiculous and refused to certify the election. Without this the Senators technically couldn't be seated, but that technicality didn't seem to daunt the Senate. And so it was that Leathers and I and another justice found ourselves called to Senate for our own impeachment.




   I stood up calmly and looked around the room. I did not mention that the Brown Act, which Birdsall accused us of violating, had never been intended to apply to judicial bodies and her interpretation of it was nonsensical. I didn't argue with any of the rest of her rant either, I'd been through this enough times now (and we all knew they could and would read my counter-arguments on my lj).
   I read two or three lines from the bylaws that noted how subjects of impeachment are supposed to be notified of their impeachments, noted the several ways she had failed to fulfill the requirements, and ended with "this impeachment cannot take place and must immediately disband," then calmly sat down.
   The room was immediately in an uproar as those who had been gunning for the impeachment scrambled to communicate with eachother about what had just happened. The hammering of the gavel brought the confusion to a manageable level and the pro tem announced that they would be moving out of the impeachment and onto the next business.


   The next day Roy and Birdsall announced that they were dissolving and leaving the Friends Urging Campus Kindness party. I was never impeached again and to my surprise ended my career not in an impeachment but living to a ripe old political age and only resigning when I graduated.
   People still ask me what the opinion in the manila envelope contains. It has never been unsealed since that day, and its contents remain a mystery to all but the court.

aggienaut: (dictator kris)

Vendettas
   On further reflection, and with the support of Matty, I would agree that perhaps Matty and Leathers should be swapped putting Leathers as the most exemplary person in the known history of ASUCD.

   Additionally, I'd like to address the fact that when I criticize officials for behaviour I don't approve of, there has frequently been a response of you just have a vendetta against them!! Do not confuse me disapproving of actions with me allegedly not liking someone because of their actions and therefore being too biased to comment on their actions (!?).
   But moreover, who do I have a vendetta against? Well if I have a vendetta against anyone, its probably Oliver Cromwell, since he's been dead some 350 years but still comes up three times in my list of shadiest people in ASUCD. (= Otherwise, I'll admit I have kind of a pretend vendetta against Paul Harms. But if I WERE to have a real vendetta against someone, it would probably be Sara Henry. I'm pretty sure she had a vendetta against me anyway, and tried to impeach me twice. Note, however, that I ranked her appx 23rd most shady. This is because in my opinion trying to axe someone because you have a vendetta against them is less abusive than trying to axe people merely because they disagree with you. Anyway, as evidenced by my relatively not-bad ranking of Henry, I do not have a vendetta against her and I'd be interested in hearing arguments as to why I have more reason to have a vendetta against anyone else.


   7 of 9 people yesterday voted that they thought I was more associated with Lead than Focus .. you guys forget I was a Focus appointee, hah! (but really I am solidly of no party) Also 10 of 10 of you said you expected more Focus than Lead on the list, whereas I counted 7 Lead and 3 Focus on it. But then again, none of you remember how Lead used to be.


That Which is Not Sanctioned is Forbidden
   Someone brought my attention to an Aggie article today about how the Gofers have been pushing definitions of soliciting in the dorms. But I find what they did not as comment worthy as these comments about it:
"They have every right to go out and talk about ASUCD, but they should have gone through the appropriate avenues by talking to the executive office and president," said Kevin Powers, chief of staff for the executive office.

"[GO] never contacted the executive office about ASUCD outreach," said ASUCD Controller Paul Harms.


   Fortunately this reporter knew to ask the right questions:
However, Powers also noted that slates are not required by ASUCD bylaws to inform the executive office of their ASUCD outreach activities.

"We're under no obligation to inform LEAD about everything we do," Friedman said


   Seriously though, since when do members of Congress have to get George W Bush's permission to do outreach? (Maybe Harms should intern for the white house to give them some ideas)


Endorsements
   Now that I can, several people have approached me about endorsing student government candidates. Several people and Steve Ostrowski several times. Anyway, I have found a candidate I would like to endorse:

Endorsement-Like Statements! )




Trivia of the Day!
   Which famous person once said "I rationalized the "final solution" because the government had to keep on functioning."?

aggienaut: (gavel)

   In my five years of involvement in ASUCD, I have seen a lot of extremely shady antics. As I’ve mentioned before, I do not believe power corrupts, I believe power allows the already-prone-to-corruption to show themselves. There are a lot of scandals in real government, and students love to point these out – but what most people don’t realize is that its not because the people involved in our government are more prone to corruption than your average person – its that they have much greater opportunities (and are under much much greater scrutiny, thus revealing every indiscretion).
   That said, I believe what ASUCD does is show us how badly your average ambitious person behaves when given a little bit of power. Or at least, when not behaving downright badly, it really exhibits how much their perspectives change to what is convenient for them.


The Good List
   Unfortunately, those with exemplary good ethical standards don’t necessarily stand out the way bad ethics do. I would like to start on a good note however, by mentioning those who have impressed me with their ethics:

Surprisingly Admirable:
(ii) Ari Kalfayan )


(i) Nafeh Malik )


Exemplary Nonstudents:
(ii) Don Dudley, SJA & CJB )
(i) Mark Champagne )


Actually Exemplary:
(5) Go Funai )
(4)
& (3) Justices Powers & Wheat )
(2) Jon Leathers )
(1) Aggie Editor-in-Chief Matty Jojola )



   It should be noted, that I cannot account for the most EFFECTIVE people in ASUCD, since I am not in a position to judge how well people are running the busses or running GASC etc etc. The above is a list of those who have had the opportunity to show exemplary ethics (or at least, for the group above that, have more value than people give them credit for). And below, below is a list of the most lacking in ethics.


ASUCD’s Most Ethically Misguided

Mildly Annoying:
(iv) Paul Harms )
(iii) Kalen Gallagher )
(ii-i) Sara Henry & Paloma Perez )

Ethically Dysfunctional:
(22) Thomas Lloyd )
(21) Anyone who, during their term, abandoned or defected from the platform they were elected on )
(20) Jamie Ackerman )
(19) Chris Goran )
(18) Mary Vasquez )
(17) Aggie Reporter Talia Kennedy )
(16) Aggie Reporter Aimee Theron )
(15-11) Aggie Editor-in-Chiefs Vo, Whelan, Fuller, Stone & Hamilton )
(10) Andrew Peake )
(9) Kai Savaree-Ruess )
(8-6) The Unqualified Candidates )
(5) Rob Roy )
(4) Kristen Birdsall )
(3) Chief Justice Turner )
(2) Vice President Beaman )
(1) Tiqula Bledsoe )
(BONUS) Bonus! )



   And now… I probably have significantly more enemies. It should be noted that I think many of the people mentioned above are very nice people in general. In particular I feel a bit torn about the “Unqualified Candidates” themselves because they all turned out to be pretty nice people and kept themselves out of any further shadiness that I know of, but it would be hard to justify not including them on the list.
   Anyway, my hope in posting this is that people who are just becoming involved in ASUCD will read it and keep in mind what NOT to do in the future.

aggienaut: (asucd)
24 hours until my epic list of the shadiest people in ASUCD (in the last six years)!

