ASUN Senate Report 74-25

74TH SESSION
2006–2007 } ASUN SENATE { REPORT

74–25
PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE

ASSOCIATED STUDENTS OF THE UNIVERSITY OF NEVADA
JANUARY 19, 2007—Reported to the Senate and ordered printed
Mr. MCDONALD, from the Committee on Rules and Actions,

submitted the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany CA-0607-A]
The Committee on Rules and Actions, having had under considera-

tion CA-0607-A, by a record vote, report the same to the Senate with
the recommendation that the constitutional amendment be agreed to.
CONTENTS
Background and Context ........................................................................................... 1
Green Application for Member At Large Status ...................................................... 3
Additional Views ........................................................................................................ 21
Additional Views of Sen. Ben Hansen ...................................................................... 21
Additional Views of Sen. Alex Gevedon .................................................................... 22
Additional Views of Sen. Joe Perreira ...................................................................... 23
Additional Views of Mr. Greg Green, Member at Large .......................................... 24
Additional Views of Sen. Kim Knudson .................................................................... 27
Appendix: Various Tables .......................................................................................... 28
BACKGROUND AND CONTEXT

The Committee on Rules and Actions presents this constitutional
amendment with one goal in mind: to make a better, more responsive,
more responsible government for the members of the Associated Stu-
dents of the University of Nevada.
On December 6, 2006, the Senate passed the Constitutional Revi-
sion Committee Reform Resolution of 2006. In passing that resolu-
tion, the Senate found that “The Constitution of the Associated
2
Students has proven to be inadequate in many provisions that re-
quire substantive and responsible revision.” Further, the Senate also
stated that “members of the Association should be involved in making
revisions and the process should be open to members of the Associa-
tion who are not Senators.” (RS-0607-10, §2(a))
To carry out those findings and purposes, the Resolution authorized
the Rules and Actions Committee to accept applications for members
to become members at large, with or without voting rights, during the
Committee’s consideration of constitutional amendments. The Com-
mittee made public announcement of these openings via the ASUN
Web site and through e-mail. The Committee received one applica-
tion.
Also on December 6, the Senate amended the membership of the
Committee during the winter break. Senator Johansen and Hoge-
Peters asked to be removed from the Committee during winter break.
Senator Hansen asked to be added to the Committee. Senator
Knudson asked to be added to the Committee, with membership dur-
ing one week suspended. The requests were granted by unanimous
consent.
Pursuant to the authority granted by the Resolution, the Commit-
tee met on December 22, 2006 and voted unanimously to appoint Mr.
Greg Green as a member at with voting rights. Mr. Green’s applica-
tion follows.
3
GREEN APPLICATION FOR MEMBER AT LARGE STATUS

4
5
6
After appointing Mr. Green on December 22, the Committee pro-
ceeded to set its schedule for its time during winter break. The Com-
mittee set January 2, 2007 as the day to begin consideration.
Members were instructed to read the existing constitution and high-
light problem areas.
The Committee also set January 10 as the deadline for Senators to
present to the Committee their proposals for amendments. This dead-
line was requested to allow the Committee to consider proposed
amendments it the broader context of its work. The Committee re-
ceived few proposals.
January 17 was set as the soft deadline for the Committee’s work.
The Committee planned to have most of its work completed by this
date. January 19 was the date set to report the Committee’s proposal
to the Senate.
SUMMARY OF PROCEEDINGS
The following sections will summarize the proceedings of the Com-
mittee. It by no means is a comprehensive record of the Committee’s
deliberations. The most complete information can be found in the au-
dio recordings of the Committee. Those recordings will provide the
most complete picture as to the Committee’s specific debates.
SUMMARY OF INITIAL CONSIDERATION ON JANUARY 2
The Committee met on January 2 to review the current constitu-
tion for internal consistency and clarity. The Committee found con-
siderable errors of a substantive nature, as well as technical in
nature. For example, the Constitution makes reference in several
places of the now-defunct Grievance Board. Also, Sections 420 and
430 contemplate two different chairpersons for the Clubs and Organi-
zations Board.
After this review, the Committee proceeded to think big and out-
side of the box. The Committee’s discussions quickly centered on the
executive branch of government. The Committee discussed as it is
now, the budget process is not very balanced in a sense of separation
of powers. There is no distinct executive budget process and legisla-
tive budget process. It is one and the same. This stems from a feeling
that the Fiscal Allocations Board and the Senate are not really oper-
ating as two branches of government. The Fiscal Board is an execu-
tive branch board, but it has a legislative function.
The Committee decided it would look closely at Section 260, which
requires the actions of the boards to be approved by the Senate before
they have any force and effect. In an e-mail to the Senate on January
3, the Chairman wrote:
We believe that neither the Senate nor the boards need to
be burdened with having to first get a budget enacted only
then to have every act of spending scrutinized by the Senate
again. At the very least, this will change. How that looks
with respect to both branches of government, we do not know
yet.
7
The Committee also considered reforming the number of elected
executive officers, something the Committee knew to be a contentious
issue. As the Chairman explained in an e-mail on behalf of the Com-
mittee:
The executive branch right now does not function as a hi-
erarchy. Four executives (excluding the office of the speaker
from this discussion) independently get elected to office at
this point. They all get elected on their own platforms and
many times they have differing, downright conflicting ideas
for how the government should operate. This makes the
president entirely powerless and a minimized figure in the
government. By changing the fundamental structure of the
executive branch by providing for two elected executives, a
president and a vice president, it would ensure that the
president’s vision and leadership are accentuated, not
drowned out.
This would necessitate filling in the new holes in the gov-
ernment’s structure. For example, it is clear that there would
need to be an executive apparatus to consider clubs’ petitions
for recognition and funding. There would need to be a pro-
gramming apparatus as well. We would accomplish that by
creating a president’s cabinet filled with the directors and
leaders of each part of the executive structure: programming,
clubs, fiscal, publications, other services and programs. Each
part of the ASUN’s non-legislative functions would be under
the executive’s purview. These cabinet officials would be
nominated by the president and confirmed by the Senate. In
the executive branch, what the president says, the president
gets, within certain bounds, of course.
The Committee met the next day to continue its discussions.
SUMMARY OF CONSIDERATION ON JANUARY 3
The Committee met the next day to continue consideration of the
executive branch. The Chairman’s e-mail summarizing that day’s
work follows.
We all work hard, but no single individual within the gov-
ernment of the Associated Students has as much work to do
and works to do so much more than the president of the As-
sociated Students. The person who is elected to this office is
charged with administering the affairs of the Associated
Students. The person elected to the office is the chief execu-
tive of the Association. The students have placed a great deal
of trust and responsibility in the hands of this individual.
But for the Committee on Wednesday, one question domi-
nated the focus: Does our Constitution provide the mecha-
nisms to let the president be the president, to be chief
executive, to be the leader of the government? Our answer
was somewhat mixed. With the presidency, an answer to
that question should not be confused; it should be very clear.
8
Our discussions yesterday centered on the structure, func-
tion and operation of the executive branch of government. In
examining the executive branch, we discussed what works
well for that branch, and what needs improvement. We came
to find that with little exception, our president has very little
independent executive power. In looking at our current con-
stitution, the president has very few independent powers
delegated to him. He has the veto power over Senate actions,
he is the chairman of the Fiscal Allocations Board, he is
granted privileges to sit ex-officio on all boards and commit-
tees (with some exception), but what direct control does he
have over the rest of the executive branch? The answer is
very little.
The president shares the executive branch with three
other elected executive officers and an appointed senator-
executive, the speaker of the Senate. The president does not
have appointment powers without having to share them with
other members of the government, or the entire Senate. He is
not a true chief executive as he is unable to mandate his vi-
sion within his own branch of government. We will consider
and propose amendments to reinvigorate the office of the
president with a newfound sense of leadership by providing
mechanisms and powers for the president to be the leader of
the government.
The Committee received testimony from President Cham-
pagne on these very issues. He shared with us his sense that
the president’s hands are tied in many areas and that he has
felt, in his two terms in office, that he isn’t an executive so
much as an administrator. The president often gets bogged
down in minutiae and is unable to be visionary. One idea
that was proposed is to establish a cabinet for the president.
The cabinet would exist to assist the president discharge the
responsibilities and duties of his office. In other govern-
ments, the president gets to nominate for appointment the
people he wants, but not in ours. In fact, it’s quite the oppo-
site.
A restructure of this magnitude will require many hours of
debate, and that is what will happen in Committee and the
Senate. Today the Committee is to begin considering specific
language to execute the goal of making the executive more
relevant and more powerful where appropriate. When the
Committee has specific language before it for consideration, I
will make senators aware of the language so they can pro-
vide feedback. While it is great to know about the ideas being
considered, the specific language is what is really important.
We continue to pledge to keep open minds and to consider
everything before us.
SUMMARY OF CONSIDERATION ON JANUARY 4 AND 5
The Committee met on January 4 to consider the plans of three
members with respect to the executive branch. After reviewing the
9
three plans, which varied considerable with respect to structure and
language, the Committee decided it would be best to vote on points
that should be in the executive branch as senses of the Committee.
This was done to help guide the Committee’s consideration.
Over the meetings on January 4 and 5, the Committee unani-
mously agreed to the following points:
The executive branch shall have a president and a vice
president who are elected by the people.
The president is to be elected by a majority of the students.
The qualifications shall be substantively similar to those
currently codified in the current constitution.
An executive cabinet shall be provided for.
The president shall be the chief executive of his branch,
and there shall be a separate legislative branch with appro-
priate checks and balances and a clear separation of powers.
The president shall present a budget to the Senate.
There shall be a definite course for succession to the presi-
dency.
The president’s compensation shall be neither increased
nor decreased during his term.
There shall be a constitutional oath of office.
A course of action providing for the disability of the presi-
dent.
A requirement to give to the Senate information on the
state of the Association.
To appoint justices with consent of two-thirds of the Sen-
ate.
To appoint all other officers with Senate confirmation and
as otherwise provided by law.
Provisions regarding impeachment are to be included.
Requirement that the president take care that the laws
are executed.
After the meeting on January 5, members were instructed to de-
velop language that would carry out the sense of the Committee with
respect to the executive branch.
SUMMARY OF CONSIDERATION ON JANUARY 9 AND 10
The Committee met on January 9 and 10 to continue consideration
of the executive branch and to begin consideration of the legislative
branch. The Chairman’s e-mail on January 11, in summary of those
days, provides a good summary of the proceedings.
Yesterday we received the input from President Cham-
pagne, Vice President O’Brien and others on a number of is-
sues. With respect to the plan attached, Jeff and Lauren
agree wholeheartedly that the approval process for budget
requests for programming is too cumbersome. For example,
the Senate appropriates funds in a master budget at the be-
ginning of the year. Then, for each program, the program-
mers must come back to the Senate to receive approval for
10
each line item, no matter how insignificant. The plan the
Committee is working on solves that inefficiency.
They both support the plan to provide for more executive
appointments, as well. Lauren cited as an example the posi-
tion the programmers would be in if an inexperienced pro-
gramming vice president was elected. She said it would
compound the problems they already face with a whole new
slate of inexperienced programmers at the beginning of the
term.
Jeff especially likes the fact that the Committee’s plan cre-
ates more of a hierarchy within the executive, which is some-
thing that is not the case now.
We are continuing to work on the legislative branch today,
but the direction we are going indicates that we will not be
making many changes. For example, the size and appor-
tionment by college of the Senate will not change.
I know some, if not many, of you are wondering if there
really are problems that the plan we are working on will
solve. While there are some big structural issues at play, we
believe it should be viewed in a different way. Right now the
ASUN is good, good in the sense that things work okay, the
government has never really ground to a halt—things are
just okay. We believe that our plans and our work will help
take us from good to great.
After hearing the input from Vice President O’Brien and President
Champagne, the Committee voted to set as its foundation a plan des-
ignated “Committee’s Executive Draft Plan No. 1A”.
SUMMARY OF CONSIDERATION UP TO JANUARY 16
By January 16, the Committee had settled on a structure for the
legislative and executive branches of government. Some of the details
were not yet worked out, but the fundamentals were in place. This
plan was designated “Committee’s Plan Draft No. 1”.
SUMMARY OF CONSIDERATION THROUGH JANUARY 19
Between January 17 and 19 the Committee settled on specific lan-
guage for the entire document and voted on specific language when
there was disagreement among the member as to what should be in-
cluded. By January 17, the Committee settled on a plan designated
“Committee’s Plan Draft No. 3”. On January 18, the plan, after some
amendments, was designated the “Committee’s Plan”.
The Committee, on January 19, reported its plan, with a few minor
adjustments, as CA-0607-A.
SECTION-BY-SECTION ANALYSIS OF THE COMMITTEE’S PROPOSAL
The following is an analysis of the content of each section of the
Committee’s reported constitutional amendment. Also included is a
summary of the Committee’s arguments in support of each section.
11
Preamble
The preamble sets a thematic statement of the purposes of the As-
sociation. While not necessarily binding on the government’s activi-
ties, it does lay out the common themes behind the Association and
why it is formed.
The Committee, when it began considering the purpose of the Asso-
ciation, quickly realized that the text contained in the current consti-
tution at Art. I, sec. 110 was simply inadequate to distill in as few
words as possible the purpose and goals of the ASUN and its govern-
ment.
One key element that the Committee found to be missing was the
clear sense that the purpose of forming ASUN in the first place is to
represent the interests of students. The Committee quickly settled on
language to that point. The Committee recognized that another pri-
mary purpose of student government on our campus is to participate
in a model of shared governance. To that end, language was included
to state that goal and obligation of student government. Finally, the
Committee agreed that a preamble should state in some manner the
duties of students on the campus to be exercised through their repre-
sentatives.
The Committee also recognized that we are not establishing a new
student government; we are establishing a more perfect student gov-
ernment. By ratifying a constitutional amendment that has the effect
of creating a new constitution, we are in effect creating a more perfect
association.
The preamble is a statement made by all of the students in forming
the Association; it is not a statement from the government passed
down to the students. This is important to understand for one pri-
mary reason, as Thomas Jefferson best articulated in the Declaration
of Independence: “Governments are instituted among Men, deriving
their just powers from the consent of the governed”. A student gov-
ernment is established because the students want their interests rep-
resented, and the best way to do that is through an organized system.
To forget why we exist is to forget that the students put us here.
In the end, the Committee agreed to the following language:
WE, THE UNDERGRADUATE STUDENTS OF THE UNIVERSITY
OF NEVADA, in order to form a more perfect association, ad-
vance our interests, set forth our duties, and provide for
meaningful participation in the governance of our Univer-
sity, do hereby establish this Constitution for the Associated
Students.
The Committee spent more time on this paragraph than any other
single item in the constitution. We believe that when boiled down to
its raw elements, this preamble states well what this student gov-
ernment is for in terms that will be able to adapt with the times.
Article I
Article I lays out the basic elements of the Association, including its
official name, requirements to hold office, and certain other elements
12
that apply to all branches of government that belong together and not
in each branch’s language.
Most of the elements in Art. I are taken directly from the current
Art. I with some reworded language, mostly to make things more
clear.
Sec. 1 sets the Association’s official title as the “Associated Stu-
dents of the University of Nevada, Reno”. Because the official name of
the University is set by state law and Board of Regents policy (as
much as we true Nevadans may dislike) is the University of Nevada,
Reno. As such, our Association must so be named. We could try to
submit a document to the Regents that omits the “, Reno”, but they
would simply change it.
However, we make clear in the same section that our common
names are the Associated Students, the Association, and ASUN (not
ASUNR). This language has proved adequate in the past to satisfy
the Regents on this point. It allows us to call ourselves what we want
to be called and to keep the Regents happy.
Sec. 1(a) provides that membership in the Association is automatic
for any person registered for at least one undergraduate credit. No
change has been made from the existing constitution. In making this
determination, the Committee is of the opinion that only under-
graduate classes paying fees in support of the Association shall qual-
ify under this subsection.
Sec. 1(b) provides that members of the government must have a
minimum 2.5 cumulative GPA, be enrolled in seven undergraduate
credits, and not be under any university probation, suspension or ex-
pulsion. The Committee inserted the word “cumulative” to the GPA
requirement to clarify that it is not the semester GPA that is to be
used to determine eligibility. The last clause, regarding university
discipline, was inserted to clarify that the University may determine
eligibility to participate in extracurricular activities—student gov-
ernment among them—according to its policies as well as our own.
The Committee also decided to eliminate the disparity in GPA
standards between the elected and appointed members of the gov-
ernment. The Committee found no substantive reason to set the two
requirements differently as both elected and appointed members, un-
der the Committee’s plan, will be in a position of significant public
trust.
Sec. 1(c) sets the election date and date elected persons take office.
No change was made.
Sec. 1(d) prohibits a member of the government from holding more
than one elected or appointed position. Under the existing constitu-
tion, the prohibition applies only to elected positions. Under that
model, it is constitutional for a justice to be a senator, for a senator to
be an executive, for an executive to be a justice, and so forth. So long
as no person is elected to two offices, there is no constitutional prob-
lem. The Committee recognized that this presents many problems.
Sec. 1(e) states that the elected members of the government will re-
ceive a compensation to be set by law. Any increase in compensation
will take effect after the next intervening general election, which
13
shall be subject to approval by a majority vote of the students voting
in the election on that question.
This subsection maintains the same elements of the existing consti-
tution with respect to the elected officers’ pay. The Committee consid-
ered doing away with the vote of the students, but decided to keep it
the same. The Committee decided that a change of this provision
would prove to be too contentious to allow the remainder of the docu-
ment to pass.
Sec. 2 sets a new requirement in the constitution that all elected
and appointed members of the government must take an oath to sup-
port the constitution before they take office. As is now, we take an
oath by tradition but it has no power of law. The oath will be set by
law.
Sec. 3 relocates a provision previously at Sec. 640. This is a re-
quirement of the Board of Regents and we must include the language
in our document.
Article II
Article II sets the legislative functions of the government. Most of
the fundamental structural elements of the existing constitution re-
main intact.
Sec. 1 establishes a Senate, which will have all legislative power.
Sec. 1(a) sets the size of the Senate to no more than 22 and the
terms of office at one year.
Sec. 1(b) sets the requirements for how the Senate is to be appor-
tioned. There are no departures from the existing document.
Sec. 1(c) creates a new requirement that senators be members of
the college from which they are elected. As is now, an argument could
b e made that it is constitutional for a business major to be elected
from the School of Medicine. This is an instance of conforming the law
to established practice.
Sec. 1(d) states how the Senate is to handle vacancies in its own
body. The only change is that when one-third of the Senate is vacant,
special elections are to be held to fill the vacancies. The Committee
felt it necessary to provide for the special elections because when a
significant minority of seats is vacant, the student’s choice is more
important than expediency in filling a single seat.
Sec. 1(e) states that the Senate has the power and duty to select its
speaker and other officers. The Committee felt that rather than codify
in the constitution the powers and duties of the speaker, the Senate
should decide that by rule.
Sec. 2 provides for procedural elements of the Senate.
Sec. 2(a) grants the Senate the power to judge election disputes for
its own seats. The Committee found that when a dispute arises in an
election for one of the people’s representatives, the officials closest to
the people should decide the issue.
Sec. 2(b) sets the quorum for the Senate at two-thirds of the mem-
bership, no change from the existing document.
Sec. 2(c) grants the Senate broad power to set rules and to disci-
pline its members for misbehavior. The only limitation on this power
14
is that when expulsion is considered, it requires the concurrence of
two-thirds of the senators present to implement.
The companion clause to this part in the old constitution was a
point of great contention for the 74th Session of the Senate. It was
viewed by many to be inadequate to allow the Senate options in disci-
plining its own. This language removes the possibility of binary or
exclusive interpretation by not contemplating certain types of pun-
ishment, except to state that expulsion is the one imposed, it must be
done by a supermajority.
Sec. 3 sets the powers and duties of the Senate.
Sec. 3(a)(1) provides that the Senate has broad authority to make
law for the government.
Sec. 3(a)(2) grants the Senate the power of the purse. It prohibits
money from being spent without appropriation. The paragraph also
requires the government to make a public accounting of its spending
annually, something we are required to do now by the Board of Re-
gents.
Sec. 3(a)(3) grants the Senate the power to set policy with respect
to the recognition of organizations. Right now the Senate has the
power to recognize.
Sec. 3(b) sets limitations on the Senate’s power. As a matter of con-
tract law, we cannot rescind contracts once they have been signed.
Under University and System policy, we do not have direct authority
over administrative faculty salaries and positions. Even without the
language in the constitution, those two things we still cannot do.
Sec. 4 deals with the legislative process and the authority of the
president in that process.
Sec. 4(a) states that every bill that passes the Senate must be pre-
sented to the president for his or her action. This is an implied re-
quirement in the current constitution.
Sec. 4(b) grants the president veto power.
Sec. 4(c) grants the Senate the override power of a veto by a two-
thirds vote.
Sec. 4(d) limits the time in which the veto power can be exercised to
five working days after presentment. Absent action, bills become law.
Sec. 4(e) establishes a line item veto power with limitations. The
Committee believed that this power should only be used on items of
appropriation and not on other legislation. To allow that would allow
the president to legislate through acts of omission. The provisions of
this subsection allow for Senate reconsideration.
Sec. 5 deals with the impeachment powers of the Senate.
Sec. 5(a) grants the power of impeachment to the Senate, and only
to the Senate. The power of impeachment, the Committee finds,
should rest only with the legislative branch. Given its historical con-
text and universally understood meaning throughout all governments
in the United States, impeachment is a checking tool of the legislative
on the executive and judicial branches of government. To give this
power to another branch would be unacceptable. As is now, the Ex-
ecutive Council has unqualified veto power over even an investiga-
tion. Without their express approval, nothing with respect to
15
impeachment can ever happen. This presents grave separation of
powers concerns.
Sec. 5(b) grants the Senate to try impeachments. When sitting for
that purpose, senators act essentially as jurors, and will be required
to be on an oath or affirmation to that effect (to do impartial justice,
etc.). The proposed language sets the Chief Justice as the presiding
officer over the trial phase of impeachment when executive officers
are being tried. The Vice President is to preside when justices are be-
ing impeached. Conviction requires a two-thirds vote instead of the
three-fourths vote in the existing constitution.
The reason the Committee decided to change who presides over the
Senate in cases of impeachment from the entire Judicial Council to
the Chief Justice and Vice President in their respective categories of
cases is a committee cannot preside effectively over the Senate. Fur-
thermore, the Vice President is to preside over judicial impeachments
to limit the effects of a possible conflict of interest when the President
is being tried with his appointee for Chief Justice presiding.
Sec. 5(c) limits the extent of punishments for impeachments. Pun-
ishment cannot extend beyond disqualification to hold any other of-
fice under the ASUN. There is no change from the present
constitution.
Article III
Article III contains the provisions regarding the executive branch of
government.
Sec. 1 establishes the offices of the President and Vice President.
The executive power is vested in these officials. They are to be elected
together for a term of one year. This is one of the more significant
structural changes the Committee is proposing. The primary reason
is the executive branch as currently structure does not function in a
hierarchical structure. The President’s vision and ability to act is se-
verely limited when he is required to share duties with three other
elected executive officers. There is also potential for executives to be
elected who share little in common. This could lead to disunities in
the executive branch.
Sec. 1(a) sets additional eligibility requirements for executive offi-
cers. No changes were made to the current eligibility requirements
for the executive officers. The Vice President would have the same
requirements as the Executive Vice President.
Sec. 1(b) sets a requirement that the President receive a majority of
the votes cast to be elected. Currently this requirement is not in ei-
ther the constitution or statute. The Committee strongly believes that
the chief executive should receive a majority of the votes cast to be
elected in order to prevent a plurality winner, in which case a major-
ity of voters have voted for another candidate.
Sec. 1(c) provides for the vacancy of the presidency. In the case the
office of the President is vacant, the Vice President becomes Presi-
dent. When the vice presidency is vacant, the President selects a
nominee to be confirmed by the Senate by a two-thirds vote. This sub-
section also allows the Senate to set the succession order to the presi-
dency beyond the Vice President.
16
Sec. 1(d) grants the President the ability to temporarily transfer
power to the Vice President in the case of a disability. This is needed
to allow the executive branch to function when the President is not
able to execute the duties of his or her office.
Sec. 1(e) prohibits the President’s compensation from being either
increased or decreased during the term. This is being proposed be-
cause it prevents the Senate from using the President’s compensation
as a political tool.
Sec. 1(f) sets the constitutional oath of office for the President. The
President must take the oath before entering into office. Currently
there is no constitutional oath for the President (or any officer for
that matter). The oath of office has significant symbolic value, espe-
cially for the presidency.
Sec. 2 delineates the powers and duties of the President.
Sec. 2(a) grants the President the power to enter into agreements
on behalf of the Association. It also grants the Senate the ability to
regulate this power through law. This is a typical executive function
common among many student governments.
Sec. 2(b) is the President’s power of appointment and the Senate’s
power of confirmation. Confirmation requires a two-thirds vote of the
Senate. This clause also allows the Senate to by law grant sole ap-
pointment authority to the President, inferior officers in the executive
branch, and to the judicial branch.
Sec. 2(c) grants the President recess appointment power. When the
Senate is not in session, the President can fill vacancies that may oc-
cur without Senate approval. These appointments lose effect when
the Senate reconvenes.
Sec. 2(d) is a duty of the President to give to the Senate information
on the state of the Association. It also grants him the power to rec-
ommend measures to the Senate for consideration. This codifies an
element of statute into the constitution.
Sec. 2(e) requires that the President submit a proposed budget to
the Senate.
Sec. 2(f) allows the President the ability to call the Senate into ses-
sion on extraordinary occasions. This power is vested now with the
Executive Council.
Sec. 2(g) is a requirement that the President ensure that the laws
be faithfully executed.
Sec. 3 states that the President and all other executive officers are
subject to the impeachment, conviction and subsequent removal from
office for malfeasance, failure to discharge the powers and duties of
the office, and other offenses. Removal from office is automatic upon
conviction. This is functionally similar to our existing constitution.
Article IV
Article IV deals with the judicial branch of government.
Sec. 1 vests the judicial authority of the ASUN in a Judicial Council
Sec. 1(a) sets the number and terms of office for the justices. It es-
tablishes a chief justice and four associate justices who serve terms of
two years. This is the same as the current constitution with the ex-
ception the office of associate chief justice has been eliminated. It was
17
viewed to be unnecessary and something the Senate or the Council
could establish through a seniority ranking.
Sec. 1(b) lists the additional qualifications required to be a justice.
A justice must have junior standing (60 credits) and have been a
member of the Association for two consecutive semesters. No change
is made from the current requirements.
Sec. 1(c) requires that justices be in good disciplinary standing with
the University in order to serve. No change is made from the current
requirements.
Sec. 1(d) prohibits justices from holding any other office within the
ASUN while serving as a justice. The Committee believed that being
able to hold any other office would cloud the administration of justice.
Sec. 1(e) provides that justices’ compensation cannot be decreased
while they hold office. This is to prevent the government from de-
creasing judicial pay as a political means to influence the Council.
Sec. 2(a) sets the jurisdiction of the Council to all cases arising un-
der the constitution and the laws of the ASUN. Currently no jurisdic-
tional statement like this exists in the constitution. It is needed to
clearly establish the Council’s authority to act as a judicial body.
Sec. 2(b) grants the Council the power to adjudicate claims ques-
tioning the constitutionality of the acts of the Senate, President or
any other member. This is similar to existing language.
Sec. 2(c) grants the Council the power to interpret acts of the Sen-
ate. This is similar to existing language.
Sec. 2(d) grants the Council the power to reapportion the Senate
when it does not do so.
Sec. 3(a) sets the quorum of the Council at a majority of the mem-
bership. With only one exception, the quorum is now set at all five
members, which makes it functionally and practically difficult for the
judicial branch to function when just one member is unable to attend.
This is simply unacceptable that the administration of justice can be
stalled by the actions of one person.
Sec. 3(b) is a protection against possible abuses by allowing a valid
decision to be rendered with a quorum present (i.e. a 2-1 vote). This
subsection requires that decisions of the Council have the concur-
rence of three members to be effective.
Sec. 3(c) grants the Senate the ability to set law related to the op-
eration of the Council. The Senate can delegate that authority di-
rectly to the Council.
Sec. 3(d) requires that the Council follow the provisions of the Ne-
vada System of Higher Education Code when applicable. This is a
requirement that is already in the constitution.
Sec. 4 provides that justices are subject to impeachment the same
as are executives.
Article V
Article V deals with the amendment process, recall elections, and
popular initiative and referenda.
Sec. 1 deals with amendment. The only change proposed is to
eliminating the requirement that one percent (of the 10 percent) of
18
the signatures gathered be from each college or school. The Commit-
tee found this requirement to be unnecessary.
Sec. 2 sets the procedures for recall elections. A technical change
was made to the current document (stating that the signatures of the
number of voters who voted instead of the signatures of a certain
number of those who voted). The most substantive change to these
procedures is to the vote required to recall an official. The Committee
proposes setting that number at a majority of those who vote in the
recall election, instead of the two-thirds of those who signed the recall
petition as is the case now.
This would serve to prevent a tiny, tiny number of people from re-
moving a person from office. Take this as an example (under the cur-
rent constitution): A race had 100 people vote. The Constitution
requires that half of those who voted sign a petition to qualify the is-
sue for the ballot, or 50 people. Of those 50 people, only two-thirds of
them are required to recall an official, or 34 people—no matter how
many people vote the other way.
The Committee’s proposal sets the number in relation to how many
people actually vote, and not in relation to how many people sign the
petition. The reason for setting it at a majority is to prevent a minor-
ity from obstructing the will of the majority.
Sec. 3 sets the procedures for initiative. Similar technical correc-
tions were made to this section. The number of votes required to
adopt an initiative which qualifies for the ballot is a majority. Again,
this was done to prevent a minority from preventing the majority’s
will from taking effect. Initiative cannot be used to repeal prior ac-
tions; that is what referenda are for.
Sec. 4 deals with referenda, or popular ballot measures that seek to
repeal statutes. The provisions of this section are substantively the
same as initiative.
Article VI
Article VI contains the implementation clause, which states that
the document shall supersede the present constitution when ratified
by the students and approved by the Board of Regents. This is similar
language that existed from 1990 when the document was last
amended (essentially re-ratified through amendment).
CONSTITUTIONAL AUTHORITY STATEMENT
The Committee finds that the Constitutional authority for this leg-
islation is provided in Article VI, section 600, clause 1, which grants
the Senate the authority to propose amendments to the Constitution
of the Associated Students of the University of Nevada.
19
NOTES ON PROCEDURE
The ASUN Constitution mandates a specific procedure for the pro-
posal, adoption, ratification and assent of proposed constitutional
amendments.
The ASUN Constitution at Article VI reads:
Section 600 Amendment of this constitution shall re-

