ASMSU 2018-B-11

 

Sponsor:         Scott Killian                                        Yes ____ No ____ Senators Present ____

Co-Sponsors: Ambika Murali                                   First Reading ______________________

                        Natalie Abbot                                     Second Reading ____________________

                        Will Horton                                        

                                                                                    __________________________________

Vote Necessary: A two-thirds majority                     ASMSU Senate Speaker

 

                                                                                    __________________________________

                                                                                    ASMSU President                 

Intent: Update the Constitution                  Effective Date _____________________     

 

XIV. JUDICIAL BRANCH

            The Judicial Branch of ASMSU consists of one body, herein known as the ASMSU Judicial Council Supreme Court.

 

                        Duties                                                                                                                         XIV-i

 

ASMSU Justices shall:

 

(a) Uphold the ASMSU Constitution and Bylaws;

(b) Interpret the ASMSU Constitution and Bylaws;

(c) Attend all meetings of the ASMSU Judicial Council Supreme Court. It is at the discretion of the ASMSU Chief Justice to decide if absences shall be excused or unexcused as outlined in the ASMSU Bylaws.

 

Powers                                                                                                                        XIV-ii

 

Judicial powers of ASMSU shall be vested in the ASMSU Judicial Council Supreme Court. All final appeals of ASMSU members shall be heard before the ASMSU Judicial Council Supreme Court as outlined in the ASMSU Bylaws.

 

                        Voting Members                                                                                                       XIV-iii

           

The voting membership of the ASMSU Judicial Council Supreme Court shall be comprised of a set number of ASMSU Justices outlined in the Bylaws. The ASMSU Senate may increase the membership of the ASMSU Judicial Council Supreme Court to be no greater than thirteen and decrease it to no fewer than five. A decrease in the composition of the ASMSU Judicial Council Supreme Court shall be done through attrition. Each ASMSU Justice shall have one vote.

 

Appointment                                                                                                             XIV-iv

 

ASMSU Justices shall be appointed by the ASMSU President, subject to confirmation by a majority two-thirds vote of the ASMSU Senate.

 

                        Term                                                                                                                         XIV-v

           

Following appointment, ASMSU Justices shall be permitted to serve as long as they remain an eligible ASMSU member.

 

Vacancy                                                                                                                     XIV-vi

           

In the case of vacancy, ASMSU Justices shall be appointed in the same manner as the initial appointment outlined in section XIV-iv.

 

  1. ASSOCIATED STUDENT POWER

 

Student Bill System                                                                                                  IV-v

 

Student bill forms will be made available by ASMSU. Completed bills shall be submitted to the ASMSU office. Upon receipt pf of the student bill form, the ASMSU Senate Speaker shall appoint an ASMSU Senator to work with the student sponsor on the bill, in order to write the bill. The appointed ASMSU Senator shall be responsible for finding the requisite number of ASMSU Senate sponsors for the bill.

 

VII. VICE PRESIDENT

 

Election                                                                                                                    VII-iii

 

The ASMSU Vice President shall be elected by MSU-Bozeman students as outlined in section VI-iii.

 

  1. LEGISLATIVE BRANCH

 

Powers                                                                                                                      IX-ii

 

Legislative powers of ASMSU shall be vested in the ASMSU Senate. Only the ASMSU Senate has the power to create new programs, to remove existing programs, and to establish or change the goals of any ASMSU organization. All final budgetary decisions are to be made by the ASMSU Senate. The ASMSU Senate has the right to overrule all budgetary recommendations.  The ASMSU Senate reserves the right to override the ASMSU President’s veto by a three-fourths majority vote at the next regularly scheduled meeting following the announcement of the veto.

 

Legislative powers of ASMSU shall be vested in the ASMSU Senate. Only the ASMSU Senate has the power to create new programs, to remove existing programs, and to establish or change the goals of any ASMSU organization. All final budgetary decisions are to be made by the ASMSU Senate.  



Voting Members                                                                                                       IX-iii

 

The voting membership of the ASMSU Senate is to consist of twenty voting ASMSU Senators. Each member shall have one vote. The ASMSU Senate Speaker shall vote only to break ties.  make or break a tie or where such vote could be the deciding vote.