Feel free to remind me of any dirt on your political enemies you want to make sure I didn't forget ;)

The draft is already four pages long, what ho! (don't worry, I'll use lj-cuts)
aggienaut: (dictator kris)

   From Wednesday afternoon until early this morning I have been in Davis. The main reason for my visit was that before I filed for graduation I had to file for my minors, and I could only do the latter in person.

   This I was able to quickly accomplish once there, however. I have now officially filed to graduate with a Bachelor of Arts in International Relations with an emphasis on "Peace & Security" and "Russia / Eastern Europe," and minors in Communications, History, and Political Science. Unofficially, thats Communication with an emphasis on conflict resolution and organizational communications, and the pre-law series of poli sci.


Episode 1: Welcome to Crazytown
   Wednesday, I came in on a 1:20pm SouthWest flight and took the Yolobus from the airport to Davis. At the Woodland mall bus stop I had to change busses. While there I saw two people talking about something. I'm not sure what, but one was trying to get the other's contact information and the other was saying he doesn't use a phone because he doesn't trust the phone company not to listen in. I filed them both under crazypeople in my mind.
   Unfortunately, one of them (not the one without a phone) got on the same bus as me and sat across from me. Of course, before the bus even started moving he started tryinng to start a conversation with me. Since I was dressed up, wearing a black tie, and had my briefcase, I thought it might be hilarious to tell him I worked for the government and then answer any further questions with "I'm sorry I can't discuss that," but on the other hand I decided he'd probably get all riled up about that and cause a ruckus.
   After asking my name and what I was doing, and finding me not to be a government agent, he pointed to some construction going on on the mall. "They're being very proactive here. They're building a watchtower on the mall." "Why?" "Oh five judges, the mayor of Davis, and some DAs are accused of kidnapping someone, so everyone is all freaked out." "Really? Who?" "Me!!" I proceeded to refile him under "completely off his rocker."
   Anyway, it turns out this guy was the infamous Crazy Joe Sherman, and basically he lived up to his description on the wiki page. He spent the entire time regailing me about how he is the victim of a vast conspiracy. It seems the more he annoys people, the more he thinks their reactions toward him are part of the conspiracy, and the more he feels like he's a rightious persececuted jesus character. He said he had just recently gotten out of 313 or so days of jail, where the other prisoners isolated and persecuted him on orders from the external religious establishment (because you know middle-class Davis churches have mad prison connections!). He also mentioned that he believes God has indicated to him that his true calling is to become a teacher -- which is somewhat concerning considering that several accounts on his wiki page allude to him having a creepy predilection for the company of young males. In a tangental note, wiki user MikeDurkee apparently thinks we should overlook his many creepy and socially dangerous behaviours because he is a "warrior of god." I would like to officially point at MikeDurkee and say "lol!"


Episode 2: Cover blown!
   Yolobus deposited me at the front of the school (from the student's perspective anyway, not to be confused with the Chancellor's idea of the "front" of the school, aka the back side, where important guests don't have to behold those pesky undergrads which burden down their business of corporate research). I was immediately spotted by ASUCD President Kareem Salem (The first ASUCD President since 2002 not to be sworn in by me). I took care of the Communications and History minors but the IR and Poli Sci offices had closed early that day. Ran into one or two more people. Went home and found the apartment much as a left it.
   Suprised the Court at their Wednesday night meeting, then went with Justice Harney to dollar pint night at Sudwerks, where we ran into Pete Markevich (whom you may recall recently survived a Senate witchhunt), along with Sen. Alexandra Frick.


Episode 3: One More Senate Meeting
   I had been reluctant to go to the Senate meeting, having been to so many in my lifetime that even Brent Laabs probably has yet to catch up to me. However, the Senate was considering a landmark bill to formally give control of the judicial rules to the Court, which is kinda big thing so I decided to go for that.
   Previous to consideration of the bill, a lot of the usual antics were re-enacted for the millionth time. Since budget hearings were this weekend, a lot of organizations came to "show and tell" how awesome they are in hopes of getting fatter budgets. Some guy with a penchant for beating dead horses harangued the whole Senate at length for being vaguely associated with someone who had during their free time expressed the political opinion that current policies are not satisfactory to ensure the safety and documentation of all immigrants. I found it highly ironic that his main point was that he thought the DCR event was immature, but I found it pretty immature that he was rightiously chastising the Senate for something they had no control over.
   Then representatives from the Muslim Student Association pre-emptively began defending the anti-semetic speaker they'd brought to campus, while at the same time attacking Jewish Senator Eric Friedman and the DCR immigration event. In short, business as usual.

   Anyway, eventually the bill came up and passed relatively quickly. I thought it was kind of ironic that they made the change in the obsolete Judicial Codes, which will soon be completely abrogated, rather than the general Bylaws or somewhere else where it'll remain, but it was largely symbolic anyway.

   Quote of the Day: "You're the reason people don't take ASUCD seriously" - Brent Laabs to Commissioner Jill Weinstein after she expressed the opinion that ASUCD is just a glorified student club, rather than possessing any semblance of the legitimacy of a governing body.


Episode 4: Scrabble I
   After the meeting, several Senators, Justice Harney & I went to Sen. Dan Xie's house to drink and play scrabble. Since Joe and I were the ones getting the alcohol I of course brought them steel reserve (though Joe also selected some hard lemonade).