quire the following procedure:
600.1 Proposal by a two thirds (2/3) vote of the
Senate membership, or
600.2 Proposal by a petition signed by ten percent
(10%) of the ASUN membership, with at
least one percent (1%) of the signatures from
each college; and
600.3 Approval by a two thirds (2/3) affirmative
vote of those voting in the ASUN general
election.
600.4 Approval by the University and Community
College System of Nevada Board of Regents.
CONCLUSION
The Committee firmly believes that our proposal more than any-
thing else will allow for a more responsive and adaptive student gov-
ernment. We are here to serve the interests of the roughly 12,000
undergraduate students on this campus.
Further, this proposal restores the separation of powers doctrine
upon which many successful governments have been built, both stu-
dent governments, and state and national governments. This docu-
ment will let the President be President and let the Senate be a
Senate without burdensome unnecessary limits on flexibility.
A constitution should not unduly tie the hands of government in be-
ing able to adapt to changing times. But a constitution should lay out
the basic framework required to establish a government. We believe
that this document accomplishes our goals.
We are confident that when one takes the time to sit down and ac-
tively try to understand what we are trying to do, one will become a
supporter of this plan because it will allow the Associated Students
enter into a grand new era of new possibilities, challenges and oppor-
tunities. We ask that the Senate agree to, and thereby propose to the
students for their consideration in the general election, the constitu-
tional amendment proposed in this report.
We also further present the following incidental and supplemental

resolution.
Resolved, That it is the opinion of this Committee, that as soon as
the Senate has received notice that the Board of Regents has as-
sented to the Constitution as ratified by the students voting in gen-
eral election, the Associated Students represented in Senate should
20
fix the time for commencing proceedings under this Constitution, and
should, without delay, proceed to execute this Constitution as the
Senate may be law direct, pursuant to the Constitution.
SEAN MCDONALD, Chairman.
JOE PERREIRA, Vice Chairman.
ALEX GEVEDON.
BEN HANSEN.
KIM KNUDSON.
GREG GREEN.
21
ADDITIONAL VIEWS
ADDITIONAL VIEWS OF SEN. BEN HANSEN

