Associated Student Government (ASG) saw itself facing an internal, inter-institutional battle Thursday, with ramifications affecting not only student court's oversight of ASG senate functioning, but the ability to determine election results. The Sept. 30 court ruling sided against seated Heritage Commons student senator Ian Vita, upheld the secondary election victory of Lauren Miller and led the senate to pass a legislative act nullifying the court's decision. This act maintained Vita's senate seat, overruled the court standing, and caused ASG president Mike Scott to react by-among other things-changing the locks on the doors of the ASG office in the Shriver Center and freezing fiscal resources. The editorial board of The Miami Student not only believes that Scott overreacted in his response to the senate's decision, but that the senate's decision to pass a nullification act was unequivocally the correct action when faced with the court's decision.
First, Scott's attempt to use executive orders to enforce a legal stewardship on the senate was incorrect and displayed a lack of strategic and political foresight. By issuing executive orders and physically leaving the assembly in order to lock down the ASG office, he eliminated any chance of further dialogue between himself and the senate. For the president of the student body, his inability to sense the mood of his peers in senate and his cabinet threatens to alienate their cooperation in the future and poises himself and ASG advisers against an elected body. His actions Thursday caused an immediate cessation of dialogue that could have better mediated the difficult situation, and allowed the disagreement to move from aggravating to a near collapse of student government.
Scott, on the other hand, argues that his actions were necessary to prevent the dangerous precedent of overruling student court. True as this may be in other situations, this scenario is unique.
The court's ruling, which upheld the second election, would have forced the senate to ignore its own by-laws-setting a precedent that would negatively impact the credibility of ASG and diminish the legitimacy of senate elections by instilling doubt in the student body's perception of senate leadership and control. ASG is at a point where real change is starting to occur, and the court ruling could counter any chance student government will be seen as a credible source for positive change within the university. ASG is trying to improve its image and has become a strong actor at Miami-something that would be dismantled by quiet complacence over the court ruling.
In turn, the senate did what it needed to do in order to preserve itself and its powers. Facing a hostile approach from both the executive and the judicial branches of student government, the vote to nullify the court ruling was the best policy for the senators. The majority opinion of the editorial board believes that with the existence of a vague constitution and a court that rarely handles ASG disputes such as these, the existing bylaws must be maintained and defended for student government to continue to function.
Some members of the board argue that the senate reacted with too much emotion and that this was a knee-jerk reaction to an unpopular ruling. They also promote the idea of further mediation between the court and the senate, much in the same way that there was the possibility of an open dialogue between Scott and the senate. However, the majority believes senate acted justifiably. First, even if there had been a week recess, the nullification act still would have (or at least, should have) passed since it reaffirmed the strength of the senate. Second, no mediation or dialogue is possible in this process because of the institutional characteristics of the legislative-judicial interaction. There was a court ruling-not a court discussion. The U.S. Supreme Court can't sit down to talk over the constitutionality of an election with Congress. This cannot occur because of separation of powers. The same case is true even at this collegiate level. When one institution acts, the other must be able and expected to react within its own powers and that is the scenario that we witnessed. Thus the only way for the senate to take a stand and act was through nullification.
With the redaction of the nullification act, we must not lose sight of the lack of cooperative relationships that caused this disgraceful situation to occur in the first place. The inability of the Heritage Commons Residence Director to heed the warnings of senate regarding the second election's lack of validity raises serious issues about those in positions of responsibility in residence life. These individuals, who are paid to be up-to-date on university policies and procedures, have a responsibility to stay informed and follow student government policy when their jobs come into contact with ASG.
These senate seats are important to those who run and now because of a mistake, we have a serious debate of who holds power between student senate, court and the executive. This board believes that senate, backed into a corner, had every right to act as it did. We should question the motives and actions of Scott, and the court for which the ruling originated.
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