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Nap Time!!!

Tuesday, June 27, 2006

This is absolutely comical. Manny Buenrostro, outgoing ASUC President, and member of Student Action, has issued an Executive Order that installs the SA slate into executive office. Note the following:

1. Manny's term has expired, according to his own EO. He has no authority to issue EOs anymore. The regular summer semester has begun, which means the new term has begun, even though there are no executives filling the positions yet. (Update: I'm told that Manny has extended his presidency by Executive Order already. Of course, finding documentation of this fact would be difficult.)

2. Manny's EO specifically installs the SA slate, and says that nothing can be done until the Senate meets to overturn his EO. Note that, using his logic, he could install anyone he wanted, including elections losers, and nothing could be done.

3. The same logic could, hypothetically, declare that the Senate can no longer ever meet, and would be valid, because the Senate wouldn't meet to overturn it.

4. The decision in the case I won throwing out his other EO specifically mentioned that because he was trying to sidestep Judicial authority, the EO was invalid. The same is true in this case.

5. Suken Vakil Vishal Gupta is now threatening to sue individual justices.

6. Suken Vakil Vishal Gupta has attempted to withdraw his appeal. I dunno how it will work, since the case has already been accepted, but this might mean that, even if the EO is overturned, the appeal will still lose.

posted by Beetle Aurora Drake 6/27/2006 05:38:00 PM #
Comments (10)
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All Executive Orders are numbered? Is that correct? It could be determined if Manny has really extended his term by tracking down the previous 6 executive orders, right?
I know #4 tried to reword the RSF referendum, so it's probably either #5 or #6. But good luck finding evidence of what they are. I could just ask folks directly, but they're kind of busy pointing out this blatant overstep of authority.
Extended his presidency?

That sounds nice and legal.
Apparently it gets done every time the election results get drawn out. But yeah, if I had known about it at the time, I probably would've tried to kill it, though I wouldn't have had much success, I expect.
Interesting. Doesn't matter much though because extending his term does not magically grant him new powers, unless executive order 6 changed his title to god and he didn't tell anyone.
Okay, it was EO #5, which orders "that the current ASUC executive officers shall maintain their office until the release of the 2006 elections results, in order to maintain the proper running of the association."

The e-mail body was "This will be the last one. I promise!" Which I guess is another broken promise.
"until the release of results" and not certification of results? Doesn't that mean that EO 4 would have expired upon the initial releasing of results? That they were later overturned would seem irrelevant, at least from the presidency perspective, since the former president would have already relinquished control.
Yeah, I pointed that out too. Either Manny says the original count was final, in which case he is no longer president and can't executively order that the orignial count was final, or the original count was not final, and you certainly can't have an election winner.
Manny did issue that E.O. to extend the Executive terms, but an interesting question is whether Manny and others are still eligible members of the ASUC. I resigned from the J-Council immediately following my graduation, because I am no longer affiliated with the University. I do beleive Manuel and others graduated as well.
I believe he is eligible, according to Title I which defines membership. In fact, graduating seniors who win elections have remained in office for the summer in the past, if I recall correctly.
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