Episode 5: Campus Life
   Friday afternoon there were people with a big sign evangelizing by the flag pole, which is not terribly uncommon. However, in this case they were PASTIFARIANS bringing the glorious messege of the Flying Speghetti Monster to the unsaved! True heroes of faith whom MikeDurkee should have a frank chat with.
   Upon investigation these people were not affiliated with either Campus Crusade for Chaos & Confusion (C4), or AGASA, but were in fact merely persons whom the Flying Speghetti Monster in His sauceness saw fit to reach out and touch with His noodly appendage. Their unaffiliated status is clear evidence of the Truth of the supposition.
   Also there were some people in a bathtub on the quad wearing feathered headdresses. Typical. Eventually I noted that Rob Roy and Elise Kane were over there and said hi to them. (Here's a picture of both the Pastifarians AND the girls in the tub)


Episode 6: Life in the Trees
   Friday evening the internet went out at The Trees, which is just so typical. It didn't come back all weekend. Moreover, the internet connection was still there, it just wasn't recognizing the hardware address (MAC address) of mine or my roommates computers. This has been a frequent problem throughout the time we've had this provider, especially on weekends when the tech support is out, which once one actually gets ahold of the tech support is usually resolved by them simply resetting their system. Notwithstanding, you should rent my room at the Trees!!
   Anyway, Friday evening I took a nap in hopes the internet would come back, as I had no other form of entertainment in the midafternoon. By 7 I was getting desperate and decided to take the bus to campus to use the computer labs.
   I took the 7:18 bus in, only to find the computer labs close at 6 on Fridays! I could have sworn they used to be open till ten on Fridays. Anyway, there was still free wireless on campus but my laptop was at home and the bus I'd just come in on had left already. I waited for the next bus, the 8:10, until 8:20, when another person waiting for it suddently exclaimed that they'd forgotten the busses were no longer running since it was Friday evening. This left me with an hour and a half until I had anywhere to be. I called Justice Wheat to see if I could come over early for his shindig, but no answer. Despite the fact that that location was near campus, I started walking home because I had nothing better to do. It took half an hour to walk home from campus. It being then 9:00, I'd have had to immediately turn around and head back had John not called me at that point and said he could pick me up.


Episode 7: Scrabble II
   When I got to John's place, two of his roommates were trying to punch a second hole into a coconut ("double penetrate it"), and into which they then poured rum to make genuine coconut rum. They didn't like the result terribly much so I ended up drinking from the coconut all night. After I finished the original coconut rum I just poured whatever I was drinking into the coconut because it was funny. This resulted in some comments about my nut being sticky, along with other comments about people handling my nut, writing on my nut, etc.
   Anyway, despite the fact that John aimed to keep it "low key" a good amount of people showed up (but not too many, just enough to be awesome), and it was quite fun. My friend Shemek (who was a campaigne manager for the original Lead slate of the Huerta presidency -- but left ASUCD in disgust over their rampant corruption) joined me there. John Wheat and his fellow English-tutor coworkers from the Learning Skills Center played scrabble, but others were reluctant to engage such English aces in such a game. I thought it was funny that when the ASUD officers played the game, they argued about the rules and what the definitive set of rules was and other governance related questions, while the English majors got into arguments about what parts of speech certain words were.
   Anyway, it was good fun. Good work John Wheat & roommates.


Episode 8: Daytime Ruckus
   On Saturday Shemek and I hit the Hunan's Lunch Special around noon . Then we met up with Miss Rosejean Weller. Since we three were former Davis MUNers, and the Davis MUN Conference was currently ongoing, and especially since fellow former Davis MUNers Akila Radhakrishnan and Nishan Bhaumik, we resolved to crash the conference. Then the idea got better when someone suggested we do it drunk. So it being around 2pm we got some 40s of steel reserve and drank them, along with some jagermeister. And we were good to go!
   After this, the three of us went to woodstocks for more pizza and beer. Finally after a good afternoon of good ruckus causing we parted ways. I then returned to the conference for a little bit and guest spoke as a Russian representative. I may have still been a little inebriated, but that may have been an accurate portrayel of the Russian government. ;)


Episode 9: A Formal End
   Just as I was getting out of MUN, Brittawater Segerstrom called me and said I should come over and go to a volleyball formal with them. Which was pretty random but it was only a $12 formal and I didn't have anything else to do, and happened to already be dressed up for the MUN conference.
   Over at the M Street I joined Brittawater, Julie Parker, Kim Bowles, Sarah Jones, and a number of others.
   Eventually we walked from M Street to the event at the Senior Center. As there were initially more than a dozen of us, this took awhile, and by the time the front of our group got there the back had disappeared completely and some had found a ride somehow.

   Anyway, after being there for a little while the group consensus seemed to shift towards a hankering to go to the bars, so once again the group set out on foot, this time towards Froggys on G Street. This brought the total walking distance up to 2.1 miles, and everyone still had to find their way home again (returning to M St would bring it to 3 miles. I don't envy the girls in heels).
   Eventually I walked with what was left of the group back up to fifth street, where they turned toward M and I turned to start my own 3 mile journey back to the Trees (since the airport shuttle was picking me up there at 5:15, crashing on a couch was not an option). Fortunately I happened to completely coincidently run into one of the girls who'd been with us earlier around Central Park. She had struck off by herself toward the Colleges but had felt very uncomfortable making the journey alone and so had called a guy friend, who happened to show up almost simulteniously with me running into her. As he was giving her a ride I managed to get a ride with him as well, which was quite a relief since I still had a very long way ahead of me.


Episode 10: The End
   Airport shuttle picked me up at 05:15am and my plane departed at 7:35am. Altogether, I had even more fun up in Davis than I thought I would. It was great seeing everyone again. There's so much more going on up there than down here in OC. I can't wait to come up with an excuse to visit again!

aggienaut: (soldiers)

Phase 1: All Fun And Games
   Last week there was a rally at Davis. In fact I think there were several. People may have even gotten arrested. However, they were all overshadowed by something a small group of the Davis College Republicans ("DCR") did.
   DCR held an "illegal-immigration" themed game of tag. One side played the INS, and the other played the unlawful immigrants. Team INS had to play with their hands behind their back, and every ten minutes all captured illegal immigrants were granted amnesty and set free.
   As far as I'm concerned, this seems to be a completely ligitimate and create way to express the policy viewpoint that the organizers have, ie that the INS is unable to do their job because they have their "hands tied" in various ways and the periodic amnesties make stemming the tide especially hopeless (in their opinion). Its a policy viewpoint and whether or not one agrees with it, its not crazy.
   However, liberals on campus just about had a kineption, declaring the event "unaccptable." This, ironically, gave the event more publicity previous to the rallies, more press coverage during the rallies, and a lot more press coverage following the rallies, than the rallies themselves.