In the course of University events it is sometimes necessary to mod-
ify the political bands which have constricted the government of the
Associated Students. Presently, there is one identifiable band which
has constricted us beyond measure: the Constitution. It is for this
reason that, over the winter break, the Rules and Actions Committee
has diligently worked to present to the Senate and to the students a
new document that respects the tradition and thought of past gov-
ernments, retains essential and beneficial constitutional structures,
and modifies insufficient or detrimental effects of the current consti-
tution. I am confident that the Committee’s Plan has fulfilled those
goals.
The constitution under which our current student government is
working is now outdated. Undoubtedly, when the current document
was created it was useful. But since then our University has grown
and changed substantially. The old standards no longer work and of-
tentimes hinder us in our work. One need only look at the recent dis-
ciplinary proceedings and issues facing campus programming to
understand this. It is abundantly clear that in our current situation,
as well as the place to which the Associated Students and the Univer-
sity is heading, the present constitution hurts more than it helps, vio-
lating a number of even the most basic principles upon which
representative government rests. The Committee’s Plan addresses
these glaring insufficiencies of the present constitution.
Whatever your feelings are regarding the Committee’s Plan, I ask
you to come to the Senate table with an open mind and a willingness
to hear the Committee’s thoughts. Four senators and one member of
the public gave up almost the entirety of their winter break writing
the Plan. Many other executives, administrators, and other audience
members also dedicated scores of hours informing and advising the
committee. Literally hundreds of man-hours were dedicated to this
cause to bring to the Senate a plan that the Committee is very proud
of. I love the University of Nevada and am confident that the Com-
mittee’s Plan will make a substantial, meaningful, and very beneficial
impact upon the students and upon our university.
I realize that all nuances of the Committee’s Plan can’t be dis-
cussed here, but the following text gives a good overview of the
themes we considered when drafting the Plan. Ultimately, the Plan
will take ASUN into the future by celebrating its past, yet making
our government truly responsive, efficient, and flexible – something
that, if our University continues to grow, which it most certainly will
do, cannot be achieved under the present document.
Regarding the Legislative Branch, the Committee’s Plan differs lit-
tle from the present constitution, namely because the Legislative
Branch operates well and reasonably efficiently under the present
constitution. The largest change to this article is regarding discipline.
In order the mitigate the problems surrounding legislative discipline
that we all realized just a few months ago, the Committee’s Plan
22
grants the Senate its own disciplinary authority. This concept follows
proper parliamentary practice and the language in the Committee’s
Plan parallels that found in a great many other student governments,
correcting the conflicting language of the present constitution. Yet,
while the Committee’s Plan allows for intermediate forms of disci-
pline, not limiting us to the binary system under which we operate
now, the Plan still requires a supermajority to expel a member – a
very appropriate characteristic.
Furthermore, the present constitution unnecessarily ties the hands
of the Executive Branch. The President has no real executive author-
ity because such authority rests with the Executive Council. There-
fore, if the President is to get anything done he must have a good
relationship with the rest of the executive officers. Yet cementing
such a relationship with four other people is difficult because all of
the executives are independently elected, oftentimes with conflicting
ideologies and visions. Additionally, the most powerful member of the
Executive Council is the Speaker of the Senate. This is a blatant vio-
lation of the Separation of Powers Doctrine – a doctrine that is the
cornerstone of all student governments in the United States! Our
solution to these problems is an independently elected President and
Vice President, both on the same ticket, with all executive and legis-
lative authority resting with the appropriate branches. The
nonelected executive officers will, much like it is now, be appointed by
the President with legislative confirmation. Such a model is tried and
true and ensures that the Executive Branch is cohesive and efficient.
Regarding the Judicial Branch, it is functionally the same. The
most substantial change, though, is the dissolution of the two alter-
nate justices. Nowhere else in any government in this country are
alternate justices found! Indeed, their creation seems to be an after-
thought to meet the outrageous quorum requirements of that body.
We corrected the quorum problem by requiring a quorum of three.
However, to ensure that any decision of the court is made by a major-
ity of all of its members, the Committee’s Plan requires that all deci-
sions of the court be by three justices. This provides for a fair and
proficient court. Indeed, the Plan itself provides for a fair and profi-
cient government of the Associated Students of the University of Ne-
vada.
BEN HANSEN.
ADDITIONAL VIEWS OF SEN. ALEX GEVEDON

Meeting over winter break to discuss changes to the constitution
was maybe not the ideal way to spend one's time off, but it was work
that definitely needed to done. There were massive changes necessary
to make the document coherent and workable. Going into the project I
was content with leaving the document mostly how it was written,
with a few substantive changes. At our first meeting the idea was
thrown out to make major changes to the Executive Branch. At first I
23
didn't think highly of this idea, but the more I thought about it the
more it occurred to me how much it would help the ASUN govern-
ment. Making most of the executive positions appointed instead of
elected creates a very efficient and stable executive branch. I firmly
support the proposed changes to the Executive Branch. Drastic
changes were not made to the Legislative Branch. The number of
senators remained constant, as did the method of reapportionment.
Some changes were made to the disciplinary process, all of which
make the process more clear and open. There is not much I can say
that except what I am sure everyone else has said, but I will say that
I am very proud of the work done by the committee, and I stand fully
and faithfully behind our finished product.
ALEX GEVEDON.
ADDITIONAL VIEWS OF SEN. JOE PERREIRA

My fellow Senators,
It is my hope that you will read our proposed constitutional
amendment with an open mind. Please realize that the committee
has worked very long and very hard to prepare for you a document
that only seeks to enhance and create a more perfect Association. It is
my opinion that our current constitution limits the Association in a
way that is keeping what we can do and what we can offer from grow-
ing with our ever-demanding student body. This is in no way the fault
any one group or person. It is merely the result of a document that
was designed around the needs of a far smaller student body. Our
proposal seeks to enhance the Association in every way it possibly
could to further meet the needs of our growing student body, and I
feel that we succeeded very much so in this aspect.
It also seems quite obvious to me that some of you may be wonder-
ing why these changes are necessary, or if they should even be con-
sidered at all. Even if you feel this way, you should still take the time
to sit down and take a very serious look at our constitution as it cur-
rently exists, and right next to it, have a copy of our proposal, to see
what it is that we are trying to do. In doing this, you will get a clearer
picture of what it is the committee spent all winter break doing. And
that was creating a sleeker, more versatile Association that will be
able to better equip itself to handle the growing needs of our student
body. This newly enhanced Association will have the ability to be
more responsive and act in ways that our Association is limited from
doing currently.
This Assembly can either continue to make minute changes to our
existing document year after year and slowly update and reorganize
our Association, or we can all come together to make one bold stroke
of change that will bring the Associated Students of the University of
Nevada, into the twenty-first century.
JOE PERREIRA.
24
ADDITIONAL VIEWS OF MR. GREG GREEN, MEMBER AT LARGE
In reading the following, please know that I have put a great deal
of thought into my conclusions. I have taken my role on the Rules and
Actions Committee very seriously, and I hope that this will show in
my forthcoming statements.
In reading this statement, I ask that you keep an open mind. Start
with the big picture and reason your way down to the wording that
we have submitted. If something is not immediately clear, please try
reserve judgment and ask questions.
Upon joining this committee, I did not plan to make many changes
to the current document. However, after analyzing each section it be-
came clear that many changes were necessary. I would like to stress,
however, that each change has come with considerable reflection and
scrutiny.
Unfortunately, it is impossible for me to express all of my reasoning
in this statement. Instead, I have tried to state the key concepts as to
give you jumping off points. I have organized each of my statements
under subtitles as to make it easier to reference.
The following are problems I see with the current document:
• Limits the responsiveness of our government

• Needed adaptability is not possible in many cases
• Little separation of powers and duties amongst branches and
individuals
• Branches’ powers are unbalanced
• Interim periods insufficient, forcing unconstitutional actions
• Conflicting and overlapping rules for handling discipline
• President’s ability to execute his or her vision is greatly limited
• President’s cabinet and connectivity to special interests on
campus are limited
• Programming is greatly limited in its actions
• Flexibility within the C&O Board is currently limited
• Readability issues, grammatical errors and conflicting sections
are present
In correcting these problems, this document utilizes the fol-

lowing key concepts:
Responsiveness
President’s Cabinet
The President will now be able to have a cabinet with department
heads (subject to approval by Senate.) In addition to current boards,
other boards may be created as well that deal with special interests
on campus. Positions such as student advocate may also be imple-
mented. In this manner, the President will be much more informed on
campus life, and students will be more connected with their govern-
ment.
25
Programming
The new document will allow laws to be created surrounding the
way programming operates. For example, the Senate may allocate a
set amount of money in the programming budget to bring a speaker
to campus. The programmer would then be able to find a specific
speaker and sign the contract without coming back to the Senate for a
second approval. The nice part about this document is the fact that
the Senate is free to create the laws it sees fit in distributing funds.
Clubs and Organizations

Clubs and organizations are increasing in number and involvement
on our campus. The way they are being recognized and given funding
is changing as well (Sections 430.1F and 430.1G in the current docu-
ment). This document will allow for these changes while adapting to
future changes, whereas the old document will not.
Publications
This document will allow the Nevada Sagebrush, when ready, to
become independent of ASUN. Until it is able to do so, it may operate
just as it does today. The Brushfire, Artemisia, and Wolf Pack Radio
will be able to operate in the same manner.
Interim
This document allows statutes to be created by the Senate in han-
dling interim periods. Interim meetings may become less of an issue
altogether if the Senate decides to create statutes that allocate fund-
ing for specific departments and activities prior to going on break.
Secondary approvals made by the Senate would not be necessary.
Separation of Duties and Responsibilities

Fiscal
Allowing the Fiscal Board to operate under the legislative branch is
an important aspect in separating the powers of our government. As
it is now, the President is acting as a legislator by being chair of the
fiscal board, and then as an executive by signing off on and expending
funds. This is an inherent conflict of interest. In this document, the
President will lay out his or her vision, and then ask for the funds
from the Senate to carry it out. If the Senate agrees to the allocations,
the President will then be able to execute his or her program without
going back for a second approval (unless the Senate required it.)
This sets up a clear distinction between managing the budget (allo-
cating, approving, and keeping track of all ASUN funds through the
legislative branch), and expending the funds as the Senate sees fit
(executing the authorized programs and carrying out the Senate’s will
through the executive branch.) Each branch has its clear and sepa-
rated duties in this regard, creating more accountability. The same
separation would be true for Programming, Clubs and Organizations,
Publications, and any other board under the executive branch.
Another great aspect about this document is that it breaks up the
workload when it comes to handling ASUN funds and keeping track
26
of the budget. More individuals will become active in the process, al-
lowing each take on different roles.
Hierarchy of Executive Branch

The main reason for establishing a hierarchy within the executive
branch is to create accountability. We’ve all heard “the buck stops
here” line, but why is it important? Most importantly, the President
needs to be given the power and responsibility of executing the will of
the government. This is due to the fact that the President represents
the whole of the student body. Secondly, the members of the executive
branch must be able to work together with a common vision. The
President leads the way in carrying out this vision. Lastly, a clear
hierarchy in the executive allows for more effective leadership, de-
fined roles and authority, improved conflict resolution, and clear
communication channels.
Discipline of Members
A separation of powers within our student government is vital
when it comes to discipline. To help insure a fair trial, the Vice Presi-
dent would oversee the impeachment of justices, while the Chief Jus-
tice would oversee the impeachment of executive members. The
Senate would be the body that initiates and hears all cases in the
area of discipline, as it contains the most elected members.
Adaptability, Clarity and Timelessness

