Case:  JC-0809-06
Date Introduced:  Friday, December 5, 2008
Date Decided: Friday, December 5, 2008

Summary of Issue:
ACon§4-7(7) states the Speaker of the Senate shall “succeed the Association President in the event of a vacancy, relinquishing the role as Speaker of the Senate immediately upon that vacancy.”  This provision conflicts with AB§2-1.4 which allows the Speaker of the Senate to choose whether he shall succeed the President, and if not to allow the Speaker of the House, Speaker Pro Tem of the Senate, or Speaker Pro Tem of the House, in that order, the ability to accept or deny that position.

Decision:
The Court believes that such a conflict was not intended by the authors of the Constitution, and the constitutional provision was intended to be struck prior to approval.  While such intent is interesting, the Court must determine the rules as they are written.

“If the [Constitution] authorizes certain things specifically, other things of the same class are thereby prohibited.  There is a presumption that nothing has been placed in the [Constitution] without some reason for it.  There can be no valid reason for authorizing certain things to be done…unless the intent is to specify the things of the same class that may be done, all others being prohibited.” (RONR p. 571 l. 24-33)  Or simply stated, if the Constitution authorizes the succession of Association President, another clause providing for a different succession of officers cannot be authorized.  Consequently, the conflict between the Constitution and Bylaws cannot exist, and the Constitutional provision for the succession of officers prevails and the provision in the Bylaws is null and void.

Order:
It is hereby ordered by the Providence Campus Student Government Association as follows:

1. AB§2-1.4 is amended by striking “§2-1.4 – Succession. If there is a vacancy in the office of Association President, the Speaker of the Senate, upon acceptance, shall serve as Acting Association President until a successor is elected. Should the Speaker of the Senate not wish to hold the office, the Speaker of the House shall be eligible to serve. If he/she refuses to accept, the Speaker Pro Tem of the Senate or House shall serve. No person serving as Acting Association President shall retain their rights and privileges as a member in that legislative body, though it shall be restored once a successor is elected.”
2. AB§2-1.5 and AB§2-1.6 shall respectively be renumbered AB§2-1.4 and AB§2-1.5.

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