Unchecked powers distort system

Thursday, February 12, 1998

Unchecked powers distort system

USAC: Judicial board deserves more authority to maintain
justice

By John Strelow

The recent allegations of campaign misconduct committed by
Students First! members of USAC underscores the need for separation
of powers in our student government.

Because USAC has failed to appoint an Election Board as the
Constitution requires, any student petition regarding these
allegations will be heard by the Judicial Board. If the allegations
were to be proven before the J-Board, the recommendation may very
well be impeachment for the officers discovered to have violated
the Election Code. Election Board bylaws state that in "the
provision of incorrect and/or incomplete information by an elected
and certified candidate may result in the Election Board
recommendation to USAC for an impeachment decision to begin."

The problem is that any Judicial Board recommendation can be
overturned by a three-fourths vote in USAC. How likely would it be
for USAC to impeach themselves?

In truth, our current system allows USAC to judge its own trial.
This is absurd, of course, but it is a reality.

No truly just legal system can allow an accused person or body
to serve as his own judge. This is especially troublesome for any
sort of government. Our student government is an oligarchy, which
can be subverted by whichever party happens to dominate USAC.
Currently, that party is Students First!

Last year, there was such an incident in which the ruling party
overruled the Judicial Board. The J-Board had disallowed the use of
the name or logo of "Students First!" on any official USAC
documents. The Students First!-controlled USAC turned over this
decision. In effect, this allowed Students First! to campaign
through the use of official USAC documents.

What is the use of the Judicial Board if any recommendation they
make which is unfavorable to the party in power can be overturned?
To go a step further, what power can the Judicial Board have in any
recommendation it makes if it can be overturned?

The answer is no power at all. All of the power in our student
government lies in USAC. There is no check on this power. This
becomes especially dangerous when USAC is controlled by one
party.

In our current system, the only time USAC is responsible or
accountable to anyone is during the annual elections. Even then,
the representatives themselves are not truly responsible, as
different candidates will run on the slate.

Bodies such as the Judicial Board must be given more power and
some sense of independence from USAC if they are to be of any use.
The monolithic structure of our student government invites
corruption and abuse of power.

Ultimately, the solution goes deeper than voting any corrupt
party out of office. Some sort of constitutional reform is needed
if we wish to inject accountability into our system.

Unfortunately, for any such proposals to be brought to the
student body for a vote, they must pass through the Election Board.
USAC has not yet appointed that board, so for the moment, justice
is on hold.