Phase 2: An ASUCD Inquisition
   Now it just so happened that one Pete Markovich participated with the Republicans in the rally. Markovich, however, is the Chair of the ASUCD Academic Affairs Commission, and in ASUCD, you practice political expression at your own risk. For his participation in the DCR event, Markovich has been called before a Senate closed hearing at today's meeting.
   Organizers of the witch-hunt (which appears to be Andrew Peake and Molly Fluet) initially publicly said at last weeks Senate meeting that they were going to attempt to fire Markovich, but are now apparently considering pushing for a censure instead, which would be easier to get (as it wouldn't entail losing a good commission chair). Additionally, the procedures in the bylaws for censure call for a closed session significantly WITHOUT the defendant having the right to an open session that removal allows. Considering that so many people have expressed an interest in coming to this meeting (There is of course an "I Support Pete" facebook group) that the meeting has been moved to Freeborn auditorium the Coffee House (6pm). (as of 12:26pm the day of)
   Also in the bylaws for censure are several problems -- such as that the procedure currently only applies to elected officials (ie the P/VP & Senators), not appointed Commission Chairs; AND notification of a defendant that he's being considered for censure must be done two days prior to the meeting -- something that was not done. The Senate will have to suspend the bylaws in order to burn Markovich at the stake in this manner. They have, however, covered their bases by initiating the normal removal procedures against him.
   Incidentally, because it occured to them that a public censure was a bit like publicizing a personnel issue, they decided to opt for "rei censure" (as opposed to the other centure in the bylaws, "personae censure"), which focuses on the action rather than the personality of the person. Aside from the fact that I don't think this clears the taboo of publicizing evaluations of personnel's actions, I think they made it up!! -- despite searching the depths of the internets I could not find a single reference to censures being divided into "rei" and "personae."

   Furthermore, as the legendary Igor Birman, Esq, notes:

   ...California Labor Code Section 1101 prohibits employers from controlling, directing, or tending to direct, the political activities of its employees. Labor Code Section 1102 prohibits employers from firing, or threatening to fire, their employees in order to coerce them into following, or refraining from following, any particular course or line of political actions or political activity.
   Furthermore, in a 1979 landmark decision, the California Supreme Court held that these code
sections "serve to protect the 'fundamental right of employees in general to engage in political activity without interference from employers.'" Gay Law Students Assn. v. Pacific Tel. & Tel. Co., 24 Cal.3d 458, 487 (1979).
   [Senate] actions to interfere with the course of Mr. Markevich’s employment, whether by dismissal, other sanction or even by commencing proceedings to discuss sanctions would be in gross violation of state labor laws, as well as Federal Civil Rights statutes. As such, [these] actions would open ASUCD to state and federal litigation and corresponding penalties. ...

   And other than the legal issues, for my part I think those who are pushing to persecute Markovich for his views at best lack a functional ethical-compass.

aggienaut: (spacecat)

To Catch A Predator, and Show Them on National Television
   That show, To Catch a Predator, on NBC (and not anyone who's watched it knows for certain its NBC that its on since they slip it in every chance they get) -- I can't help but watch it and think, the "predators" NEVER have their faces blurred out. We all know for even the most innocuous purposes all subjects to unexpected video-ing have their faces blurred out when televised. And so, I can't help but watch "To Catch a Prisoner" and be exceedingly suspicious that the "predators" are getting some kind of compensation in return for permission to be shown on television (which I would imagine would have to be VERY compelling compensation.). Discuss.
   Also, Kristy & I noticed that in one episode, the "predator" was wearing the exact same plastic yellow wristband as the arresting police officer. We suspect this may be evidence that in fact the whole thing is entirely faked using actors or something.


Meanwhile in ASUCD
   One of ASUCD's two political parties, Focus, has apparently split in two. The new party, which takes with it most of Focus's current incumbants, is calling itself "Go." Only, they've parted with any semblance of the traditional tactic of making ones name an acronym so it'll always be capitalized (A la L.E.A.D.," AKA Lead),-- "Go" does not stand for anything, yet the party organizers wish the name to always be capitalized as "GO." I for one will not stand for this unprecedented abuse of grammar and I hope the Aggie puts its foot down on the the Gofers.


   Additionally, I neglected to mention that Steve Ostrowski actually managed to when ASUCD Supreme Court Case 41. Although he blatantly endorsed certain ASUCD electoral candidates in his AS Papers (ASUCD supported) publication, in violation of Bylaw 411B, some genius defined "endorsement" in the Bylaws as specifically "An “endorsement” shall be when a Campaign Executive receives the support of a member of the ASUCD or an authorized student organization through a signed agreement on a document titled “Endorsement Form.” [...and submitted to SGAO]."
   Clearly the intent of that was to require such a procedure to take place, but by the way its worded it clearly causes anything other than that procedure to simply not be considered an "endorsement." Though the Court adds human rationality to interpretation of bylaws, it simply cannot overcome such strongly worded a specific definition.


Meanwhile, in Space
   Yesterday:


Today's installment will be in the original doodling form from class (but colourized):

aggienaut: (gavel)

A Right to Shadiness?
   Yesterday in the ASUCD Internal Affairs Commission, a member of the public tried to videotape the proceedings. Several various ASUCD officers got extremely upset, with Paul Harms even threatening to call the police and/or sue the individual. The commission's chairman ended up adjourning the meeting without addressing any business, rather than submit to videorecording.

   The reason given was that all people in the room had not given consent to be vidoed. However, the people who "didn't give consent" had absolutely no "reasonable expectation of privacy" in a public meeting in which public minutes are taken, and therefore have no right to, well, expect privacy. But another issue, which is more important to me, is that as a public meeting of a public governing board the public have an absolute right to government transparency which includes recording the proceedings.

   The video of yesterday's IAC incident is already on youtube. The outspoken lad is Paul "I Love the Status Quo" Harms, sitting next to him is Andrew "ACLU" Peake. You would think Mr ACLU would be more sensitive to people's rights for government transparency.


   I've always seen ASUCD as a sort of crucible, which shows people's true character. Its easy to criticize the American government when you can't be faulted for anything similar yourself. We all know college students love to criticize the government, but what happens when you give them a government of their own? Now don't get me wrong, there's good people in ASUCD, but I think ASUCD also shows us how many people who walk among us would make absolutely terrible leaders.
   People say they believe in people's rights versus the government, and they'll certainly maintain that they feel that way not because they aren't in government but because they are rightious like that. But you give these same people a government-like position and they do not hesitate to squash the rights of others to government transparency (and many other topics).
   And that is why I find it so interesting to follow ASUCD politics, and why I was so interested when the leaders of ASUC Berkeley were trying to make off with student money. Its self-rightious people showing us how badly your average person can behave if given a little bit of power.

   I do not believe that power corrupts, I believe that power enables those who are already corrupt to show themselves.


