aggienaut: (soviet)

   Free icecream tomorrow. But while I'm at it, I haven't posted a poll in way too long. So:

   Knowing that "Rob Roy" in this case refers not to an alcoholic beverage or a Scottish cattle rustler, but the city council candidate pictured (who is also an employee at the local Ben & Jerry's); knowing that Free Cone Day is a national Ben & Jerry's Homemade Holdings Inc ("Ben & Jerry's") annual tradition; and knowing that Rob Roy designed and propogated the flyers like the one you see above (consider colour version, which is plastered all over the internet, as well):
[Poll #716467]

aggienaut: (star destroyer)

   At the time, running on promises to end ASUCD corruption and shadiness, the Friends Urging Campus Kindness facebook group accrued an unprecedented 2,000+ subscribers. Since then, official leaders of the group have one by one been guillotined until only three of the original seven remained: Pete Hernandez, Kristen Birdsall, and Rob "Robespierre" Roy. For fear that the mighty banhammer would be used to squash further dissent, leadership of the group was placed under a Protection Committee and Roy was temporarily relieved of bannorizing privileges.
   I then sent out the following message: (title: F.U.C.K. Officers to be Removed by ASUCD)

Friends Urging Campus Kindness was founded in opposition to the corruption and shadiness that had been prevelent at the time within the ASUCD Senate.

Last Thursday the Senate passed legislation retroactively eliminating requirements for office so they could seat certain people. This Thursday the Senate has placed on its agenda the removal of four long-time Friends Urging Campus Kindness supporters for having expressed dissent over this.

Senators Roy and Birdsall, elected via F.U.C.K. themselves, are poised to support this action.

I urge you to tell Roy and Birdsall yourselves whether you feel this represents what F.U.C.K. stands for.

Message Kris Fricke for more ways you can help keep the F.U.C.K. in ASUCD and prevent Senate from fucking F.U.C.K.

   Now it is important to note that I do not state anything which is not true (Roy disputes that they actually intend to remove us, so I didn't say they intended to but that its on the agenda), nor do I add any kind of valuative judgements to the narration (its not the bad, evil, or unethical legislation, it is simply the legislation as its proponents might themselves describe it), and most importantly of all, I do not even call for the party members to oppose the action. I simply urge them to tell their senators themselves how they feel about this.

   As of 5:13pm today ASUCD Senator Robert Roy announced that he and fellow senator Kristin Birdsall “have defected from the [Friends Urging Campus Kindness] party and are now independents.” They are survived by various F.U.C.K. members holding commission positions. Their first action as independants may well be to axe four former compatriots, for reasons which have as yet still not been disclosed.

   Roy is also, incidently, running for City Council, and has expressed an interest in changing the name of the F.U.C.K. facebook group to something presumbably along the lines of "Rob Roy For City Council"

   All four persons set to stand trial tomorrow not only request that the closed session be open to public, but maintain that there is not usually any "deliberations" during Senate, and the only privacy rights that can be invoked are those of the accused, who have waived them, and therefore the common practice of Senate retreating behind closed doors after an "open closed session" may not take place.


   In conclusion, tis better to be independant than have to hear from your constituents.

aggienaut: (asucd)

   Previously, proponents of the override of the qualifications for office have strongly advocated that we all put it behind us, and maintained there'd be no public outrage. Today the Aggie pwned them in three articles (Senators-Elect Take Office Due to Retroactive Legislation, Editorial: Actions Diminish Associations Credibility and ASUCD Election Never Certified (letter to editor)). This evening Friends Urging Campus Kindness Senator Birdsall notified all officers who had dissented againt the Senate actions that they will be considered for removal this Thursday...

This Thursday the Senate will have my removal on their agenda.


   I have no idea what I'm charged with.

aggienaut: (clinton)

   I oftentimes find myself wishing I wasn't part of the highest judicial authority in ASUCD -- wishing that there was some appeal above me. Unlike everyone else, I don't get the priviledge of being vindicated by being proved right by higher court.
   Former senator Darth Lloyd says "The Court's improper action was the reason for removing its authority. What Kris's proposed action overlooks is that it violates the constitution," and [livejournal.com profile] senatorroy says "had they not requested Senators elected in Fall 2004 to still sit at the Senate table to determine the legitimacy of the court’s opinion, despite that the constitution explicitly states no Senator’s term shall last longer than a year, then I would have heard the court’s opinion." Now, of course, the latter quote would seriously have any lawyer or elected official ROFLing their asses off (since the method he's disparaging is how its done in every "real world" situation), but I hate to depend on the involved to take my word for it (they evidently haven't anyway)(as to the former, it is literally impossible for the Supreme Court to violate the Constitution, I know this answer is unsatisfying, thats why this entry is about my wish for vindication). When we amended the judicial article of the Constitution last winter I personally was in favour of allowing cases alleging the Court was in violation of the Constitution to go to the Campus Judicial Board, but that didn't happen, due to concerns about subjecting our judicial system to an administration body.
   Furthermore the fact that any idea that comes up in Court is in a certain sense appealed instantly to the other justices seems to be given no weight. I've only been in two meetings with the other justices so far, so you can't honestly allege they've all fallen to my jedi persuasion yet. The first thing I always tell all new justices is "we have what is written, and everything else, even what I'm saying right now, is just an opinion," and the second thing I say is "never feel like you can't disagree with me, even adamently," and on every substansive matter I never speak first. When the justices were all confirmed by Senate, the Senate could have implaced justices that would take a very strict literal interpretation of the bylaws a la former Justice Raff, but at that time they chose the people whose opinion they now discard. All this is to say I find it silly that the Court is seen as my opinion (see first quote), or to imply the Senate knows jurisprudence better than us.
   Anyway, despite these things, I am confident that an analogious body would absolutely uphold our rulings, if not find in a manner even more unpleasant to our detractors. If any senator wishes to take me up on this, I welcome you to arrange for either (1) the Courts of any two other UCs to consider the constitutionality of our rulings, or (2) an ad-hoc Court of the collective Chief Justices of the UCs (minus me of course) to consider the constitutionality of our rulings. It would of course be informal from their end, but if they find against my court I'll see to it that our rulings are retracted and future rulings more limited (and at the very least I'll admit to being completely pwned - though be prepared for the same). Though arguments will probably be made electronically, we'll come up with a fair way to moderate that, and the selection of any two Courts must of course not take into consideration how one expects each court to rule. I have not communicated with any of them regarding this case.
   Or another similarly fair system would be acceptable to me if someone thinks of something. The bottem line is: we are the Court, we are your judicial authority, and we fully believe that our opinion has been as just as possible and would be vindicated by an analogious body.
   The truth shall set you free, and history shall justify me. (=