  1. SENATE SPEAKER PRO TEMPORE

 

Duties                                                                                                                         XI-ii

 

The ASMSU Senate Speaker Pro Tempore shall chair the ASMSU Finance Board, Registered Student Organization Funding Board, and fulfill duties set forth by the ASMSU Bylaws. In the absence of the ASMSU Senate Speaker, the ASMSU Senate Speaker Pro Tempore shall assume the responsibilities of the ASMSU Senate Speaker.

 

XII. SENATE JUDICIARY COMMITTEE

 

There shall be an ASMSU Senate Judiciary Committee.

 

Appointment                                                                                                             XII-i

The ASMSU Senate shall appoint three ASMSU Senators to serve on the ASMSU Senate

Judiciary Committee by a majority vote. The ASMSU Senate Speaker shall chair the

meetings and vote only to break ties.

 

Duties                                                                                                                         XII-ii

The ASMSU Senate Judiciary Committee shall meet in order to review and submit updates to the ASMSU Constitution and Bylaws as needed. In the instance of a Judicial Council Supreme Court ruling, the committee shall submit proposed legislation to the ASMSU Senate.

 

  1. CHIEF JUSTICE

 

Appointment                                                                                                             XV-i

There shall be an ASMSU Chief Justice appointed from the membership of the ASMSU

Judicial Council Supreme Court by the ASMSU President, subject to confirmation by a majority vote of the ASMSU Senate.

 

Duties                                                                                                                         XV-ii

The ASMSU Chief Justice shall:

(a) Chair meetings of the ASMSU Judicial Council Supreme Court;

(b) Chair meetings of the ASMSU Senate during hearings regarding impeachment and

(c)  removal of ASMSU Officials of the Executive Branch and Legislative Branch;

(dc) Hold custody of the current and all previous versions of the ASMSU Constitution and Bylaws;

(ed) Deliver the Oath of Office to all incoming ASMSU Officials of the Executive Branch and Legislative Branch;

(fe) Fulfill duties set forth in the ASMSU Bylaws.

 

XVI. APPOINTED OFFICIALS

 

Appointees shall not be empowered to act in their designated capacity until the ASMSU Senate has confirmed the appointment by a majority vote. Further duties of all appointed Officials as are outlined in the Bylaws.

 

XVIII. FISCAL POLICY

 

General                                                                                                                    XVIII-i

 

The ASMSU Senate shall oversee the expenditure of ASMSU funds with the advice and

recommendations of the ASMSU Finance Board. No expenditures shall be made from these funds for purposes outside the legitimate activities of ASMSU.

 

Finance Board                                                                                                        XVIII-ii

 

The Finance Board may recommend any fiscal, operational, or management change to any budget or request. It shall be the function of the ASMSU Finance Board to review all

financial requests made of ASMSU in accordance with the Bylaws.

 

Term                                                                                                                          XVI-iii

 

ASMSU Finance Board members shall serve a term of one year, coinciding with the

academic year.

 

Funded Organizations                                                                                          XVIII-iv

 

In order for an organization to receive funds annually from ASMSU, the organization must be a recognized operation of ASMSU.

 

Senate Fiscal Powers                                                                                             XVIII-v

 

If the ASMSU Senate wishes to override a Finance Board recommendation for existing

ASMSU organizations, or fund an entity without a Finance Board recommendation, they

must do so by a two-thirds majority vote of the ASMSU Senate. The ASMSU Senate has the right to make all final budgeting decisionsoverrule all budgetary recommendations.

 

 

 

 

  1. CONSTITUION CONSTITUTION


Amendment by referendum                                                                                    XX-i

Any member of the ASMSU Senate may propose amendments to this Constitution. If passed by a two-thirds majority vote of the ASMSU Senate, then the proposed referendum shall be submitted to MSU-Bozeman students at the next general election to be voted upon.

Amendment by initiative                                                                                         XX-ii

MSU-Bozeman students may propose amendments to this Constitution by an initiative as

outlined in section IV-ii.

Enactment                                                                                                                 XX-iii

If ratified by a majority of MSU-Bozeman student voters, the amendment shall become a

part of this Constitution effective immediately.