Thomas Lloyd's Legacy
Lloyd's All-Seeing Eye   If one ever makes an edit to any page pertaining to Thomas Lloyd, one will find his all-seeing eye will immediately notice and jump into an edit-war with you. This is because Lloyd believes he has left an amazing legacy behind in ASUCD which vile detracters wish to taint. Also, he apparently believes that potential employers will look him up on Daviswiki, and presumably follow all the links to everything he ever touched, and be impressed (or not, which is his argument for eliminating anything negative about things pertainign to him). Finally, this is really creepy: it took him only an hour and a half to discover someone had created the ASUCD Legislative Clerk page despite the fact that he graduated over a year ago, and THREE MINUTES last time someone made an edit to his own page. To the right is an artist's impression of Thomas Lloyd.
   Anyway, creation of the Legislative Clerk position is one of many things that Thomas Lloyd did and still champions as another shining example of him benefitting society. Others alleged that the position is useless and Lloyd was just using it to boost his accomplishments (ie, that it was just pork). Lloyd of course immediately jumped in defending the position as highly useful, and urged detractors to take it up with the current clerk and/or their supervisor the Vice President if they thought it wasn't fulfilling its potential. ...but then the current Clerk weighed in saying he himself thought the position was just pork! Zing!!

aggienaut: (asucd)

Breaking News: ASUCD External Affairs Commissioner Ostrowski ([livejournal.com profile] sostrowski) just removed from his position by unanimous vote! Additionally, the case he had before the ASUCD Supreme Court (Case 37) was defaulted against him yesterday for failure to file his brief. Some justices are pushing for additional contempt proceedings, as it appears he had never intended to go through with the hearing and therefore was just wasting everyone's time.

aggienaut: (asucd)

   For over a year now I've been predicting that this quarter's ASUCD election would be particular drama filled, and so far it seems to be shaping up as expected. Despite not being there, I intend to report on it, and I believe it will be interesting to even those who have no involvement or interest in ASUCD. So I invite you not to dismiss upcoming entries on the subject because you're not involved in it, but rather to look forward to reading about the drama filled and often petty antics that people will participate in in a contest that really doesn't mean much in the scheme of things. Whats at stake: titles mostly (for citation on grad/law school applications), also egos, and to a lesser extent, control of which irrelevent units in ASUCD will be favoured for the next year, and to a completely fictional extent1, a $9.3 million budget and a fleet of busses.


The Teams
   There are two parties, or "slates," that have dominated ASUCD politics for years, they are Lead & Focus. ASUCD tends to fluctuate between them every two years, being dominated by one with a minimal presense by the other. For the last two years Lead has dominated ASUCD, to the point that many people who would have identified with Focus otherwise simply said they were Leadites to get by. This has led to several prominant defections from Lead to Focus leading up to this election, such as both the Focus VP candidate and campaign manager (former Senate President Pro Tempore Jon Sanders & Comptroller2 Savaree-Ruess, respectively).
   This has lead to the ironic situation of the Focus campaign being run from the executive offices, despite the fact that Lead is currently the executive incumbant. This is because the Comptrollership is an executive appointed position (with an office), and at the time the appointment was made Kai was successfully pretending to be a member of the Lead party (by wearing a red shirt constantly like the rest of them no doubt).
   And there are still others with a confused alignment. For example the Lead VP candidate is a relative ASUCD unknown who seems to have more in common with Focus than Lead.

The Cold War
   So far the two main parties have done most of their dirty fighting through two minor parties that serve as proxies.
Lead:   There is F.U.C.K.E.D., intentionally running off and without permission of the popular former F.U.C.K. slate, which is allegedly controlled by Lead (specifically, my sources name Andrew Peake as the puppet master. You may remember him as a witness and cause of Case 34, because he had caused the impeachment hearing against Comptroller Savaree-Ruess to remain closed to the public over the latter's objections, and the day before that he'd gotten in a violent confrontation with the same).
Focus:   On the other hand, ACT and the infamous Christian Slate are allegedly controlled by Focus, though these two apparently recently were assimilated entirely into Focus.
   These respective proxy slates have been visciously going at it, both against eachother and their opponent's mother-slates. Rececntly former F.U.C.K.E.D. candidate David Poole has confessed to being behind an anonymous account that was rumour-mongering on the Focus page. His confession is believed to be intended to shield continuing candidates and Lead officers from suspicion in the incident, but did not appear to have any remorse regarding the incriminating information he had spread with malicious intent in reckless disregard of the truth.


   And so, as you can see, this promises to be an exciting election filled with drama.


Breaking News
   Due to the extremely long delay between the posting for open positions and hiring of new justices to the Court (the process dragged on over a quarter), though 20 people had at one time applied, only four were still waiting around to show up when they finally held interviews, and three were hired. Note that the Court has no control over this hiring process (and hence its not a primary interest of those who ARE responsible) and something probably should be changed to prevent this from happening in the future. Anyway, one of the Justices left a vacancy on a commission which caused the Christian Slate's Steven Ostrowski, to be moved up from alternate to full commissioner. Which means for the first time he, the most hated person in ASUCD, is in a position he could be removed from by closed session (and it also means that at the moment he has a more successful ASUCD career than Paul "Still waiting for a position" Harms).
   And conveniently he has also just givin everyone a good reason! Apparently3 he emailed Senate stenographer ("recorder") Bobby Gray saying he would drop the case he had filed against him if Gray provided him with the minutes and allowed him to "reform" them (?!).
   Good times. On a related note, I know those of you involved are going to run to the court saying that this has some effect on the case. As far as I can tell it does not, so spare my justices your drama unless you can find a relevant motion in the FRCPs. Note also, that the Court has not yet published its decision on accepting or rejecting the relevant case (Case 36).


Picture of the Day - And Now For Something Completely Different


Me firing an AR-15 assault rifle!
(Its only a matter of time before the Winter 2007 ASUCD Election spreads to full scale civil war!)

   I put several other new pictures up on Flickr today.