Importance of Statutes
This document places a newfound significance on statutes. As they
will become increasingly important in the operation of our govern-
ment, they will also allow for the most flexibility when needed. The
constitution should be viewed as a document that sets up the bare
basics of a successful government. Statutes, on the other hand, allow
for a successful government to operate. A great deal of the way ASUN
operates changes over time due to a wide variety of external factors.
When we try to place too much of the way we operate in the constitu-
tion, it becomes a document that only works under a certain set of
circumstances. When reviewing this document, keep in mind that
statutes will be used to fill in areas that the current document ex-
presses unconditionally.
Grammatical fixes
The current document contains a great deal of grammatical errors.
Also contained in the document are references to things that no
longer exist (Grievance Board for example.) Some sections refer to
the similar concepts, but in different ways. In other areas, sections
completely contradict each other (Section 420 and 430 for example.)
This document corrects the basic grammatical errors, and consoli-
dates concepts into their appropriate articles and sections.
GREG GREEN.
27
ADDITIONAL VIEWS OF SEN. KIM KNUDSON
Because ASUN’s existing Constitution contains several deficiencies
that can only be resolved through substantial revision, I firmly sup-
port the Constitutional Amendment put forth by the Senate Rules
and Actions Committee.
It is my opinion that a constitution should guide, and in very lim-
ited circumstances, prescribe specific remedies. The reasons for this
are simple. First, it is impossible to anticipate all future problems of
government; and second, it is difficult to enumerate powers or define
procedure without subverting power in the process. Both of these
problems plague the existing document. In its attempt to delineate all
powers and responsibilities, the existing Constitution stifles creative
decision-making and limits the effectiveness of every branch of gov-
ernment. Memorable examples include the Senate’s inability to de-
cide appropriate punishment for its members (because it is limited to
censure or expulsion), the Judicial Council’s inability to conduct busi-
ness (due to its unrealistic quorum requirement), and the inability of
the Executive branch to pursue a meaningful agenda (because it lacks
an independent voice by virtue of being tied to a council). This list is
by no means exhaustive, and only serves to illustrate the need for
constitutional change.
The Constitutional Amendment addresses these problems and pro-
vides unique advantages that cannot be found in the current docu-
ment. The revised Constitution provides greater flexibility in
governance, empowers the executive branch, and provides for a more
productive legislative branch. The revised Constitution is limited to
those areas of government that are essential to its foundation, and
purposefully avoids reference to items that can/should be decided by
the Senate or codified in statute. Subsequently, the officers of gov-
ernment have greater decision-making ability. The Constitutional
Amendment uniquely empowers the executive branch by granting the
president more individual authority, and lends to a more productive
legislative branch by reducing its managerial responsibilities. The
revised Constitution is by no means perfect, but it is the best solution
to the problems that afflict the existing Constitution.
KIM KNUDSON.
28
APPENDIX: VARIOUS TABLES
The tables described below are contained in the appendix to this
report.
TABLE SHOWING DISPOSITION OF SECTIONS OF EXISTING CONSTITUTION
The table that follows in the appendix, Table 1, shows the sections
of the existing constitution and the sections that contain similar ele-
ments in the proposed constitution. This is a simple table that con-
tains only references by section number.
TABLE SHOWING DISPOSITION OF
SECTIONS OF PROPOSED CONSTITUTION
The table that follows in the appendix, Table 2, shows the sections
of the proposed constitution and the sections that contain similar el-
ements in the proposed constitution.
This is a simple table that contains only references by section num-
ber.
TABLE SHOWING DISPOSITION OF TEXT OF EXISTING CONSTITUTION
The table that follows in the appendix, Table 3, shows the text of
the existing constitution side-by-side with the companion text in the
proposed constitution.
TABLE SHOWING DISPOSITION OF TEXT OF PROPOSED CONSTITUTION
The table that follows in the appendix, Table 4, shows the text of
the proposed constitution side-by-side with the companion text in the
proposed constitution.
TABLE 1. TABLE SHOWING DISPOSITION OF SECTIONS OF EXISTING CONSTITUTION.
EXISTING CONSTITUTION PROPOSED CONSTITUTION COMMENTARY
Art. I, sec. 100 Art. I, sec. 1 Official name of Association; common names
Art. I, sec. 110 Preamble Purpose of Association
Art. I, sec. 120 Art. I, sec. 1(a) Definition of membership, automatic
Art. I, sec. 130 ——— Redundant; establishes government with three
branches
Art. I, sec. 140 Art. I, sec. 1(b) General qualifications to hold office for elected
and appointed members
Art. I, sec. 150 Art. 1, sec. 1(c) Date of general election; date terms of office
29
begin
Art. I, sec. 160 Art. I, sec. 1(d) Limitation on holding more than one office
Art. I, sec. 170 ——— Eliminated from document; prohibition on
Senators serving on publications and Publica-
tions Board
Art. I, sec. 180 Art. I, sec. 2 Parliamentary authority for bodies established
under Constitution
Art. II, sec. 200 Art. II, sec. 1 Establishment of legislative branch; Senate;
official name
Art. II, secs. 210, 220 Art. II, secs. 1–2 Size of Senate; apportionment of seats; re-
quirement to apportion every two years
Art. II, sec. 230 Art. II, sec. 1(a) Terms of Senators, elections
Art. II, sec. 240 ——— Eliminated from document; automatic reseat-
ing of Senators to boards
Art. II, sec. 250 Art. II, sec. 3 General powers and duties of Senate
Art. II, sec. 250, cl. 1–5 Art. II, sec. 3(a)(1) Power of Senate to enact laws, endorse resolu-
tions, to formulate policies, to make recom-
mendations, to issue directives
Art. II, sec. 250, cl. 6 Art. III, sec. 2(b) Confirmation power of Senate
Art. II, sec. 250, cl. 7 Art. II, sec. 4(c) Veto override power of Senate
Art. II, sec. 250, cl. 8 ——— Eliminated from document; power of Senate to
establish committees; power is implied
30
Art. II, sec. 250, cl. 9 Art. II, sec. 3(a)(3) Power of Senate to recognize organizations
Art. II, sec. 250, cl. 10 Art. II, sec. 5 Senate’s power of impeachment; to try
confirm Election Board chairman and mem-
bers
Art. II, sec. 250, cl. 12 ——— Eliminated from document, redundant; power
to fill vacancies not provided for in Constitu-
tion
of Senate to appoint investigative subcommit-
tees
Art. II, sec. 250, cl. 14 Art. II, sec. 2(c) Power of Senate to discipline its members; set
rules of proceedings
Art. II, sec. 260 ——— Eliminated from document; implied statutory
authority
Art. II, sec. 270 Art. II, sec. 1(e) Power of Senate to appoint Speaker, officers.
Art. II, sec. 270, cl. 1–7 ——— Eliminated from document; establishes office
of speaker and constitutionally sets duties
Art. II, sec. 270, cl. 6 Art. III, sec. 1(c)(1) Partially eliminated from document; estab-
lished constitutional succession order for office
of speaker
Art. II, sec. 280 Art. II, sec. 2(c) Eliminated from document; implied in rule-
31
making authority and discipline
Art. II, sec. 290 Art. II, sec. 2(b) Establishes quorum of Senate
Art. III, sec. 300 Art. III, sec. 1 Establishes executive officers
Art. III, sec. 310 Art. III, sec. 1; sec. 2(g) General duties of executive; duty to enforce
laws of Senate
Art. III, sec. 320 Art. III, sec. 2 Powers and duties of President
Art. III, sec. 320, cl. 1 ——— Implied power of chief executive
Art. III, sec. 320, cl. 2 ——— Eliminated from document; president as chair
of Fiscal Board
Art. III, sec. 320, cl. 3 ——— Eliminated from document; ex-officio power of
president
Art. III, sec. 320, cl. 4 Art. III, sec. 2(b) Appointment powers of president
Art. III, sec. 320, cl. 5 Art. II, sec. 5(b), (d)–(e) Veto power of president, limitations
Art. III, sec. 320, cl. 6 ——— Eliminated from document; president as non-
voting member of certain boards
Art. III, sec. 330 ——— Eliminated from document; next ranking offi-
cer is Vice President under proposed document
Art. III, sec. 330, cl. 3 Art. III, sec. 2(e) Executive budget submittal to Senate
Art. III, sec. 330, cl. 5 Art. III, sec. 1(c) Succession to office of President
Art. III, sec. 330A ——— Eliminated from document; Vice President for
32
Clubs and Organizations
Art. III, sec. 340 ——— Eliminated from document; Vice President for
Programming
Art. III, sec. 350 Art. III, sec. 1 Terms of office for executive officers
Art. III, sec. 360 Art. III, sec. 1(a) Additional qualifications to be eligible for ex-
ecutive office
Art. IV ——— Eliminated from document; boards and com-
mittees
Art. IV, sec. 410 Art. II, sec. 3(a)(2) Power of Fiscal Board to control funds; power
of Senate under proposed document
Art. IV, sec. 410.2.E Art. I, 1(e) Wages of officers set before election; increase
subject to vote of students
Art. IV, secs. 420, 430 ——— Eliminated from document; Clubs and Organi-
zations Board
Art. IV, sec. 440 ——— Eliminated from document; Publications
Board
Art. IV, sec. 450 ——— Eliminated from document; Programming
Board
Art. V Art. IV Judicial branch
Art. V, sec. 500 Art. IV, sec. 1 Establishes judicial branch
Art. V, sec. 500, cl. 1 Art. IV, sec. 1 Student Judicial Council, name
33
Art. V, sec. 500, cl. 2 ——— Eliminated from document; superseded by
Board of Regents Handbook, Title 2, Ch. 6
Art. V, sec. 510 Art. IV, sec. 2(a) Jurisdictional authority of Council
Art. V, sec. 510, cl. 1 Art. IV, sec. 1(a) Composition of Council
Art. V, sec. 510, cl. 2 Art. IV, sec. 2 Powers and duties of Council
Art. V, sec. 510.2.A ——— Eliminated from document; superseded by
Board of Regents Handbook, Title 2, Ch. 6
Art. V, sec. 510.2.B Art. IV, sec. 2(a)–(b) Power of Council to rule on constitutionality of
acts
Art. V, sec. 510.2.C Art. IV, sec. 2(d) Power of Council to direct Senate’s reappor-
tionment when Senate fails to apportion its
seats
Art. V, sec. 510.2.D Art. IV, sec. 2(a)(1) Power of Council to rule on validity of elec-
tions; cases arising under laws of ASUN
Art. V, sec. 510.2.E ——— Eliminated from document; arbitration role of
Council
Art. V, sec. 510.2.F Art. II, sec. 5(b) Council presides over impeachments; proposed
document rests this duty with Chief Justice
Art. V, sec. 520 Art. IV, sec. 1(b) Qualifications for justices to hold office
Art. V, sec. 520, cl. 1 ——— Eliminated from document; provides for con-
stitutional duties of Chief Justice
Art. V, sec. 520, cl. 2–5 ——— Eliminated from document; limits rulemaking
34
authority of Council
Art. V, sec. 530 Art. III, sec. 2(b) Appointment process for justices
Art. V, sec. 540 Art. IV, sec. 1(a) Terms of justices
Art. V, sec. 550 Art. IV, sec. 4 Removal procedure of justices
Art. V, sec. 560 Art. IV, sec. 3(a)–(b) Quorum of Council; number of justices to make
decision
Art. V, sec. 570 ——— Eliminated from document; requirement of
Chief Justice to report on cases to Senate
Art. V, sec. 580 Art. IV, sec. 3(d) Requirement to follow NSHE Code in hearing
disciplinary cases under university jurisdiction
Art. VI, sec. 600 Art. V, sec. 1 Constitutional amendment procedure
Art. VI, sec. 610 Art. II, sec. 5 Impeachment procedure
Art. VI, sec. 620 Art. V, sec. 2 Recall election procedure
Art. VI, sec. 630 Art. V, sec. 3–4 Procedure for initiative and referenda
Art. VI, sec. 640 Art. I, sec. 3 Fiscal procedures required by Board of Re-
gents
Art. VII, sec. 700 Art. VI, sec. 1 Implementation clause
35
TABLE 2. TABLE SHOWING DISPOSITION OF SECTIONS OF PROPOSED CONSTITUTION.
TABLE SHOWING DISPOSITION OF SECTIONS OF PROPOSED CONSTITUTION
PROPOSED CONSTITUTION EXISTING CONSTITUTION COMMENTARY
Preamble Art. I, secs. 110, 130 Purpose of Association; government
Art. I, sec. 1 Art. I, sec. 100 Official name of Association, common names
Art. I, sec. 1(a) Art. I, sec. 120 Automatic membership
Art. I, sec. 1(b) Art. I, sec. 140 General qualifications to hold office
Art. I, sec. 1(c) Art. I, sec. 150 Date of general election; date terms begin
Art. I, sec. 1(c)(3) ——— Not present in constitution; student under
certain university disciplinary action may not
hold office
37
Art. I, sec. 1(d) Art. I, sec. 160 Prohibition on holding more than one office
Art. I, sec. 1(e) Art. IV, sec. 410.2.E Elected members to receive compensation;
limitations on increases; subject to approval by
voters
Art. I, sec. 2 ——— Not in existing constitution; requirement that
members of government take oath before en-
tering office
Art. I, sec. 3 Art. VI, sec. 640 Requirement to follow University and System
fiscal policies
Art. II, sec. 1 Art. II, sec. 200 Establishment of Senate
Art. II, sec. 1(a) Art. II, secs. 210, 230 Size of Senate; length of term
Art. II, sec. 1(b) Art. II, sec. 210, cl. 1–2 Apportionment of Senate
Art. II, sec. 1(c) ——— Not in existing constitution; requirement
senators be member of college to which they
are elected
Art. II, sec. 1(d) Art. II, sec. 250, cl. 12 Not specifically in existing constitution; va-
cancies filled by law; special elections when
1/3 of Senate vacant
Art. II, sec. 1(e) Art. II, sec. 270 Power of Senate to select Speaker, officers
Art. II, sec. 2(a) ——— Not in existing constitution; power of Senate
to judge its elections; seat members
Art. II, sec. 2(b) Art. II, sec. 290 Quorum of Senate
38
Art. II, sec. 2(c) Art. II, sec. 250, cl. 14 Power of Senate to set its rules, punish its
members; expulsion provisions
Art. II, sec. 3 Art. II, sec. 250 Powers of Senate
Art. II, sec. 3(a)(1) Art. II, sec. 250, cl. 1–5 Power of Senate to make laws
Art. II, sec. 3(a)(2) ——— Not in existing constitution; Senate’s power of
the purse; requirement to publish revenues
and expenditures
Art. II, sec. 3(a)(3) Art. II, sec. 250, cl. 9 Power of Senate to recognize organizations, set
policy related thereto
Art. II, sec. 3(b)(1) Art. II, sec. 260, cl. 3 Prohibition on rescinding contracts once
signed
Art. II, sec. 3(b)(2) Art. II, sec. 260, cl. 3 Prohibition on amending certain contracts and
salaries once hired
Art. II, sec. 4(a) ——— Not in existing constitution; implied through
president’s veto power; bills presented to
President
Art. II, sec. 4(b) Art. III, sec. 320, cl. 5 President’s veto power
Art. II, sec. 4(c) Art. II, sec. 250, cl. 7 Power of override of President’s veto
Art. II, sec. 4(d) Art. III, sec. 320, cl. 5 Bill becomes law without President’s action
five days after presentment; pocket veto
Art. II, sec. 4(e) ——— Not in present document; limits line item veto
39
to appropriations bills
Art. II, sec. 5(a) Art. II, sec. 610.2.C Power of Senate to impeach
Art. II, sec. 5(b) Art. II, sec. 250, cl. 10; Art. VI, sec. 610 Power of Senate to try impeachments; presid-
ing officers during certain impeachment trials;
vote to convict
Art. II, sec. 5(c) Art. VI, sec. 610.1.B Judgment limited to removal from office, dis-
qualification to hold other office
Art. III, sec. 1 Art. III, secs. 300, 310 Establishment of executive; executive power
vested in President and Vice President, elected
together
Art. III, sec. 1(a) Art. III, sec. 360 Additional qualifications for executives to hold
office
Art. III, sec. 1(b) ——— Not in existing constitution; requirement
President receive majority vote in election
Art. III, sec. 1(c) ——— Not in existing constitution; vacancy of office
of President; succession order; power of Senate
to set succession order; when office of Vice
President vacant, President nominates, Senate
confirms
Art. III, sec. 1(d) ——— Not in existing constitution; ability of Presi-
dent to temporarily transfer powers and duties
of presidency to Vice President
Art. III, sec. 1(e) ——— Not in existing constitution; President’s com-
40
pensation may not be increased or decreased
during term
Art. III, sec. 1(f) ——— Not in existing constitution; requirement
President take constitutional oath
Art. III, sec. 2 Art. III, sec. 320 Powers of President
Art. III, sec. 2(a) ——— Not in existing constitution; power of Presi-
dent to enter into agreements; Senate’s power
to regulate
Art. III, sec. 2(b) Art. III, sec. 320, cl. 4; Art. II, sec. 250, cl. 6 Power of President to appoint; Senate’s power
to confirm
Art. III, sec. 2(c) ——— Not in existing constitution; President’s recess
appointment power
Art. III, sec. 2(d) ——— Not in existing constitution; duty of President
to give information on state of Association to
Senate; power to recommend to them meas-
ures
Art. III, sec. 2(e) Art. III, sec. 330, cl. 3 Duty of President to present budget to Senate
Art. III, sec. 2(f) Art. VI, sec. 400.2.A Power of President to convene Senate
Art. III, sec. 2(g) Art. III, sec. 310 Duty of President to ensure laws are faithfully
executed
Art. III, sec. 3 Art. VI, sec. 610.1.A President, executive officers liable to im-
peachment
41
Art. IV, sec. 1 Art. V Establishment of judicial branch
Art. IV, sec. 1(a) Art. V, sec. 510, cl. 1; sec. 540 Composition of Council, terms of office
Art. IV, sec. 1(b) Art. V, sec. 520 Qualifications to hold office
Art. IV, sec. 1(c) Art. V, sec. 520 Requirement to be in good disciplinary stand-
ing to hold office
Art. IV, sec. 1(d) ——— Not in existing constitution; inability to hold
other offices under government
Art. IV, sec. 1(e) ——— Not in existing constitution; prohibition on
decreasing compensation of justices
Art. IV, sec. 2 Art. V, sec. 510, cl. 2 Powers and duties of Council
Art. IV, sec. 2(a) ——— Extent of judicial power
Art. IV, sec. 2(b) Art. V, sec. 510.2.B Power of Council to adjudicate cases with con-
stitutional questions
Art. IV, sec. 2(c) Art. V, sec. 510.2.B Authority of Council to interpret acts of Sen-
ate
Art. IV, sec. 2(d) Art. V, sec. 510.2.C Power of Council to apportion Senate when it
fails to do so
Art. IV, sec. 3(a) Art. V, sec. 560 Quorum of Council
Art. IV, sec. 3(b) ——— Vote required to render decision
Art. IV, sec. 3(c) ——— Power of Senate to establish rules
42
Art. IV, sec. 3(d) Art. V, sec. 580 Requirement to follow System policies in Uni-
versity disciplinary proceedings
Art. IV, sec. 4 Art. V, sec. 550 Justices subject to impeachment
Art. V, sec. 1 Art. VI, sec. 600 Amendment of Constitution, procedures
Art. V, sec. 2 Art. VI, sec. 620 Recall elections, procedure
Art. V, sec. 3 Art. VI, sec. 630 Popular initiative, procedures
Art. V, sec. 4 Art. VI, sec. 630 Referenda, procedures
Art. VI Art. VII Implementation clause
TABLE 3. TABLE SHOWING DISPOSITION OF TEXT OF EXISTING CONSTITUTION.
This Association shall be known as the This Association shall be known as the Associ-
Associated Students of the University of Ne- ated Students of the University of Nevada,
vada, Reno, hereafter referred to as the Reno, hereinafter referred to as the ASUN, the
ASUN. Associated Students, or the Association.
Art. I, sec. 110 Preamble Purpose of Association
The purpose of the ASUN shall be: WE, THE UNDERGRADUATE STUDENTS
110.1 To provide means for responsible OF THE UNIVERSITY OF NEVADA, in order
and effective student participation in the to form a more perfect association, advance our
organization and control of student affairs; interests, set forth our duties, and provide for
110.2 To provide an official and repre- meaningful participation in the governance of
43
sentative student organization with pow- our University, do hereby establish this Con-
ers to receive complaints, investigate stitution for the Associated Students.
student problems, and participate in deci-
sions involving students;
110.3 To take action in the best interest
of the student body and the university
community;
110.4 To provide an official voice
through which student opinion may be ex-
pressed;
110.5 To provide means whereby stu-
dents may gain experience and training in
responsible political participation and
community leadership; and
110.6 To foster awareness of the stu-
dent’s role in the campus, local, state, na-
tional and international communities.
Art. I, sec. 120 Art. I, sec. 1(a) Definition of membership, automatic
Membership in the ASUN shall be auto- (a) MEMBERSHIP.—Membership in the
matic for undergraduate students registered Association is automatic for students regis-
for one (1) or more credits. tered for at least one undergraduate credit.
Art. I, sec. 130 ——— Redundant; establishes government with three
A government of the ASUN is hereby es- branches
tablished, whose purpose shall be to represent
and act for the student body. This government
shall function through:
130.1 A legislative branch,
130.2 An executive branch, and
130.3 A judicial branch.
44
Art. I, sec. 140 Art. I, sec. 1(b) General qualifications to hold office for elected
All elected members of this government (b) QUALIFICATIONS TO HOLD OF- and appointed members
shall at the time of election and throughout FICE.—All members of the government of the
their term be enrolled in at least seven (7) Association, at the time of their election or
undergraduate credits and have at least a appointment and throughout their terms, shall
2.50 grade point average. All appointed mem- meet the general qualifications as follows:
bers of this government shall at the time of (1) Maintain a minimum 2.5 cumula-
appointment and throughout their term be tive grade point average.
enrolled in at least seven (7) undergraduate (2) Be enrolled in at least seven under-
credits and have at least a 2.20 grade point graduate credits.
average. (3) Be a student who is not under any
university disciplinary probation, suspen-
sion or expulsion.
Art. I, sec. 150 Art. 1, sec. 1(c) Date of general election; date terms of office
All members of the ASUN government (c) ELECTION AND TERMS.—A general begin
shall be elected in the general election on the election shall be held on the Wednesday and
Wednesday and Thursday on or preceding Thursday on or preceding March 15 and those
March 15; they shall take office on the elected shall take office on the Wednesday
Wednesday closest to April 15. closest to April 15.
Art. I, sec. 160 Art. I, sec. 1(d) Limitation on holding more than one office
No member of the government may hold (d) LIMITATION ON HOLDING OF-
more than one elective ASUN position at any FICE.—No person shall hold more than one
one time. elected or appointed office at any one time.
Art. I, sec. 170 ——— Eliminated from document; prohibition on
No senator serving on the Publications Senators serving on publications and Publica-
Board will be allowed to serve on the staffs of tions Board
any ASUN publications.
Art. I, sec. 180 ——— Parliamentary authority for bodies established
45
All meetings of the ASUN, including but under Constitution
not limited to the ASUN Senate, Program-
ming Board, Grievance Board, Publications
Board, and Fiscal Allocations Board, and all
Senate subcommittees, will be governed by
Robert’s Rules of Order, Latest Edition.
Art. II, sec. 200 Art. II, sec. 1 Establishment of legislative branch; Senate;
The legislative branch shall be known as The legislative power of the Association shall official name
the Senate of the Associated Students of the be vested in a Senate of the Associated Stu-
University of Nevada, Reno, hereafter re- dents.
ferred to as the Senate.
Art. II, secs. 210, 220 Art. II, sec. 1(a)–(b) Size of Senate; apportionment of seats; re-
Section 210 The Senate shall be composed (a) COMPOSITION AND TERM.—The quirement to apportion every two years
of not more than twenty-two (22) members of Senate shall be composed of not more than
the ASUN, as follows: twenty-two Senators, who shall be elected to a
210.1 One (1) member to be elected from term of one year.
within each college and recognized school. (b) APPORTIONMENT OF SEATS.—Each
210.2 The balance apportioned among college and school shall have at least one seat.
the colleges to approximate as closely as Thereafter, the seats shall be apportioned
possible one (1) person, one (1) vote. among the colleges and schools proportionally
according to their respective enrollment num-
Section 220 Every two (2) years, the Senate bers. The apportionment and number shall be
shall reestablish the number and the appor- set by law every two years.
tionment of the senators. This shall be done
by a two thirds (2/3) vote of the Senate mem-
bership.
Art. II, sec. 230 Art. II, sec. 1(a) Terms of Senators, elections
Term of office shall be one year for mem- (a) COMPOSITION AND TERM.—The
bers of the ASUN Senate. ASUN Senators Senate shall be composed of not more than
46
may run for an additional term(s). twenty-two Senators, who shall be elected to a
term of one year.
Art. II, sec. 240 ——— Eliminated from document; automatic reseat-
Senate shall by a majority vote select three ing of Senators to boards
(3) individuals who shall be reseated auto-
matically to their respective boards, subject
only to their reelection from their respective
colleges. This shall be done no later than four
(4) weeks prior to the ASUN primary election.
Art. II, sec. 250 Art. II, sec. 3(a) General powers and duties of Senate
The Senate shall have the following powers (a) The Senate shall have the following
and duties: powers and duties:
Art. II, sec. 250, cl. 1–5 Art. II, sec. 3(a)(1) Power of Senate to enact laws, endorse resolu-
250.1 To enact and amend statutes. (1) To make all laws and regulations tions, to formulate policies, to make recom-
Statutes will here designate those laws, necessary and proper for the ASUN. mendations, to issue directives
which implement provisions of the Consti-
tution.
250.2 To endorse resolutions. Resolu-
tions shall be formal expressions of opin-
ion, will, or intent.
250.3 To formulate policies. Policies
shall be defined as provisions and limita-
tions on administrative procedure.
250.4 To make recommendations. Rec-
ommendations shall be expressions of ap-
proval, disapproval, or advice.
250.5 To issue directives. Directives
47
shall state actions to be taken by executive
officers or ASUN boards.
Art. II, sec. 250, cl. 6 Art. III, sec. 2(b) Confirmation power of Senate
To approve by a two thirds (2/3) vote of (b) The President shall nominate and ap-
the senators present all appointments of point, provided two-thirds of the Senators pre-
the executive officers. sent concur, justices of the Judicial Council
and all other officers of the Associated Stu-
dents, whose appointments shall be estab-
lished by law: but the Senate may by law vest
the appointment of such inferior officers in the
President alone, in the Judicial Council, or in
the heads of departments.
Art. II, sec. 250, cl. 7 Art. II, sec. 4(c) Veto override power of Senate
To override the ASUN President’s veto (c) RECONSIDERATION.—If, after recon-
by a two thirds (2/3) vote of the members sideration, two-thirds of the Senators present
present. agree to pass the bill, it shall become a law.
To establish those committees necessary establish committees; this power is implied
for its investigation and actions.
Art. II, sec. 250, cl. 9 Art. II, sec. 3(a)(3) Power of Senate to recognize organizations
To grant or refuse recognition to all stu- (3) To establish a policy with respect to
dent organizations. the recognition of student organizations.
Art. II, sec. 250, cl. 10 Art. II, sec. 5 Senate’s power of impeachment, to try
To try any elected officer of the ASUN SEC. 5. IMPEACHMENTS.
upon his/her impeachment. (a) The Senate shall have the power of
impeachment.
(b) The Senate shall have the power to try
all impeachments. When sitting for that pur-
48
pose, they shall be on oath or affirmation. The
Chief Justice shall preside over impeachments
of executive officers. The Vice President shall
preside over impeachments of judicial officers.
No person shall be convicted without the con-
currence of two-thirds of the Senators present.
(c) Judgment in cases of impeachment
shall not extend further than removal from
office, and disqualification to hold any office of
honor, trust or profit under the Associated
Students.
To approve the appointment of an Elec- confirm Election Board chairman and members
tion Board Chairperson and Election
Board members.
To fill any vacancies in the ASUN gov- to fill vacancies not provided for in Constitu-
ernment not otherwise provided for. tion
To appoint investigative subcommittees. of Senate to appoint investigative subcommit-
tees
Art. II, sec. 250, cl. 14 Art. II, sec. 2(c) Power of Senate to discipline its members; set
The ASUN Senate shall be the sole (c) RULES AND DISCIPLINE.—The Sen- rules of proceedings
judge of its own members and may disci- ate may determine the rules of its proceedings
pline its members for any conduct unbe- and punish its members for disorderly or inap-
coming a member of that body. The propriate behavior as it sees fit. In the in-
member may be censured by a majority stance of expulsion, the concurrence of two-
49
vote of members present and may be ex- thirds of the Senators present is required.
pelled by a two thirds (2/3) vote of those
elected.
Art. II, sec. 260 ——— Eliminated from document; implied statutory
The Senate shall approve or disapprove authority
the actions of the Grievance Board, Pro-
gramming Board, Publications Board and the
Fiscal Allocations Board.
260.1 Approval or disapproval of board
action shall require a majority of the Sen-
ate membership.
260.2 A directive to reconsider an ac-
tion or decision may not be passed until
the next regular meeting of the Senate.
260.3 Disapproval may not be made of
entertainment contracts, once signed, or of
professional and classified contracts and
salaries.
Art. II, sec. 270 Art. II, sec. 1(e) Power of Senate to appoint Speaker, officers.
The Senate at its first organizational meet- (e) OFFICERS.—The Senate shall choose
ing shall elect from its membership a Speaker its Speaker and other officers.
who shall serve as presiding officer and who
shall have the following powers and duties:
Art. II, sec. 270, cl. 1–7 ——— Eliminated from document; establishes office of
270.1 To vote to make or break a tie speaker and constitutionally sets duties
vote.
270.2 To serve as a voting member of
the Executive Council.
270.3 To prepare the agenda for Sen-
50
ate.
270.4 To inform the Senate on all per-
tinent actions and monies spent by the
ASUN during the interim periods.
the Programming Board.
270.6 To serve as ASUN President in
the incapacity of both the ASUN President
the ASUN Executive Vice President, and
the ASUN Vice President for Clubs and
Organizations or vacancy of the aforemen-
tioned offices.
270.7 Any other duties that the ASUN
shall delegate to him/her.
Art. II, sec. 270, cl. 6 Art. III, sec. 1(c)(1) Partially eliminated from document; estab-
To serve as ASUN President in the in- (1) Whenever the office of President be- lished constitutional succession order for office
capacity of both the ASUN President the comes vacant, the Vice President shall be- of speaker
ASUN Executive Vice President, and the come President. The Senate shall establish
ASUN Vice President for Clubs and Or- the further lawful succession order.
ganizations or vacancy of the aforemen-
tioned offices.
Art. II, sec. 280 ——— Eliminated from document; implied in rule-
Removal of the Senate President shall re- making authority and discipline
quire a majority vote of the Senate member-
ship.
Art. II, sec. 290 Art. II, sec. 2(b) Establishes quorum of Senate
The Senate must have a quorum of two (b) QUORUM.—A quorum to do business
thirds (2/3) of its membership to conduct is two-thirds of the membership.
business.
51
Art. III, sec. 300 Art. III, sec. 1 Establishes executive officers
The executive branch of the ASUN shall The executive power of the Association shall be
consist of the following officers: vested in a President of the Associated Stu-
300.1 The ASUN President, dents, who shall be elected together with a
300.2 The ASUN Executive Vice Presi- Vice President for a term of one year.
dent,
300.3 The Speaker of the Senate,
300.3A The Vice President for Clubs
and Organizations,
300.4 The Vice President for Program-
ming.
Art. III, sec. 310 Art. III, sec. 1; sec. 2(g) General duties of executive; duty to enforce
The executive branch shall administer the SECTION 1. The executive power of the Asso- laws of Senate
affairs of the ASUN and shall enforce all ciation shall be vested in a President of the
statutes enacted by the Senate. Associated Students, who shall be elected to-
gether with a Vice President for a term of one
year.
(g) The President shall take care that the