In Other News
   Kristy and I went to another party at Sarah Jones' place Saturday night. The theme was "ghetto" so Kristy and I got all ghettofied (archival footage of what it may have looked like). My camera is still out of commission but hopefully we'll pull some decent pictures off someone else's camera. I wore my wallet chain around my neck as "bling" and wore a a sideways baseball cap. Kristy wore a pink bandana on her head, lipliner without lipstick, and sagged her sweatpants (exposing her "rubber ducky" boxers). It was good times. Someone puked in her cup when she set it down (omgwtf?!). Eventually for unclear reasons the power went out (not due to the circuit breakers?) and everyone dispersed.


Picture of the Day


from the archives



Previously on Emosnail
   Two Years Ago Yesterday:
Recalcetrance in SGAO - SGAO refuses to do any work for the ASUCD Supreme Court ... Speculation that they might be found in Contempt of the Court.

aggienaut: (asucd)

   Its been more than a week now since I’ve had time to update this livejournal. Aside from being attributable to being shockingly busy, my internet is also to blame, as it has been down ever since I got back from San Fransisco this weekend (I’d been at a Model UN conference but I’ll get to that in due time).

   With ASUCD elections last week, this unusual busy-ness made me unable to write the pro and con for Constitutional Amendment #6 as planned. I was quite looking forward to it, because you see, I was slated to write BOTH the arguments of proponency AND opponency. I was planning on making some harsh personal attacks in the con argument (against myself as author of the pro argument).

   Additionally, an interesting event transpired during the election. I’m not sure how much opinion I can express on it at this time, as I might have appellate jurisdiction over any further decisions the elections committee makes on the subject, but I shall recount here for your consideration the basic facts of the case:

The Disqualification and Requalification of Mr Robert Roy - an objective recounting
   Expenditure forms are due a week before the election, in which one is to indicate all moneys they have expended on their campaign. Candidate Robert “Rob” Roy turned in an expenditure form that was complete except for some receipts which allegedly were lost when his backpack was stolen. Lacking these, Roy, indicated the costs that would have been reflected in the missing receipts as best he could. In investigating, the Elections Committee contacted the noted businesses and found that he had indeed indicated accurate expenditures. The Elections Committee probably would not have known there were missing receipts if Roy hadn’t himself indicated that there were.
   ASUCD Gov’t Code Section 112 (8) describes “falsifying expenditure forms.” Among the things that may be falsification it mentions “incomplete forms” in subsection A, for which they cited Roy. Subsection B states that if the Committee finds that a candidate falsified their expenditure form, depending upon the severity of the incident the Elections Committee may by unanimous vote disqualify a candidate.
   The Elections Committee announced on the second day of voting that Roy was to be disqualified under these bylaws. No reason was given for exerting the fullest severity of their discretion. The next morning shortly before results were to be announced, they met with the university legal counsel, and then announced that though they stood behind their earlier ruling, they were undisqualifying Roy because they “didn’t want to thwart the will of the students” or something. Roy won by the largest margin in known history.

   Relevant history: Last election, members of the Student Focus party were caught cheating by a number of people, and later found guilty by Student Judicial Affairs. The Elections Committee obstinantly refused to disqualify those involved.

   Questions to Consider: (1) Are the things listed as possible forms of falsification things that are necessarily always falsification or just possible forms of falsification? (2) Under what conditions would one expect the “discretion” to disqualify a candidate pursuant to this bylaw to be found in favour of disqualification? Under what conditions should the discretional disqualification not be exercised?

Note: The above really does seek to be accurate and objective. If one notices any inaccuracies, the friendly staff here at e.m.o.s.n.a.i.l. would love to rectify it.

Weekly Shadyness Rating
[Poll #446335]


Additional Commentary - commentary on things other than the merits of the disqualification
   (1) Whether or not one thinks the Committee was right in exercising its discretional ability to disqualify, I strongly believe they should have explained their reasoning. “Discretion” isn’t an invitation to make whatever arbitrary decisions one happens to feel like, discretion is leeway to define the conditions considered. (2) The reversal was not based on any kind of legal argument, merely the Elections Committee tried to make themselves sound like “the good guys” and imply they were benevolently bending the rules on Roy’s behalf. Whether or not one thinks the original disqualification was justified, and even if there WERE compelling reasons to reverse the disqualification (I’ll weigh in on these issues once the new senators are sworn in on Thursday), the Elections Committee should still not be bending the rules as they see fit -- they should strive to justify their actions by the rules, not by their own opinions.


Related
   This has come to be known as The Elections Committee Scandal - Though I think its only one of many "Elections Committee scandals," so I think a different name might perhaps be more apt.

March 2026

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