Footnotes )

aggienaut: (gavel)

I. OMG Bees!!
   So earlier today I'm sitting at my desk and I look up to see our yard is filled with bees. I think "oh the bees are swarming again," but then I realize, oh wait we don't HAVE any bees anymore. I run out to investigate. By the time I get my shoes on the swarm has moved up the hill. I find a clump of bees about 2/3rds the size of a basketball on a branch.
   Later mum comes home and I tell her about it. She says we're still getting bee droppings on our cars regularly (lots of little yellow dots) and speculates that maybe there is a colony very close that we are not aware of. We're looking at our roof and seeing nothing. Just for novelty's sake I mention that bees usually inhabit the pitch where two parts of the roof come together and we go around to look at that part of our roof. Lo, there are bees there!! Further observation indicates they are probably just scouts from the passing swarm though (they were just bouncing around rather than making, so to speak, a bee-line in and out).
   There was some discussion of having me execute the swarm. Interestingly though, while I generally didn't feel overly much remorse when I killed hundreds of thousands of bees a day for my job, the prospect of killing some on my own time actually feels rather morally unsettling to me. d=


II. Defendant Rights in ASUCD
   As one will recall, recent prominant ASUCD Case # 34 regarded whether a witness could be considered the party to a closed session on an ASUCD employee's job performance, and therefore override that employee's wish to have the session closed. The ASUCD Supreme Court found that the codes clearly stated that only "the appointee / employee being discussed" had a right to cause the session to be closed.
   Subsequently, counsel for the Defense (ie those who lost the case), have written a Senate Bill which would change the bylaws to support their side. It redefines party as "(1) The ASUCD employee or appointee the session has been called on. (2) Any witness giving testimony that the Senate President Pro Tempore has deemed to be a Party in the matters discussed in the closed session."
   Incidently, the background for the bill reads "A recent court case showed that there was a need to define the term “party” in the bylaws on closed sessions." I think its debatable at best if the case "showed" that. I was there and I found the current definition of who had the relevant rights to be extremely clear.

   Anyway, the point is this is about the right to confront one's accuser. If the defendant waives their right to privacy, they should not be accused of anything the accuser wouldn't say in public. Also I remind you, the Defendant is the person with everything to lose in the situation, they are the one whose rights should be carefully protected.
   Now it has been mentioned, almost ad absurdum but vaguely possible, that it might be that the case regards sexual harassment, and therefore the witness-victim may have legitimate privacy rights. Firstly, this will certainly be the exception, rather than the rule, as it does not resemble the circumstances of 99% of Closed Sessions. Secondly, ASUCD is NOT the appropriate primary forum for addressing such a problem, the Police or at least Student Judicial Affairs (SJA) is. And with that thought in mind, I'd say I could agree to allowing sealed witness testimony IF it is only allowed if the witness has already filed a report1 on the same subject with SJA or the PD, and minutes of the entire proceeding are made available to that same investigatory body. I believe nothing less than this would prevent sealed witness testimony from being abused.

   And it should be noted that this is being changed in light of the circumstances of Case 34. The closed session that was the subject of Case 34 CERTAINLY would not fall under an allowable circumstance for sealed witness testimony. That situation was entirely political, Peake could have chosen not to participate, and/or the other persons involved would have had just as much a right to say harmful things about him outside of the session as in it, its closure just allowed him, a politician, a venue to subject Savaree-Ruess, a politician, to a political circus without being judged himself (though it should be noted that it wasn't Peake's idea to call it, but he instigated its closure to the public). And furthermore, since the matter was already being discussed at length in public, all the closure allowed was for the Senate to deliberate in private, which is even further from allowable circumstances.

   Anyway, fortunately this idea to vindictively redefine parties was shot down in Internal Affairs Commission, where incidently both Case 34 Plaintiff Kai Savaree-Ruess and Case 34 Defense Counsel Paul Harms are former chairpersons. Sources tell me it devolved into some kind of shouting match.
   Reportedly upon being voted down Harms commented "This isn't the IAC I used to know." Which is ironic because before HE "knew" IAC, Savaree-Ruess was its charismatic chairperson for much longer. Though Harms' brief experience as the chair of IAC (before being shamefully dismissed and left with no position at all by the Senate) was the pinnacle of his ASUCD career, he should have known better than to think he'd have more influence there than Savaree-Ruess.


   And such is the hard-hitting ASUCD commentary I can provide to you when I'm for the first time in four years not under an obligation to remain unbiased. Incidently I have it on good authority that I was originally put on the Court to shut me up. (=
   Though actually I'm still on the Court for another forty minutes. I feel this is a de minimis consideration however.

Coming Soon: The current ASUCD Cold War

aggienaut: (Default)

   The Opinion for Case 34 has been published.
   Case revolved around dispute as to whether if a closed session was called on Controller Savaree-Ruess, and Savaree-Ruess motions for it to be open, can then-senate-candidate Peake who was involved in an altercation with Savaree-Ruess, require that it be closed (based on ¶3 of the relevant section, which says all parties to a closed session must ask that it be open).
   We came up with several different ways of coming to the same conclusion on the matter. I will only recite my favourite here:
   ¶1 of that section states that closed sessions can only be called on ASUCD appointees or employees (Savaree-Ruess was an appointee, Peake was neither). ¶2 of that section states that the session can only be made open by the appointee or employee being discussed (again, Peake is neither). It follows, that if Peake did not have a right to ask that it be open, he certainly cannot by NOT asserting a right he DOESN'T have, override the right that someone else DOES have.

   Case 35 appears to have been dropped. Plaintiff Laabs has made several ambiguous statements that he considers the matter settled, and today the court, operating on the principal that People Don't Know What They're Doing, voted unanimously to consider his statement that "the matter is settled" and he "intends to issue a written agreement" to constitute dropping of the case. (Though he can still tell us that oh noes thats not what he meant).

   Decisions on acceptance of Cases 36-39 are due out in the coming days. Tomorrow at Senate Justice Wheat will present the Case 34 findings, and Justice Harney may announce acceptance of other cases.
   Also the rotating Vice Chiefship now goes to Justice Harney.


   In other news, you should all add the Head of State Update to your daily blogreading.

aggienaut: (asucd)

The ASUCD Gulag
   After a 2+ hour debate in which two people cried, the ASUCD Senate finally came to an agreement: they would fork out $1,000 to send the controversial Steven Ostrowski to do hard labour in another country.


Indictment Act
   Judicial Proposal 7 was finally passed (12-0-0) as Senate Bill 35. To have the ASUCD Senate consider the removal of a Justice:
   Formerly required a motion by a Senator (no need for a 2nd even), Justice would be told 24 hours in advance that they were being considered for removal (they need not be told (and usually weren't) anything more specific about the charges than that it is a "personnel matter") & that they have a right to make the closed session on them open;
   Henceforth (assuming President Holloway signs the Bill) a motioning Senator will have to write up charges citing (i) the specific bylaw or subsection of the judicial code of ethics allegedly violated, (ii) the specific action or inaction the Defendant Justice allegedly committed and the specific time and place if applicable, (iii) the general evidence or witnesses who would be able to attest that it is reasonable to believe these allegations, and (iv) an argument or explanation that if believed these allegations would render the Defendant Justice unfit for their position; and the validity of these charges must be confirmed by the Internal Affairs Commission; if approved by the IAC, the motioning Senator then may proceed as before (24 hour notice etc), but the defendant Justice shall of course be given the approved charge sheet and may only be charged in accordance with such.
   Unfortunately, when I think about the spurious charges made against ASUC Berkeley Chief Justice Sonya Banerjee earlier this quarter, they might have slipped through even the new indictment process here,* but at least for example the spurious "just to talk' impeachment hearing Sen Birdsall called against Justice Harney & myself last year would have been right out.