laws be faithfully executed.
The powers and duties of the ASUN Presi- POWERS AND DUTIES OF THE PRESI-
dent shall be: DENT.
Art. III, sec. 320, cl. 1 ——— Implied power of chief executive
To act as the chief executive officer.
Art. III, sec. 320, cl. 2 ——— Eliminated from document; president as chair
To serve as the chairperson of the Fiscal of Fiscal Board
52
Allocations Board.
Art. III, sec. 320, cl. 3 ——— Eliminated from document; ex-officio power of
To serve as the chairperson of the Ex- president
ecutive Council and as ex officio member of
all ASUN boards and committees.
Art. III, sec. 320, cl. 4 Art. III, sec. 2(b) Appointment powers of president
To make all appointments except those (b) The President shall nominate and ap-
specifically designated to another officer. point, provided two-thirds of the Senators pre-
sent concur, justices of the Judicial Council
Art. III, sec. 320, cl. 5 Art. II, sec. 4(b), (d)–(e) Veto power of president, limitations
To veto any act, in part or in whole, en- (b) APPROVAL; VETO.—If the President
acted by Senate. If neither signed, nor ve- approves the bill, he shall sign it. If not, he
toed, the act becomes effective in ten (10) shall return it, with his objections, to the Sen-
days following its passage. ate, who shall enter the objections in their
records, and proceed to reconsider it.
(d) TIME LIMIT ON VETO.—If any bill

shall not be returned by the President within
five working days after it shall have been pre-
sented to him or her, the same shall be a law,
as if he or she had signed it, unless the Senate
by their adjournment prevent its return, in
53
which case it shall not be a law.
(e) LINE ITEM VETO; RECONSIDERA-
TION.—The President may reduce or elimi-
nate one or more items of appropriation while
approving other portions of a bill. The Presi-
dent shall append to the bill a statement of the
items reduced or eliminated with the reasons
for the action. The President shall transmit to
the Senate a copy of the statement and rea-
sons. Items reduced or eliminated shall be
separately reconsidered and may be passed
over the President’s veto in the same manner
as bills.
Art. III, sec. 320, cl. 6 ——— Eliminated from document; president as non-
To serve as a nonvoting member of the voting member of certain boards
Programming Board, Grievance Board and
Publications Board.
Art. III, sec. 330 ——— Eliminated from document; next ranking offi-
The powers and duties of the ASUN Ex- cer is Vice President under proposed document
ecutive Vice President shall be:
330.1 To serve as the chief administra-
tive officer of the Publications boards.
330.2 To serve as chairperson of Publi-
cations Board and to vote only to make or
break a tie vote.
330.3 To prepare a general budget for
his/her term of office, which shall be pre-
sented to the Fiscal Allocations board. This
budget shall be printed and made avail-
able to all members of the ASUN prior to
54
September 1.
Executive Council.
330.5 To serve as the ASUN President
in the incapacity of the ASUN President or
vacancy of that office.
330.6 To monitor and report the status
of all ASUN accounts to the Senate.
330.7 To review the specifications of all
publications and approve the final budg-
ets.
Senate shall delegate to him/her.
Art. III, sec. 330, cl. 3 Art. III, sec. 2(e) Executive budget submittal to Senate
To prepare a general budget for his/her (e) The President shall submit a proposed
term of office, which shall be presented to budget to the Senate.
the Fiscal Allocations board. This budget
shall be printed and made available to all
members of the ASUN prior to September
1.
Art. III, sec. 330, cl. 5 Art. III, sec. 1(c) Succession to office of President
To serve as the ASUN President in the (c) VACANCY.—
incapacity of the ASUN President or va- (1) Whenever the office of President be-
cancy of that office. comes vacant, the Vice President shall be-
come President. The Senate shall establish
the further lawful succession order.
(2) Whenever there is no Vice Presi-
dent, the President shall nominate a Vice
President who shall take office upon con-
firmation by a two-thirds vote of the Sen-
55
ate.
Art. III, sec. 330A ——— Eliminated from document; Vice President for
The powers and duties of the ASUN Vice Clubs and Organizations
President for Clubs and Organizations
(VPCO) shall be:
330A.1 To serve as the chief adminis-
trative officer of the Clubs and organiza-
tions Board.
330A.2 To act as a liaison between the
Senate and all ASUN recognized organiza-
tions.
330A.3 To serve as a voting member of
330A.4 To serve as a chairperson of the
Clubs and organizations Board and vote
only to make or break a tie.
330A.5 Any other duties that the
ASUN Senate shall delegate to him/her.
Art. III, sec. 340 ——— Eliminated from document; Vice President for
The powers and duties of the Vice Presi- Programming
dent for Programming shall be:
340.1 To serve as the chief administra-
tive officer of activities sponsored by the
ASUN.
340.2 To serve as the chairman of the
Programming Board, voting only to make
or break a tie vote.
340.3 To prepare a general budget for
his/her term of office, which shall be pre-
56
sented to the Fiscal Allocations Board.
This budget shall be printed and made
available to all members of the ASUN
prior to September 1.
340.5 To report to the ASUN Senate
each week on matters concerning the Pro-
gramming Board.
340.6 To serve as the ASUN President
in the incapacity of the ASUN President,
ASUN Executive Vice President, ASUN
Vice President for Clubs and Organiza-
tions, and Speaker of the Senate, or the
vacancy of the aforementioned officials.
340.7 To be ultimately responsible to
oversee all Programming Board activities.
340.8 To coordinate a semi-annual ac-
tivities calendar, at the beginning of each
semester, and shall distribute a finalized
monthly calendar on the first day of each
month.
Senate shall delegate to him/her.
Art. III, sec. 350 Art. III, sec. 1 Terms of office for executive officers
Term of office shall be one year for execu- The executive power of the Association shall be
tive officers. Executive officers may run for an vested in a President of the Associated Stu-
additional term(s). dents, who shall be elected together with a
Vice President for a term of one year.
57
Art. III, sec. 360 Art. III, sec. 1(a) Additional qualifications to be eligible for ex-
The executive officers must have these ad- (a) ELIGIBILITY.— ecutive office
ditional qualifications: (1) No person shall be eligible to be
360.1 The ASUN Speaker of the Senate elected to the office of President who has
shall meet the qualifications of Senator. not completed 60 undergraduate credits
360.2 The ASUN Executive Vice Presi- and been a member of the Association for
dent, ASUN Vice President for Clubs and two consecutive semesters.
organizations, and Vice President for Pro- (2) No person shall be eligible for the
gramming shall have completed at least 45 office of the Vice President who has not
undergraduate credits upon filing for elec- completed 45 undergraduate credits and
tive office. been a member of the Association for two
360.3 The ASUN President shall have consecutive semesters.
completed at least 60 undergraduate cred-
its upon filing for elective office.
360.4 Membership in the ASUN for any
two (2) semesters including the semester
during which the election is held.
Art. IV ——— Eliminated from document; boards and com-
mittees
Art. IV, sec. 400 ——— Eliminated from document; Executive Council
There shall be an Executive Council with
general powers of administration, review and
recommendation.
400.1 The Council shall consist of the
ASUN President, the Executive Vice
President, the ASUN Vice President for
Clubs and Organizations, the Speaker of
the Senate, and the Vice President for
Programming.
400.2 The powers and duties of the
58
Council shall include the following:
400.2.A To call special assemblies of
the ASUN.
400.2.B To recommend to the ASUN
Senate the committee and board as-
signments of all senators in the ASUN
Senate.
400.2.C All duties and powers not
specifically herein delegated shall re-
vert to the ASUN Executive Council.
Art. IV, sec. 410 Art. II, sec. 3(a)(2) Power of Fiscal Board to control funds; power
The Fiscal Allocations Board shall have in (2) To set a budget for the ASUN, but of Senate under proposed document
its charge and control the administration of no money shall be spent from the treasury
all ASUN funds to include, but not limited to, without appropriations made by law; a
ASUN fee revenues, savings, investments and regular statement and account of receipts
all other funds from whatever sources. and expenditures of all public money shall
410.1 The Fiscal Allocations Board be published annually at a minimum.
shall consist of the following voting mem-
bers: One-third (1/3) of the membership of
the ASUN Senate and two (2) program-
ming board members as assigned by the
Executive Council and be chaired by the
ASUN President who may vote only to
make or break a tie vote. The ASUN Ad-
ministrative Secretary, the ASUN Execu-
tive Vice President, the ASUN Vice
President for Clubs and Organizations,
and the ASUN Vice President for Pro-
gramming shall serve as non-voting mem-
59
bers.
410.2 The Fiscal Allocations Board
shall have the following powers and du-
ties:
410.2.A To appropriate annual
ASUN fee revenues among the four (4)
major ASUN boards: Programming,
Publications, Grievance, and Fiscal Al-
locations.
410.2.B To maintain a reserve con-
tingency fund not to exceed five percent
(5%) of the total fee revenues.
410.2.C To direct all savings and in-
vestment functions to be derived solely
from non-fee revenues.
410.2.D To approve and publish an
annual program budget together with
publication of general program objec-
tives and a priority statement no later
than the last regular school day in Sep-
tember.
410.2.E To set the wages of the
ASUN officers and senators at least a
month before their election. Any in-
crease shall be subject to approval by a
majority vote of the students voting in
the election.
410.2.F To make appropriations
from the contingency fund to the four
(4) major ASUN boards.
410.2.G To direct the savings and
60
investment function of the ASUN as
may be necessary.
410.2.H To review bylaws for the
board and to amend such bylaws by a
two-thirds (2/3) vote of the board and a
majority vote of the ASUN Senate.
410.3 The Fiscal Allocations Board
shall formulate such policies as are neces-
sary for the proper control and manage-
ment of ASUN funds.
Art. IV, sec. 410.2.E Art. I, sec. 1(e) Wages of officers set before election; increase
To set the wages of the ASUN officers (e) COMPENSATION.—The elected mem- subject to vote of students
and senators at least a month before bers of this government shall receive a com-
their election. Any increase shall be pensation to be set by law. Any increase in
subject to approval by a majority vote compensation will take effect after the next
of the students voting in the election. intervening general election, which shall be
subject to approval by a majority vote of the
students voting in the election on that ques-
tion.
Art. IV, secs. 420, 430 ——— Eliminated from document; Clubs and Organi-
Section 420 The Clubs and Organizations zations Board
Board shall consist of the following members:
The ASUN Vice President for Clubs and Or-
ganizations, who shall act as chairperson and
many vote only to make or break a tie vote,
and one third (1/3) of the membership of Sen-
ate, as assigned by the Executive Council.
Section 430 The Clubs and Organizations
Board shall consist of the following voting
members: the ASUN Executive Vice presi-
61
dent, who shall act as chairperson and may
vote only to make or break a tie, and one-
third (1/3) of the ASUN Senate as assigned by
430.1 The Clubs and Organizations
Board shall have the following powers and
duties:
430.1.A To serve as a principal re-
source or all clubs and organizations as
recognized by the ASUN.
430.1.B To hear and investigate
concerns and/or complaints that in any
way involve a club and/or organization
of the ASUN.
430.1.C To take action on com-
plaints in the following manner:
430.1.C.1 To make official rec-
ommendations to the ASUN Senate.
430.1.C.2 To refer concerns or
complaints to the appropriate
ASUN or Administrative Body.
430.1.C.3 To close its meetings
whenever an individual’s personal
character is brought into questions
or when the case relates to the edu-
cational record as stated in the Fed-
eral Education Rights and Privacy
Act (Buckley Amendment).
430.1.D To ensure compliance with
the ASUN, University of Nevada and/or
62
the organization’s national chapter
policies and procedures.
430.1.E To promote and ensure in-
terest and activity in clubs and organi-
zations with the ASUN.
430.1.F To set and approve operat-
ing policy for clubs and organizations.
430.1.G To allocate those funds au-
thorized by the Fiscal Allocations
Board for the purpose of providing an-
nual funding for clubs and organiza-
tions.
430.1.H To review by-laws for the
board and amend such by-laws by two-
thirds (2/3) vote of the board and a ma-
jority vote of the Senate.
430.1.I To have any other powers
and duties that the ASUN Senate shall
delegate.
Art. IV, sec. 440 ——— Eliminated from document; Publications Board
The Publications Board shall have in its
charge and control the administration of all
ASUN finances appropriated to it by the Fis-
cal Allocations Board, as well as the responsi-
bility for the policy of all ASUN publications.
440.1 The Publications Board shall
consist of the following voting members:
the ASUN Executive Vice President, who
shall act as chairperson and may vote only
to make or break a tie vote, one-third (1/3)
of the membership of the Senate, as as-
63
signed by the Executive Council, editors of
the student newspaper (Sagebrush), the
yearbook (Artemisia) and the arts maga-
zine (Brushfire). Non-voting members
shall be the ASUN Manager, the editors of
other ASUN publications, except the
Sagebrush, Artemisia and Brushfire, the
managers of all ASUN publications, any
faculty advisers and the ASUN Adminis-
trative Secretary.
have the following powers and duties:
440.2.A To allocate those funds au-
thorized by the Fiscal Allocations
Board for the purpose of providing
those publications deemed necessary.
440.2.B To appoint the editors and
managers of all ASUN publications.
440.2.C To remove by a two thirds
(2/3) vote of the voting membership of
the Publications Board, the editor or
manager of any ASUN publication.
440.2.D To review the budget of the
ASUN Executive Vice President.
440.2.E To review bylaws for the
majority vote of the Senate.
formulate such policies as are necessary
64
for the proper control of ASUN funds and
the conduct of its business.
Art. IV, sec. 450 ——— Eliminated from document; Programming
The Programming Board shall have in its Board
charge and control the administration of all
ASUN finances appropriated to it by the Fis-
cal Allocations Board, as well as the responsi-
bility for the planning, supervision and
presentation of all ASUN sponsored pro-
gramming.
450.1 The Programming Board shall
consist of the following voting members:
the Vice President for Programming, who
shall serve as chairperson and vote only to
make or break a tie vote; ASUN Speaker of
the Senate; eight 8 student members—
each of whom shall be a chairman of one of
the eight (8) committees.
450.1.A Committee Chairman will
be selected on the following basis: 1)
candidates must meet all general re-
quirements for all boards and commit-
tees. 2) The selection committee,
composed of the outgoing Programming
Board, Director of ASUN, ASUN Assis-
tant Director, Executive Council, and
two (2) Senators-at-large, shall recom-
mend a slate of successors from the
pool of applicants for each chairman-
ship. 3) The selection will be subject to
65
ASUN Senate approval. 4) All chair-
persons will be volunteers.
450.1.B Filing for the ASUN Pro-
gramming Board shall close at 5:00
p.m. on the Friday one week after
Spring Break or two weeks following
the ASUN general election.
450.2 The Programming Board shall
have the following powers and duties:
450.2.A To review and approve the
general budget prepared by the Vice
President for Programming for presen-
tation to the Fiscal Allocations Board.
This budget shall be presented annu-
ally (based on the needs of each com-
mittee)
450.2.B To review bylaws for the
majority vote of the ASUN Senate.
450.3 The ASUN Programming Board
shall formulate such policies as are neces-
sary for the proper control of ASUN funds
and the conduct of its business.
Art. V Art. IV Judicial branch
Art. V, sec. 500 Art. IV, sec. 1 Establishes judicial branch
The Judicial Branch of the ASUN shall The judicial authority of the Association shall
function through: rest with a Judicial Council of the Associated
Students.
66
Art. V, sec. 500, cl. 1 Art. IV, sec. 1 Student Judicial Council, name
The Student Judicial Council The judicial authority of the Association shall
rest with a Judicial Council of the Associated
Students.
Art. V, sec. 500, cl. 2 ——— Eliminated from document; superseded by
Any and all Special Hearing Boards that Board of Regents Handbook, Title 2, Ch. 6
shall be embodied by the Board of Regents
of the University and Community College
System of Nevada under the Disciplinary
Rules and Procedures for cases of student
misconduct.
Art. V, sec. 510 Art. IV, sec. 2(a) Jurisdictional authority of Council
The Student Judicial Council shall hear POWERS AND DUTIES OF THE COUNCIL.
and try all cases referred to its jurisdiction by (a) The judicial power shall extend to—
a proper authority. (1) all cases which shall arise under
this Constitution and the laws of the Asso-
ciated Students; and
(2) controversies among members of the
Association.
Art. V, sec. 510, cl. 1 Art. IV, sec. 1(a) Composition of Council
The Council shall consist of five (5) (a) COMPOSITION AND TERM.—The
members and such advisors and adminis- Council shall consist of a Chief Justice of the
trative representation as it shall deem Associated Students and four associate jus-
necessary. tices, who shall serve terms of two years.
510.1.A The Chief Justice
510.1.B The Associate Chief Justice
510.1.C Three (3) Associate Justices
Art. V, sec. 510, cl. 2 Art. IV, sec. 2 Powers and duties of Council
67
The Judicial Council shall have the fol- POWERS AND DUTIES OF THE COUNCIL.
lowing powers and duties:
Art. V, sec. 510.2.A ——— Eliminated from document; superseded by
To act as the primary hearing board Board of Regents Handbook, Title 2, Ch. 6
for student misconduct under the Dis-
ciplinary Rules and Procedures of the
University of Nevada.
Art. V, sec. 510.2.B Art. IV, sec. 2(a)–(b) Power of Council to rule on constitutionality of
To interpret the Constitution of the (a) The judicial power shall extend to— acts
ASUN and all acts of the Senate upon (1) all cases which shall arise under
the request of the Executive Council or this Constitution and the laws of the Asso-
any member of the Senate or ASUN ciated Students; and
Member. (2) controversies among members of the
Association.
(b) The Council shall adjudicate all cases
where the constitutionality of an act of the
Senate, the President of the Association, or
any member of the Association is called into
question.
Art. V, sec. 510.2.C Art. IV, sec. 2(d) Power of Council to direct Senate’s reappor-
To direct the reapportionment of the (d) The Council shall have the authority to tionment when Senate fails to apportion its
Senate upon the failure of that body to direct the reapportionment of the Senate when seats
reapportion itself. that body fails to do so.
Art. V, sec. 510.2.D ——— Power of Council to rule on validity of elections;
To rule on the validity of all ASUN cases arising under laws of ASUN
elections in the case of a discrepancy.
Art. V, sec. 510.2.E ——— Eliminated from document; arbitration role of
68
To act as an arbitration board for any Council
cases referred to it from any organiza-
tion recognized by the ASUN.
Art. V, sec. 510.2.F Art. II, sec. 5(b) Council presides over impeachments; proposed
To chair impeachment hearings (b) The Senate shall have the power to try document rests this duty with Chief Justice
brought before the Senate. all impeachments. When sitting for that pur-
Chief Justice shall preside over impeachments
of executive officers. The Vice President shall
preside over impeachments of judicial officers.
No person shall be convicted without the con-
currence of two-thirds of the Senators present.
Art. V, sec. 520 Art. IV, sec. 1(b) Qualifications for justices to hold office
All justices must have at least junior (b) QUALIFICATIONS.—No person shall
standing, meet ASUN GPA requirements and be appointed a justice who has not completed
be in good disciplinary standing with the uni- 60 undergraduate credits and been a member
versity. of the Association for two consecutive semes-
ters.
Art. V, sec. 520, cl. 1 ——— Eliminated from document; provides for consti-
Chief Justice tutional duties of Chief Justice
520.1.A Presides at all meetings.
520.1.B Directs call of all meetings.
520.1.C Maintains council records.
520.1.D Must have at least one se-
mester of Judicial Council experience.
Art. V, sec. 520, cl. 2–5 ——— Eliminated from document; duties of Associate
520.2 Associate Chief Justice will as- Chief Justice; appointment of justices; selection
sume Chief Justice’s duties in his/her ab- of Chief and Associate Chief Justice
69
sence. The Associate Chief Justice must
have at least one semester of experience.
520.3 All new justices of the Student
Judicial Council should be elected by the
Senate before the term of the retiring jus-
tices expires.
520.4 The Chief Justice and Associate
Chief Justice shall be chosen by majority
vote of the Judicial Council.
520.5 All justices and alternates shall
attend at least one training session.
Art. V, sec. 530 Art. III, sec. 2(b) Appointment process for justices
The members of the Student Judicial (b) The President shall nominate and ap-
Council shall be chosen in the following man- point, provided two-thirds of the Senators pre-
ner: sent concur, justices of the Judicial Council
530.1 The Student Judicial Council, the and all other officers of the Associated Stu-
ASUN President, and the Speaker of the dents, whose appointments shall be estab-
Senate shall submit to the Senate two (2) lished by law: but the Senate may by law vest
names for each council opening. the appointment of such inferior officers in the
530.2 From the nominations given them, President alone, in the Judicial Council, or in
the Senate shall elect justices by a major- the heads of departments.
ity vote of the Senators present.
530.3 After vacant seats are filled, the
candidates with the next two highest votes
will be named alternates.
Art. V, sec. 540 Art. IV, sec. 1(a) Terms of justices