   Anyway, needless to say the passage of SB35(2006) should actually make a huge improvement in the independance of the ASUCD Judiciary. It was a very positive note for my last ASUCD meeting, ever.


Using E
   Every time Sen Alexandra Frick's name is called I think my name is being called since "Frick" is a very very common mispronouncement of "Fricke." In fact, our names are in all probability etymologically linked and we share a 16th century Prussian ancestor. I am rather disappointed, however, that Alex's ancestors gave up the fight to explain that the "e" is not silent. (Though my own ancestors missplaced an accent mark that was over the "e" somewhere in Brazil)


Advising Advisor: Rein in Reign or Resign
   The Aggie ran an editorial yesterday supporting Elections Chairman Leathers' call for ASUCD Advisor Tucker to change his behaviour or resign. This comes a day after a front page article reporting on the situation, which was initiated the day previous by a livejournal post on the subject by Leathers.
   Article ends with "Tucker has little ASUCD experience and would do well to pay some respect to those students who have been active members of the association longer than he has."
   On any account, rumour I'm hearing is that Tucker was never planning on being the advisor for more than two years, before scampering off to law school. I think its kind of silly to hire an advisor for so short a period of time that they'll never have more experience than the senior student leaders (previous advisor Eric Sanchez was around less than a year). I have a brilliant idea for our next advisor though: former Sen Lamar Heystek.
   I'd be available to take the job presumably, but I'm in no need for such a demotion ;) (For Heystek though it would be an appropriate "day job" to support him while on city council (which does not pay I believe)). But really I plan on not being around here for the rest of eternity ... though on the plus side it would be the ultimate last laugh on Vicki Swett if I ended up with her job.

Quote of the Day: "I bet you never thought I'd be contemplating filing two back-to-back cases!" - Kai "No Need for a Judiciary" Savaree-Ruess.


Year Ago Today: Unqualified Candidates Scandal Breaks - News of the Unqualified Candidates Scandal first breaks. Also, I'm quoted in a student government court opinion in Texas.

aggienaut: (star destroyer)

   The Case 34 Plaintiff Brief is unchanged from last week, and the Defence Brief just came in. I recommend you read them, they're concise (1.5 and 1 pages respectively) and its relatively easy to grasp what the case is about and therefore rather what exactly it is we do in the ASUCD Supreme Court.


   The Hearing is scheduled for tomorrow (Wednesday, Dec 6th) at 7:10pm in the MU Mee Rm Moot Court, UCD Law School.


   In other news, The Aggie published an editorial ("Sanders' Motives, Integrity Questionable"* today declaring former Lead Senator / Focus VP Candidate Jon "Independant" Sanders to have a shadiness factor of approximately nine**.
   Sanders belongs to the same fraternity (Delta Chi) that brought us Sen Thomas "Loopholes" Lloyd & Justice Daniel "Retroactive" Raff.

* Will someone please do something about the paragraph-long Aggie URLs?!
** Number nine not explicitly stated in the editorial, but clearly implied.

Case 35!

Dec. 5th, 2006 12:11 am
aggienaut: (Tiananmen)

   Extra! Extra! ASUCD Elections Committee Chairman Leathers posts a sweeping condemnation of reigning ASUCD Advisor Michael Tucker, calls for his resignation for alleged capricious overstepping of authority and flagrant bias.


   In other news, ASUCD Supreme Court Case 35 was filed today. As before, I'm not going to say anything about it until we've considered whether to accept or reject it.


   And congratulations to the new UC Merced Chief Justice, Joshua Bolin, and the other six justices. I don't know why you guys chose the number seven.


   This weekend the delightful Kristy Heidenberger was visiting, but that will require its own entry.

aggienaut: (asucd)

   At Senate today the six senators elected a year ago made their farewell speeches and were replaced by six new senators. In their farewell speeches, Senator Spencer Higgens announced his intention to run next quarter as the Focus Presidential Candidate, Senator Kareem Salem announced his intention to run as the Lead Presidential Candidate, and Senator Jonathon "Independant" Sanders --who almost exactly a month ago left the Lead party with "no plans on running for office on another slate in the future" announced his intention to run as the Focus Vice Presidential Candidate. The ASUCD Advisor / SGAO then completely overstepped their authority and gave the six outgoing senators the certificates of election that the Elections Chairman had refused to issue last year (stating that he could not in good conscience certify the election after the qualifications for office had been retroactively changed). Technically this would finally make these outgoing senators real senators, at least for a few minutes until the new ones were sworn in -- but lacking the Elections Chairman's signature I guess they're not really certificates of election.

   As I'm still in office, this bring the total number of Senators I've served with as Chief Justice to 57.


Inaccurate Tasering
   I was also very amused today that our paper the Cal Aggie carried a "guest editorial" from the UCLA Daily Bruin titled "UCSA Taser Resolution Inaccurate, Uninformed." Coming from a school that not only is still a member of UCSA (the UC Student Assn), but was the location of the tasering incident itself, this chastisement is so much stronger than if it had come from us.
   In conclusion, the staff of UCSA should be tasered.

aggienaut: (gavel)


   The Case 34, Savaree-Ruess vs. Carnes et Al, Hearing has been postponed until Wednesday next week pursuant to a motion by the Defence.

   I stopped by the Student Government Administrative Office (SGAO) today and found Plaintiff Savaree-Ruess, Defence Counsel Powers, Associate Defence Counsel Harms and ASUCD Advisor Tucker all hanging out. Ruess said that his team (which includes Defence Counsel Greg "Big City Lawyer" Russel) is already working on one-liners to use during the Hearing. Powers vowed to be equally prepared for the battle of wits.
   Powers has also created an "ASUCD Legal Defence Team" facebook group. Clearly, the legal armsrace is on!