Tenure of office shall be two (2) years for (a) COMPOSITION AND TERM.—The
justices. Council shall consist of a Chief Justice of the
Associated Students and four associate jus-
tices, who shall serve terms of two years.
70
Art. V, sec. 550 Art. IV, sec. 4 Removal procedure of justices
Justices may be removed from office in the REMOVAL FROM OFFICE.
following manner: (a) The justices shall be removed from
550.1 The Executive Council or any office on impeachment for, and conviction of,
member of the Senate may impeach, for malfeasance, failure to discharge the powers
cause, one or more members of the council. and duties of office, or other offenses.
550.2 The Senate may then bring the
justice(s) to trial by a two thirds (2/3) vote
of the membership; and
550.3 The Senate will try and remove
with a three fourths (3/4) vote.
Art. V, sec. 560 Art. IV, sec. 3(a)–(b) Quorum of Council; number of justices to make
A quorum for disciplinary cases and ap- PROCEDURE. decision
peals from the Election Board shall consist of (a) QUORUM.—The quorum of the Coun-
four (4) members, and the quorum for ASUN cil to conduct business is a majority of the
related cases shall consist of five (5) members. membership.
A quorum must be present before a case can (b) DECISIONS.—The concurrence of
be heard. three justices is required to issue any decision
of the Council.
Art. V, sec. 570 ——— Eliminated from document; requirement of
The Chief Justice shall submit a written Chief Justice to report on cases to Senate
report each month of the disposition of cases
handled during the preceding month to the
Senate.
Art. V, sec. 580 Art. IV, sec. 3(d) Requirement to follow NSHE Code in hearing
All disciplinary cases shall follow the pro- (d) UNIVERSITY DISCIPLINARY PRO- disciplinary cases under university jurisdiction
cedure of Chapter VI, University and Com- CEEDINGS.—The Council shall follow the
munity College System of Nevada Code. All applicable provisions of the Nevada System of
71
other cases shall, whenever applicable, follow Higher Education Code with respect to Uni-
the procedure of the Division Hearing Com- versity disciplinary proceedings.
mittee as outlined in that chapter.
Art. VI, sec. 600 Art. V, sec. 1 Constitutional amendment, procedures
Amendment of this constitution shall re- AMENDMENT.
quire the following procedure: (a) The Senate, whenever two-thirds shall
600.1 Proposal by a two thirds (2/3) deem it necessary, shall propose amendments
vote of the Senate membership, or to this Constitution, or, on the petition of 10
600.2 Proposal by a petition signed by percent of the membership of the Association,
ten percent (10%) of the ASUN member- shall place an amendment on the ballot.
ship, with at least one percent (1%) of the (b) In either case, an amendment shall be
signatures from each college; and valid as part of this Constitution when ratified
600.3 Approval by a two thirds (2/3) af- by two-thirds of the students voting on the
firmative vote of those voting in the ASUN question in an election and when assented to
general election. by the Board of Regents of the Nevada System
600.4 Approval by the University and of Higher Education.
Community College System of Nevada
Board of Regents.
Art. VI, sec. 610 Art. II, sec. 5 Impeachment, procedure
Impeachment IMPEACHMENTS.
610.1 Definition (a) The Senate shall have the power of
610.1.A Any ASUN officer or senator impeachment.
shall be liable to impeachment for mal- (b) The Senate shall have the power to try
feasance in office. all impeachments. When sitting for that pur-
610.1.B Judgment shall be limited to pose, they shall be on oath or affirmation. The
removal from office and disqualification Chief Justice shall preside over impeachments
to hold any other ASUN office. of executive officers. The Vice President shall
610.2 Procedures preside over impeachments of judicial officers.
610.2.A Document proof or supported No person shall be convicted without the con-
allegations of malfeasance may be pre- currence of two-thirds of the Senators present.
72
sented to, or realized by (in the case of (b) Judgment in cases of impeachment
excessive unexcused absences) the Ex- shall not extend further than removal from
ecutive Council for review. office, and disqualification to hold any office of
610.2.B Upon cause, the Executive honor, trust or profit under the Associated
Council must act upon charges and re- Students.
fer the case to the Senate Rules and Ac-
tion Committee for any evidentiary
hearing.
610.2.C Upon hearing from the ac-
cused and the accuser(s), the Senate
Rules and Actions Committee shall ei-
ther dismiss the case or present it to
the Senate, which may impeach the ac-
cused by a two thirds (2/3) vote.
610.3 Hearing
610.3.A The Chief Justice and the
ASUN Judicial Council will chair the
impeachment hearings before the Sen-
ate.
610.3.B The accused and the ac-
cuser(s) shall be allowed to present
their case.
610.3.C The accused will be removed
from office by a three fourths (3/4) vote
of the Senate membership.
Art. VI, sec. 620 Art. V, sec. 2 Recall election, procedure
Recall RECALL ELECTIONS.
620.1 Definition (a) All elected members of this government
620.1.A All the ASUN officers or are subject to recall from office by election, but
senators are subject to recall by mem- no person shall be recalled from office without
73
bers of the ASUN. first serving two months.
620.1.B No officer or senator may be (b) PROCEDURES.—
subject to recall before he/she has held (1) A petition of half of the number of
office for two (2) months. students who voted in the previous election
620.2 Procedures—College Senators of the officer or senator to be recalled is re-
620.2.A A petition with the signa- quired to order a recall election.
tures of fifty percent (50%) of the col- (2) If the petition qualifies, a special
lege members that voted in the election shall be held within three weeks.
previous election in the college of the (3) The concurrence of a majority of the
senator in question must be presented students voting in the election shall be re-
to the ASUN Judicial Council for verifi- quired to recall an officer or senator.
cation. (4) A vacancy created by recall shall be
620.2.B Upon verification, ASUN will filled by special election within two weeks
hold a special election within three (3) of the recall.
weeks from the date the petition was
submitted to the Judicial Council.
620.2.C The reasons for recall as
stated on the petition shall be printed
on the ballot.
620.2.D Recall shall require a two
thirds (2/3) vote of the total number of
students who signed the recall petition.
620.2.E If a senator is recalled then
primary and general elections as
needed shall be held within two (2)
weeks and solely within the member-
ship of that college.
620.3 Procedures—Officers Elected At
Large
620.3.A A petition with the signa-
74
tures of fifty percent (50%) of the
ASUN members that voted in the pre-
vious election must be presented to the
ASUN Judicial Council for verification.
620.3.B Upon verification, ASUN will
hold a special election within three (3)
on the ballot.
620.3.E If an at large officer is re-
called, then primary and general elec-
tions as needed shall be held within
two (2) weeks with the ASUN voting at
large.
620.3.F At large shall mean any
ASUN elective officer whose constitu-
ency comes from more than one (l) uni-
versity college.
Art. VI, sec. 630 Art. V, sec. 3–4 Procedure for initiative and referenda
Initiative and Referendum SEC. 3 INITIATIVE.
630.1 Any statute, resolution or enact- (a) Any item of enactment may be put to a
ment may be put to a vote of the student vote of the students by petition. No measure
body. repealing a prior action shall be done by initia-
630.2 Procedures tive.
630.2.A A petition with the signa- (b) PROCEDURES.—
tures of fifty percent (50%) of the total (1) A petition of half of the number of
75
number of ASUN members that voted the students who turned out to the polls at
in the previous election must be pre- the general election shall be required to
sented to the Judicial Council for verifi- place an item of enactment on the ballot.
cation. (2) A measure that qualifies shall be
630.2.B Upon verification ASUN shall placed before the students in the next gen-
be charged with the duty of submission eral election.
of the question to the voters at the next (3) A majority of the students voting on
succeeding election. the question shall be required for its adop-
630.2.C Approval shall require a two tion.
thirds (2/3) vote of the total number of SEC. 4. REFERENDA.
students who signed the initia- (a) A referendum shall be used to repeal
tive/referendum petition. any item of enactment of the Senate.
(b) PROCEDURES.—
(1) A petition of half of the number of
the students who turned out to the polls at
the general election shall be required to
place an item of enactment on the ballot.
(2) A measure that qualifies shall be
placed before the students in the next gen-
eral election.
(3) A majority of the students voting on
the question shall be required for its adop-
tion.
Art. VI, sec. 640 Art. I, sec. 3 Fiscal procedures required by Board of Regents
Fiscal Procedures FISCAL PROCEDURES.
640.1 ASUN shall follow System and (a) The ASUN shall follow System and
University fiscal policies when expending University fiscal policies when expending stu-
student government fees collected by the dent government fees collected by the Board of
Board of Regents and the revenue gener- Regents and the revenue generated therefrom.
ated therefrom.
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Art. VII, sec. 700 Art. VI, sec. 1 Implementation clause
This constitution, upon its approval by the This Constitution, upon its approval by the
ASUN and the Board of Regents of the Uni- Associated Students, in general election, and
versity and Community College System of the Board of Regents of the Nevada System of
Nevada, effective April, 1990, shall supersede Higher Education, shall supersede the current
the constitution of the ASUN, with all its constitution with all its amendments.
amendments.
TABLE 4. TABLE SHOWING DISPOSITION OF TEXT OF PROPOSED CONSTITUTION.
Preamble Art. I, sec. 110 Purpose of Association; establishment of gov-
WE, THE UNDERGRADUATE STUDENTS The purpose of the ASUN shall be: ernment through constitution
OF THE UNIVERSITY OF NEVADA, in order 110.1 To provide means for responsible
to form a more perfect association, advance and effective student participation in the
our interests, set forth our duties, and provide organization and control of student affairs;
for meaningful participation in the governance 110.2 To provide an official and repre-
of our University, do hereby establish this sentative student organization with pow-
Constitution for the Associated Students. ers to receive complaints, investigate
student problems, and participate in deci-
sions involving students;
110.3 To take action in the best interest
77
of the student body and the university
community;
110.4 To provide an official voice
through which student opinion may be ex-
pressed;
110.5 To provide means whereby stu-
dents may gain experience and training in
responsible political participation and
community leadership; and
110.6 To foster awareness of the stu-
dent’s role in the campus, local, state, na-
tional and international communities.
This Association shall be known as the Asso- This Association shall be known as the
ciated Students of the University of Nevada, Associated Students of the University of Ne-
Reno, hereinafter referred to as the ASUN, vada, Reno, hereafter referred to as the
the Associated Students, or the Association. ASUN.
Art. I, sec. 1(a) Art. I, sec. 120 Definition of membership, automatic
(a) MEMBERSHIP.—Membership in the Membership in the ASUN shall be auto-
Association is automatic for students regis- matic for undergraduate students registered
tered for at least one undergraduate credit. for one (1) or more credits.
Art. I, sec. 1(b) Art. I, sec. 140 General qualifications to hold office for elected
(b) QUALIFICATIONS TO HOLD OF- All elected members of this government and appointed members
FICE.—All members of the government of the shall at the time of election and throughout
Association, at the time of their election or their term be enrolled in at least seven (7)
appointment and throughout their terms, undergraduate credits and have at least a
shall meet the general qualifications as fol- 2.50 grade point average. All appointed mem-
lows: bers of this government shall at the time of
78
(1) Maintain a minimum 2.5 cumula- appointment and throughout their term be
tive grade point average. enrolled in at least seven (7) undergraduate
(2) Be enrolled in at least seven un- credits and have at least a 2.20 grade point
dergraduate credits. average.
(3) Be a student who is not under any
university disciplinary probation, suspension
or expulsion.
Art. 1, sec. 1(c) Art. I, sec. 150 Date of general election; date terms of office
(c) ELECTION AND TERMS.—A general All members of the ASUN government begin
election shall be held on the Wednesday and shall be elected in the general election on the
Thursday on or preceding March 15 and those Wednesday and Thursday on or preceding
elected shall take office on the Wednesday March 15; they shall take office on the
closest to April 15. Wednesday closest to April 15.
Art. I, sec. 1(d) Art. I, sec. 160 Limitation on holding more than one office
(d) LIMITATION ON HOLDING OF- No member of the government may hold
FICE.—No person shall hold more than one more than one elective ASUN position at any
elected or appointed office at any one time. one time.
Art. I, sec. 1(e) Art. IV, sec. 410.2.E Elected officials to receive compensation; limi-
(e) COMPENSATION.—The elected mem- To set the wages of the ASUN officers and tation on increases; subject to voter approval
bers of this government shall receive a com- senators at least a month before their elec-
pensation to be set by law. Any increase in tion. Any increase shall be subject to approval
compensation will take effect after the next by a majority vote of the students voting in
intervening general election, which shall be the election.
subject to approval by a majority vote of the
students voting in the election on that ques-
tion.
Art. I. sec. 2 ——— Not in existing constitution; requirement to
(a) The Senators and members of the ex- take oath to support constitution before taking
79
ecutive and judiciary of this government, be- office
fore entering into office, shall take an oath to
support this Constitution.
Art. I, sec. 3 Art. VI, sec. 640 Requirement to follow System and University
FISCAL PROCEDURES. Fiscal Procedures policies on fiscal matters
(a) The ASUN shall follow System and 640.1 ASUN shall follow System and
University fiscal policies when expending University fiscal policies when expending
student government fees collected by the student government fees collected by the
Board of Regents and the revenue generated Board of Regents and the revenue gener-
therefrom. ated therefrom.
Art. II, sec. 1 Art. II, sec. 200 Establishment of legislative branch, Senate
The legislative power of the Association shall The legislative branch shall be known as
be vested in a Senate of the Associated Stu- the Senate of the Associated Students of the
dents. University of Nevada, Reno, hereafter re-
ferred to as the Senate.
Art. II, sec. 1(a) Art. II, secs. 210, 230 Size of Senate; one-year terms
(a) COMPOSITION AND TERM.—The Section 210 The Senate shall be composed
Senate shall be composed of not more than of not more than twenty-two (22) members of
twenty-two Senators, who shall be elected to a the ASUN, as follows:
term of one year.
Section 230 Term of office shall be one year
for members of the ASUN Senate. ASUN
Senators may run for an additional term(s).
Art. II, sec. 1(b) Art. II, sec. 220 Apportionment of seats by population
(b) APPORTIONMENT OF SEATS.— Every two (2) years, the Senate shall rees-
Each college and school shall have at least one tablish the number and the apportionment of
seat. Thereafter, the seats shall be appor- the senators. This shall be done by a two
tioned among the colleges and schools propor- thirds (2/3) vote of the Senate membership.
80
tionally according to their respective
enrollment numbers. The apportionment and
number shall be set by law every two years.
Art. II, sec. 1(c) Requirement to be in college from which mem-
(c) QUALIFICATIONS.—No person shall ber is elected
be eligible to be elected to the Senate who is
not a member of the college or school from
which that person is elected.
Art. II, sec. 1(d) Art. II, sec. 250, cl. 12 Power of Senate to fill vacancies; requirement
(d) VACANCIES.—When vacancies occur To fill any vacancies in the ASUN gov- to hold special elections when 1/3 of Senate is
in the Senate, those seats shall be filled as the ernment not otherwise provided for. vacant
Senate by law provides. When one-third of the
Senate is vacant, the Senate shall fill such
vacancies by special election, to be held as the
Senate by law provides.
Art. II, sec. 1(e) Art. II, sec. 270 Power of Senate to choose Speaker, other offi-
(e) OFFICERS.—The Senate shall choose The Senate at its first organizational meet- cers
its Speaker and other officers. ing shall elect from its membership a Speaker
who shall serve as presiding officer and who
shall have the following powers and duties:
Art. II, sec. 2(a) ——— Not in present document; power of Senate to
(a) The Senate shall be the judge of the seat members, judge its elections
elections, returns and qualifications of its own
members.
Art. II, sec. 2(b) Art. II, sec. 290 Quorum of Senate is two-thirds of membership
(b) QUORUM.—A quorum to do business The Senate must have a quorum of two
is two-thirds of the membership. thirds (2/3) of its membership to conduct
81
business.
Art. II, sec. 2(c) Art. II, sec. 250, cl. 14 Power of Senate to establish rules; to punish its
(c) RULES AND DISCIPLINE.—The The ASUN Senate shall be the sole judge of members; expulsion requires two-thirds vote
Senate may determine the rules of its proceed- its own members and may discipline its mem-
ings and punish its members for disorderly or bers for any conduct unbecoming a member of
inappropriate behavior as it sees fit. In the that body. The member may be censured by a
instance of expulsion, the concurrence of two- majority vote of members present and may be
thirds of the Senators present is required. expelled by a two thirds (2/3) vote of those
elected.
Art. II, sec. 3 Art. II, sec. 250 Powers of the Senate
POWERS, DUTIES AND LIMITATIONS OF The Senate shall have the following powers
THE SENATE. and duties:
(a) The Senate shall have the following
powers and duties:
Art. II, sec. 3(a)(1) Art. II, sec. 250, cl. 1–5 Power of the Senate to enact laws
(1) To make all laws and regulations 250.1 To enact and amend statutes.
necessary and proper for the ASUN. Statutes will here designate those laws,
which implement provisions of the Consti-
tution.
250.2 To endorse resolutions. Resolu-
tions shall be formal expressions of opin-
ion, will, or intent.
250.3 To formulate policies. Policies
shall be defined as provisions and limita-
tions on administrative procedure.
250.4 To make recommendations. Rec-
ommendations shall be expressions of ap-
82
proval, disapproval, or advice.
250.5 To issue directives. Directives
shall state actions to be taken by executive
officers or ASUN boards.
Art. II, sec. 3(a)(2) Art. IV, sec. 410 Senate’s power of the purse; requirement to
(2) To set a budget for the ASUN, but The Fiscal Allocations Board shall have in publish a statement of revenues and expendi-
no money shall be spent from the treasury its charge and control the administration of tures
without appropriations made by law; a all ASUN funds to include, but not limited to,
regular statement and account of receipts ASUN fee revenues, savings, investments and
and expenditures of all public money shall all other funds from whatever sources.
be published annually at a minimum.
Art. II, sec. 3(a)(3) Art. II, sec. 250, cl. 9 Power of Senate to recognize organizations; to
(3) To establish a policy with respect to To grant or refuse recognition to all student set policy related thereto
the recognition of student organizations. organizations.
Art. II, sec. 3(b) Art. II, sec. 260, cl. 3 Limitations of Senate’s powers; inability to
(b) The Senate shall not do the following: Disapproval may not be made of enter- rescind signed contracts; inability to adjust
(1) Rescind contracts, once signed. tainment contracts, once signed, or of pro- certain salaries
(2) Disapprove the salaries and con- fessional and classified contracts and
tracts of classified and professional staff. salaries.
Art. II, sec. 4(a) ——— Not in existing constitution; requirement to
(a) PRESENTMENT TO PRESIDENT.— present President with bills for action
Every bill which shall have passed the Senate
shall, before it becomes a law, be presented to
the President of the Associated Students.
Art. II, sec. 4(b) Art. III, sec. 320, cl. 5 Power of President to veto; requirement that
(b) APPROVAL; VETO.—If the President To veto any act, in part or in whole, en- Senate enter President’s objections in its re-
83
approves the bill, he shall sign it. If not, he acted by Senate. If neither signed, nor vetoed, cords
shall return it, with his objections, to the Sen- the act becomes effective in ten (10) days fol-
ate, who shall enter the objections in their lowing its passage.
records, and proceed to reconsider it.
Art. II, sec. 4(c) Art. II, sec. 250, cl. 7 Power of Senate to override President’s veto
(c) RECONSIDERATION.—If, after re- To override the ASUN President’s veto
consideration, two-thirds of the Senators pre- by a two thirds (2/3) vote of the members
sent agree to pass the bill, it shall become a present.
law.
Art. II, sec. 4(d) Art. III, sec. 320, cl. 5 Time limit on veto; pocket veto; bill becomes
(d) TIME LIMIT ON VETO.—If any bill To veto any act, in part or in whole, en- law without action
shall not be returned by the President within acted by Senate. If neither signed, nor vetoed,
five working days after it shall have been the act becomes effective in ten (10) days fol-
presented to him or her, the same shall be a lowing its passage.
law, as if he or she had signed it, unless the
Senate by their adjournment prevent its re-
turn, in which case it shall not be a law.
Art. II, sec. 4(e) ——— Not in existing constitution; president’s line
(e) LINE ITEM VETO; RECONSIDERA- item veto power; limitations; Senate reconsid-
TION.—The President may reduce or elimi- eration; President has unqualified veto author-
nate one or more items of appropriation while ity in present document
approving other portions of a bill. The Presi-
dent shall append to the bill a statement of
the items reduced or eliminated with the rea-
sons for the action. The President shall
transmit to the Senate a copy of the statement
and reasons. Items reduced or eliminated
shall be separately reconsidered and may be
passed over the President’s veto in the same
84
manner as bills.
Art. II, sec. 5(a) Art. II, sec. 610.2.C Power of the Senate to impeach
(a) The Senate shall have the power of Upon hearing from the accused and
impeachment. the accuser(s), the Senate Rules and
Actions Committee shall either dismiss
the case or present it to the Senate,
which may impeach the accused by a
two thirds (2/3) vote.
Art. II, sec. 5(b) Art. II, sec. 250, cl. 10 Power of Senate to try impeachments; Senators
(b) The Senate shall have the power to try To try any elected officer of the ASUN upon sit as jurors; presiding officers; conviction re-
all impeachments. When sitting for that pur- his/her impeachment. quires two-thirds vote
Chief Justice shall preside over impeachments Art. II, sec. 610 (various clauses)
of executive officers. The Vice President shall 610.2.C Upon hearing from the ac-
preside over impeachments of judicial officers. cused and the accuser(s), the Senate
No person shall be convicted without the con- Rules and Actions Committee shall ei-
currence of two-thirds of the Senators present. ther dismiss the case or present it to
the Senate, which may impeach the ac-
cused by a two thirds (2/3) vote.
610.3 Hearing
610.3.A The Chief Justice and the
ASUN Judicial Council will chair the
impeachment hearings before the Sen-
ate.
Art. II, sec. 5(c) Art. II, sec. 610.1.B Extent of judgment in impeachments; prohibi-
(c) Judgment in cases of impeachment Judgment shall be limited to removal tion to hold office under ASUN
85
shall not extend further than removal from from office and disqualification to hold
office, and disqualification to hold any office of any other ASUN office.
honor, trust or profit under the Associated
Students.
Art. III, sec. 1 Art. III, sec. 300 Executive power vested in President and Vice
The executive power of the Association shall The executive branch of the ASUN shall President; elected together for one-year terms
be vested in a President of the Associated consist of the following officers:
Students, who shall be elected together with a 300.1 The ASUN President,
Vice President for a term of one year. 300.2 The ASUN Executive Vice Presi-
dent,
300.3 The Speaker of the Senate,
300.3A The Vice President for Clubs
and Organizations,
300.4 The Vice President for Program-
ming.
Art. III, sec. 1(a) Art. III, sec. 360 Requirements for executives to hold office
(a) ELIGIBILITY.— The executive officers must have these ad-
(1) No person shall be eligible to be ditional qualifications:
elected to the office of President who has 360.1 The ASUN Speaker of the Senate
not completed 60 undergraduate credits shall meet the qualifications of Senator.
and been a member of the Association for 360.2 The ASUN Executive Vice Presi-
two consecutive semesters. dent, ASUN Vice President for Clubs and
(2) No person shall be eligible for the organizations, and Vice President for Pro-
office of the Vice President who has not gramming shall have completed at least 45
completed 45 undergraduate credits and undergraduate credits upon filing for elec-
been a member of the Association for two tive office.
consecutive semesters. 360.3 The ASUN President shall have
completed at least 60 undergraduate cred-
86
its upon filing for elective office.
360.4 Membership in the ASUN for any
two (2) semesters including the semester
during which the election is held.
Art. III, sec. 1(b) ——— Not in existing constitution; resident elected by
(b) ELECTION; TERM OF OFFICE.— majority vote
The President and Vice President shall be
elected by a majority of the students voting in
the election.
Art. III, sec. 1(c) Art. III, sec. 330, cl. 5 Line of succession; Senate sets further succes-
(c) VACANCY.— To serve as the ASUN President in the sion order; when vice presidency vacancy,
(1) Whenever the office of President incapacity of the ASUN President or vacancy President nominates replacement; Senate con-
becomes vacant, the Vice President shall of that office. firmation
become President. The Senate shall estab-
lish the further lawful succession order.
(2) Whenever there is no Vice Presi-
dent, the President shall nominate a Vice
President who shall take office upon con-
firmation by a two-thirds vote of the Sen-
ate.
Art. III, sec. 1(d) ——— Not in existing constitution; power of President
(d) DECLARATION OF DISABILITY BY to temporarily transfer power to Vice President
PRESIDENT.—The President may transmit
to the Speaker of the Senate a written decla-
ration that he or she is unable to perform the
powers and duties of the office. Until the
President transmits a written declaration to
the contrary, such powers and duties shall be
executed by the Vice President as Acting
87
President.
Art. III, sec. 1(e) ——— Not in existing constitution; prohibition on
(e) COMPENSATION.—The President’s increasing or decreasing President’s compensa-
compensation shall not be increased or de- tion during term
creased during his or her term.
Art. III, sec. 1(f) ——— Requirement of President to take constitutional
(f) OATH OF OFFICE.—Before entering oath before entering office
into office, the President shall take the follow-
ing oath or affirmation: “I, AB, do solemnly
swear (or affirm) that I will faithfully execute
the office of President, and will to be best of
my ability preserve and protect the Constitu-
tion of the Associated Students of the Univer-
sity of Nevada.”
POWERS AND DUTIES OF THE PRESI- The powers and duties of the ASUN Presi-
DENT. dent shall be:
Art. III, sec. 2(a) ——— Not in existing constitution; power of Senate to
(a) The President shall have the power to enter into agreements; Senate’s power to regu-
enter into agreements on behalf of the Associ- late
ated Students as the Senate may by law pro-
vide.
Art. III, sec. 2(b) Art. III, sec. 320, cl. 4 President’s appointment power; Senate’s power
(b) The President shall nominate and To make all appointments except those of confirmation
appoint, provided two-thirds of the Senators specifically designated to another officer.
present concur, justices of the Judicial Council
88
Art. III, sec. 2(c) ——— President’s recess appointment power; terms
(c) The President shall fill vacancies that end when Senate reconvenes
occur during the recess of the Senate by grant-
ing commissions which shall expire once the
Senate reconvenes.
Art. III, sec. 2(d) ——— Duty of President to give to Senate information
(d) The President shall give to the Senate on state of ASUN; power of President to pro-
information of the state of the Association, pose measures to Senate
and recommend to their consideration such
measures as he or she shall judge necessary
and expedient.
Art. III, sec. 2(e) Art. III, sec. 330, cl. 3 Duty of President to submit budget to Senate;
(e) The President shall submit a proposed To prepare a general budget for his/her duty of Executive Vice President under current
budget to the Senate. term of office, which shall be presented to constitution
the Fiscal Allocations board. This budget
shall be printed and made available to all
members of the ASUN prior to September
1.
Art. III, sec. 2(f) Art. III, sec. 400.2.A Power of President to convene Senate
(f) The President may convene the Senate To call special assemblies of the
on extraordinary occasions. ASUN.
89
Art. III, sec. 2(g) ——— Duty that President ensure laws are faithfully
(g) The President shall take care that the executed
laws be faithfully executed.
Art. III, sec. 3 ——— President liable to impeachment for certain
REMOVAL FROM OFFICE. offenses
(a) The President, Vice President and all
other executive officers of the Associated Stu-
dents shall be removed from office on im-
peachment for, and conviction of, malfeasance,
failure to discharge the powers and duties of
office, or other offenses.
Art. IV, sec. 1 Art. V, sec. 500 Establishment of judicial branch; Judicial
The judicial authority of the Association shall The Judicial Branch of the ASUN shall Council
rest with a Judicial Council of the Associated function through:
Students. 500.1 The Student Judicial Council
Art. IV, sec. 1(a) Art. V, sec. 510, cl. 1 Composition of Council; two-year terms
(a) COMPOSITION AND TERM.—The The Council shall consist of five (5)
Council shall consist of a Chief Justice of the members and such advisors and adminis-
Associated Students and four associate jus- trative representation as it shall deem
tices, who shall serve terms of two years. necessary.
510.1.A The Chief Justice
510.1.B The Associate Chief Justice
510.1.C Three (3) Associate Justices
Art. IV, sec. 1(b) Art. V, sec. 520 Qualifications to hold office
(b) QUALIFICATIONS.—No person shall All justices must have at least junior stand-
be appointed a justice who has not completed ing, meet ASUN GPA requirements and be in
60 undergraduate credits and been a member good disciplinary standing with the univer-
of the Association for two consecutive semes- sity.
90
ters.
Art. IV, sec. 1(c) Art. V, sec. 520 Requirement that justices be in good University
(c) REQUIREMENT OF GOOD STAND- All justices must have at least junior stand- disciplinary standing
ING.—A justice may not continue to serve in ing, meet ASUN GPA requirements and be in
office who is not in good disciplinary standing good disciplinary standing with the univer-
with the University. sity.
Art. IV, sec. 1(d) ——— Not in existing constitution; prohibition on
(d) PROHIBITION ON HOLDING holding other office
OTHER OFFICE.—No person may be concur-
rently a member of the Council and a member
of any other branch of government. No person
may be an employee under the authority of
the Associated Students.
Art. IV, sec. 1(e) ——— Justices to receive compensation, which cannot
(e) COMPENSATION.—Justices shall be decreased during their terms
receive a compensation for their services,
which shall not be decreased during their
continuation in office.
Art. IV, sec. 2(a) Art. V, sec. 510.2.B Extent of judicial power; cases under Constitu-
(a) The judicial power shall extend to— To interpret the Constitution of the tion and laws, controversies among members
(1) all cases which shall arise under ASUN and all acts of the Senate upon
this Constitution and the laws of the Asso- the request of the Executive Council or
ciated Students; and any member of the Senate or ASUN
(2) controversies among members of Member.
the Association.
Art. IV, sec. 2(b) Art. V, sec. 510.2.B Power of Council to adjudicate cases presenting
(b) The Council shall adjudicate all cases To interpret the Constitution of the constitutional questions
91
where the constitutionality of an act of the ASUN and all acts of the Senate upon
Senate, the President of the Association, or the request of the Executive Council or
any member of the Association is called into any member of the Senate or ASUN
question. Member.
Art. IV, sec. 2(c) Art. V, sec. 510.2.B Power of Council to interpret acts of Senate
(c) The Council shall have the authority to To interpret the Constitution of the
interpret acts of the Senate. ASUN and all acts of the Senate upon
the request of the Executive Council or
any member of the Senate or ASUN
Member.
Art. IV, sec. 2(d) Art. V, sec. 510.2.C Power of Council to apportion Senate when it
(d) The Council shall have the authority To direct the reapportionment of the fails to do so
to direct the reapportionment of the Senate Senate upon the failure of that body to
when that body fails to do so. reapportion itself.
Art. IV, sec. 3(a) Art. V, sec. 560 Quorum of Council; majority of membership
(a) QUORUM.—The quorum of the Coun- A quorum for disciplinary cases and ap-
cil to conduct business is a majority of the peals from the Election Board shall consist of
membership. four (4) members, and the quorum for ASUN
related cases shall consist of five (5) members.
A quorum must be present before a case can
be heard.
Art. IV, sec. 3(b) ——— Requirement that three justices concur to ren-
(b) DECISIONS.—The concurrence of der decision
three justices is required to issue any decision
of the Council.
Art. IV, sec. 3(c) ——— Power of Senate to establish rules relating to
92
(c) The Senate may by law establish such the Council
rules and procedures necessary for the opera-
tion of the Council, but may delegate such
rulemaking authority to the Council.
Art. IV, sec. 3(d) Art. V, sec. 580 Requirement that System Code followed when
(d) UNIVERSITY DISCIPLINARY PRO- All disciplinary cases shall follow the pro- Council hears University disciplinary matters
CEEDINGS.—The Council shall follow the cedure of Chapter VI, University and Com-
applicable provisions of the Nevada System of munity College System of Nevada Code. All
Higher Education Code with respect to Uni- other cases shall, whenever applicable, follow
versity disciplinary proceedings. the procedure of the Division Hearing Com-
mittee as outlined in that chapter.
Art. IV, sec. 4 Art. V, sec. 550 Justices liable to impeachment for certain of-
REMOVAL FROM OFFICE. Justices may be removed from office in the fenses
(a) The justices shall be removed from following manner:
office on impeachment for, and conviction of, 550.1 The Executive Council or any
malfeasance, failure to discharge the powers member of the Senate may impeach, for
and duties of office, or other offenses. cause, one or more members of the council.
550.2 The Senate may then bring the
justice(s) to trial by a two thirds (2/3) vote
of the membership; and
550.3 The Senate will try and remove
with a three fourths (3/4) vote.
Art. V, sec. 1 Art. VI, sec. 600 Constitutional amendment, procedure
AMENDMENT. Amendment of this constitution shall re-
(a) The Senate, whenever two-thirds shall quire the following procedure:
deem it necessary, shall propose amendments 600.1 Proposal by a two thirds (2/3)
to this Constitution, or, on the petition of 10 vote of the Senate membership, or
percent of the membership of the Association, 600.2 Proposal by a petition signed by
shall place an amendment on the ballot. ten percent (10%) of the ASUN member-
93
(b) In either case, an amendment shall be ship, with at least one percent (1%) of the
valid as part of this Constitution when ratified signatures from each college; and
by two-thirds of the students voting on the 600.3 Approval by a two thirds (2/3) af-
question in an election and when assented to firmative vote of those voting in the ASUN
by the Board of Regents of the Nevada System general election.
of Higher Education. 600.4 Approval by the University and
Community College System of Nevada
Board of Regents.
Art. V, sec. 2 Art. VI, sec. 620 Recall election, procedure
RECALL ELECTIONS. Recall
(a) All elected members of this govern- 620.1 Definition
ment are subject to recall from office by elec- 620.1.A All the ASUN officers or
tion, but no person shall be recalled from senators are subject to recall by mem-
office without first serving two months. bers of the ASUN.
(b) PROCEDURES.— 620.1.B No officer or senator may be
(1) A petition of half of the number of subject to recall before he/she has held
students who voted in the previous election office for two (2) months.
of the officer or senator to be recalled is re- 620.2 Procedures—College Senators
quired to order a recall election. 620.2.A A petition with the signatures
(2) If the petition qualifies, a special of fifty percent (50%) of the college
election shall be held within three weeks. members that voted in the previous
(3) The concurrence of a majority of election in the college of the senator in
the students voting in the election shall be question must be presented to the
required to recall an officer or senator. ASUN Judicial Council for verification.
(4) A vacancy created by recall shall be 620.2.B Upon verification, ASUN will
filled by special election within two weeks hold a special election within three (3)
of the recall. weeks from the date the petition was
94
on the ballot.
620.2.E If a senator is recalled then
primary and general elections as
needed shall be held within two (2)
weeks and solely within the member-
ship of that college.
620.3 Procedures—Officers Elected At
Large
620.3.A A petition with the signatures
of fifty percent (50%) of the ASUN
members that voted in the previous
election must be presented to the
ASUN Judicial Council for verification.
620.3.B Upon verification, ASUN will
hold a special election within three (3)
on the ballot.
620.3.E If an at large officer is re-
called, then primary and general elec-
tions as needed shall be held within two
95
(2) weeks with the ASUN voting at
large.
620.3.F At large shall mean any
ASUN elective officer whose constitu-
ency comes from more than one (l) uni-
versity college.
Art. V, secs. 3–4 Art. VI, sec. 630 Popular initiative and referenda, procedures
SEC. 3 INITIATIVE. Initiative and Referendum
(a) Any item of enactment may be put to a 630.1 Any statute, resolution or enact-
vote of the students by petition. No measure ment may be put to a vote of the student
repealing a prior action shall be done by ini- body.
tiative. 630.2 Procedures
(b) PROCEDURES.— 630.2.A A petition with the signatures
(1) A petition of half of the number of of fifty percent (50%) of the total num-
the students who turned out to the polls at ber of ASUN members that voted in the
the general election shall be required to previous election must be presented to
place an item of enactment on the ballot. the Judicial Council for verification.
(2) A measure that qualifies shall be 630.2.B Upon verification ASUN shall
placed before the students in the next gen- be charged with the duty of submission
eral election. of the question to the voters at the next
(3) A majority of the students voting succeeding election.
on the question shall be required for its 630.2.C Approval shall require a two
adoption. thirds (2/3) vote of the total number of
SEC. 4. REFERENDA. students who signed the initia-
(a) A referendum shall be used to repeal tive/referendum petition.
any item of enactment of the Senate.
(b) PROCEDURES.—
(1) A petition of half of the number of
the students who turned out to the polls at
the general election shall be required to
96
place an item of enactment on the ballot.
(2) A measure that qualifies shall be
placed before the students in the next gen-
eral election.
(3) A majority of the students voting on
the question shall be required for its adop-
tion.
Art. VI, sec. 1 Art. VII, sec. 700 Implementation clause
This Constitution, upon its approval by the This constitution, upon its approval by the
Associated Students, in general election, and ASUN and the Board of Regents of the Uni-
the Board of Regents of the Nevada System of versity and Community College System of
Higher Education, shall supersede the current Nevada, effective April, 1990, shall supersede
constitution with all its amendments. the constitution of the ASUN, with all its
amendments.

ASUN Senate Report 74-25

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ASUN Senate Report 74-25

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74TH SESSION

2006–2007 } ASUN SENATE { REPORT

PROPOSING AN AMENDMENT TO THE CONSTITUTION OF THE

JANUARY 19, 2007—Reported to the Senate and ordered printed

Mr. MCDONALD, from the Committee on Rules and Actions,

[To accompany CA-0607-A]

The Committee on Rules and Actions, having had under considera-

BACKGROUND AND CONTEXT

GREEN APPLICATION FOR MEMBER AT LARGE STATUS

Section 600 Amendment of this constitution shall re-

We also further present the following incidental and supplemental

ADDITIONAL VIEWS OF SEN. BEN HANSEN

ADDITIONAL VIEWS OF SEN. ALEX GEVEDON

ADDITIONAL VIEWS OF SEN. JOE PERREIRA

The following are problems I see with the current document:

• Limits the responsiveness of our government

In correcting these problems, this document utilizes the fol-

Clubs and Organizations

Separation of Duties and Responsibilities

Hierarchy of Executive Branch

Adaptability, Clarity and Timelessness

(g) The President shall take care that the

(d) TIME LIMIT ON VETO.—If any bill

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