   Anyway, during my twenty hours of driving this past week, as I said I had altogether too much time to ponder the deep questions in life ... such as how to make ASUCD even better! I came up with two brilliant insights:


Deliberate Oral Exams
   The actual reason I was lurking around the third floor was to pitch this idea to Tucker.
   Basically, I was pondering how the interviewing process for prospective justices could be made to better highlight the skills one wants justices to be selected based upon. The normal interview process only works if the interviewers ask brilliantly insightful questions, and even then they might get at the mentality of the Justice, which is important, but it leaves utterly no guidance as to whether tehy will be an involved and effective Justice.
   Now the way the US State Department examines prospective foreign service officers is, after making an initial cut in written exams, they put a dozen or so applicants in a room ... and have them fight to the death! Not really but they make them work on some theoretical project in which they'll need to compromise and work together.
   And so I was thinking, what if we get the judicial applicants together in groups of nine provide them with a hypothetical case, and watch them deliberate! The people currently mandated to be on the interviewing committee observe these deliberations and can then make selections on a basis of effectiveness, insightfulness, judicial mentality, and all kinds of other relevant informations!

   I pitched it to Tucker and he thought it was a great idea and could even be implimented for the interviews that are coming up asap. He's still got to pitch it to President Holloway though, who as chair of the interviewing committee is the one who decides. But I'm very excited about it. Time to rustle up a case.

   And hey take note UC Merced, I know you've been stalled for weeks on the judicial interview process!


Fully-Automatic Recall
   Currently, at universities nationwide, there is a problem with elections. That being, that (1) if a candidate gets disqualified, they very frequently sue anyone and everyone until the right people roll over and let them take office, since no one but the candidate themselves cares about it enough to go to court over it; and (2) the candidate invariably cites a misguided interpretation of "democracy" or "will of the people" to support their position. It has been of little avail to advise them that its not "will of the people" if they had an unfair opportunity to influence "the people" or "the people" didn't know critical information about their character. But I came up with a solution that utterly resolves both these problems.
   Keep the system of "campaign violations" or "censures" which are given in various amounts for various severities of violations. BUT where currently a certain number mandate disqualification (three in ASUCD, five at Berkeley I believe), replace disqualification with automatic recall. Basically, the candidate still gets elected into office, but a recall election is immediately scheduled for them the following week.
   In this matter, it can be conclusively determined whether "the People" would overlook their indiscretions, and I can't imagine a lawsuit overcoming this second voicing of the "will of the people."

aggienaut: (gavel)
   I am officially back now as far as the Court is concerned, and some noteworthy things have occured in the mean time.

Case 33 Laabs vs the ASUCD Senate has been rejected.

Case 34 Savaree-Ruess vs the ASUCD Senate (Carnes et Al actually) has been accepted.

Case 34 Plaintiff's Brief has been filed. Defence brief will be due tomorrow. The hearing is scheduled for 7:10pm this Wednesday (Nov 29th).

Interviews for court positions were supposed to occur today apparently but were cancelled as not all interview-committee members could make it.
aggienaut: (asucd)

A Day in the Life of ASUCD Senate
   Still in Senate, Senator Zamora just cited "hearsay" about what a business manager allegedly said about a financial bill, which I thought was funny. Anyway, we're talkign about about a bill to spend $11,500 on security cameras for the Bike Barn. For unclear reasons this bill didn't formally go through Business & Finance Commission (B&F) so people are talking about it at great length here.
   Earlier the Senate discussed spending $1,600 so people can go to the "Reaffirming Ethnic Awareness & Community Harmoney" conference. The Bike Barn bill just passed 9-?-? over the B&F Chair's mild objections.
   Bill for $300 for World AIDS Day shirts. Later we'll be discussing the Justice-Impeachment-Indictment Bill (formerly Judicial Proposal 7, now Senate Bill 23), and the bill to change the wording of the Senate agenda item under which the Chief Justice makes reports. Then a constitutional amendment and a bill placing it in the bylaws regarding the proposed "Outreach Assembly" will be discussed. That should be interesting, its gone through every commission, and it would kind-of create a lower-house of the Senate.

   8:36 - senate is now debating whether "miseducated" is a word
   8:51 - Senator "Tiny" Sanders: "I'm disappointed none of these t-shirts are in extra large. Big people also believe in fighting AIDs! But if it costs more don't worry about it, I'll go work out so I can fight AIDs, or wear a tight shirt!
   8:55 - The passing of the t-shirt bill puts the Senate budget in the red!
   9:38 - a bill reallocating the money formerly given to UCSA just passed, so the budget is no longer in the red. Now the Office of External Affairs is proposing we hire a professional lobbying firm for $15,000 a year (a company that usually charges $30,000 a year). This will of course be coming from the money that formerly went to the UCSA. This company will research education related legislation for us, lobby for us, and train 20 students a year for us. Sounds like it really kicks the ass of our former use of the money.
   10:37 - Kevin Powers (Executive Staff) - "I feel like its Mount Olympus up here ... and some people just can't claim it" (talking about the Outread Assembly now)
   11:07 - Senator Deepek "I want to include some kind of clause or.. quasi-clause..." (it was even funnier at first because I thought he said "clausie-clause")
   11:21 - Senator Higgens "The corruptability of this proposed body will . be . the . downfall . of . this . association." (still talking about the Assembly.)
   12:32 - The Bill & Constitutional Amendment to create the Assembly have passed.
   12:50ish - JP7/SB23 finally comes up, which is the bill I've been waiting for. Things start out good, with two senators speaking very favourably of it, and Ostrowski speaking against (which is in fact a good thing, as Senators tend to rally against whatever he's saying). Then two senators spoke skeptically and Max Mikolanis, who's the author since I am one of nine people in the world who can't be,* got cold feet and withdrew the bill. Next time I'm putting Jabba the Hutt as the author and myself as the author-designee.
   01:10am - Meeting over. I've spent 17 of the last 29 hours at student government meetings.

*ASUCD Justices are forbidden from writing legislation, but non-ASUCD members aren't. Saddam Hussein could write an ASUCD bill, but I can't. At the time they made this rule I tried to point out that it is NOT a violation of seperation of powers if I can write legislation since its the ability to PASS legislation that is unique to the Senate (again, since even Augusto Pinochet can write ASUCD legislation), and that unless they think I could unfairly cause them to pass it through some kind of jedi mind tricks, there's absolutely no reason to prevent me from writing legislation. This was part of the origin of the "jedi mind tricks" epitaph which eventually got stuck to my name (for example I was put on the fake election ballot as "Kris 'Jedi Mind Tricks' Fricke").

   Anyway, this entry is about my farewell address.

My Farewell Speech )

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