Tennessee Federalist Society Constitution

Wednesday, September 28, 2005

Constitution Adopted!


CONSTITUTION PASSES BY UNANIMOUS VOTE!
September 28, 2005


Wednesday, July 20, 2005

Article I - Mission

Article I – Mission
§ 1. The mission of the chapter shall be the advancement of the following principles: that the state exists to preserve freedom, that the separation of governmental powers is central to the United States Constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. This chapter seeks both to promote an awareness of these principles and to further their application through the chapter’s activities.

§ 2. The chapter shall implement an academic program to promote the principles stated in this article through regularly scheduled debates, lectures, forums, discussions, symposiums, and any other appropriate event.

§ 3. The chapter shall implement a social program to promote amity amongst chapter members and the university community, as well as to complement various academic program events, through regularly scheduled social gatherings.

Article II - Membership

Article II – Membership
§ 1. General Membership – The chapter may confer general membership status upon any student, faculty, staff, or administrator of the University of Tennessee College of Law who has paid local dues and remains in good standing within the chapter. General members shall have all rights and privileges within the chapter, including, but not limited to, the right to hold elected or appointed office, vote in chapter elections or on selected chapter issues, to sit on committees, and, if so chosen, to preside over committees.

§ 2. Advisor Membership – Advisor members (“advisors”) are invited by the President and approved by assent of the Board. Advisors serve for a one-year term, but maybe invited annually for an indefinite number of terms. Chapter advisors have all the rights and privileges of general members except those of voting, holding elected or appointed office, and presiding over committees. Students may not serve as advisors. The chapter shall have at least two advisors. At least one advisor shall be from the faculty or administration of the University of Tennessee College of Law. At least one advisor shall be a member of the bar from the Knoxville area. One advisor may be chosen by the Board to serve on the Judicial Committee. The chapter can dismiss an advisor by a no-confidence vote consisting of two-thirds of the voting membership.

§ 3. University membership – Students of the University of Tennessee that are not law students may be invited to join the chapter by the approval by the approval of the Board. University members shall have all the rights and privileges of general members, except those of holding elected or appointed office and presiding over committees. University members may be required to pay local dues.

§ 4. Community associate membership – Any member of the bar not otherwise associated with the University of Tennessee may be granted an invitation on an annual basis to attend chapter meetings and events. The decision to grant such an invitation shall be made by the Board. The Board may cancel such an invitation at any time. Community associate members (“community associates”) shall have all the rights and privileges of a general member, except those of voting, holding elected or appointed office, and presiding over committees.

Article III - Administration

Article III – Administration
§ 1. Board – the Board shall consist of all elected and appointed officers as enumerated under Articles IV and V. The Board shall hold fortnightly meetings. Attendance is mandatory for all Board members. If officers cannot attend Board meeting, they must give prior notice to the Vice President of Membership or the President. Attendance is necessary for Board members to be efficient officers. Absence from five meetings in one year or from three without excuse constitutes grounds for dismissal of an officer. The current Board determines the means for excusing an absence. Unless otherwise indicated by the President, all Board meetings are open to all members of the chapter. Anyone present may participate in discussion. Whenever possible, the Board should reach its decisions by discussion rather than by voting. At least one-half of the Board shall be present to reach a binding decision, whether by discussion or by voting. If a vote is necessary, all members of the Board have the right to vote or abstain, with the exception of the President. The President casts the deciding vote in the event of a tie. The Board may also adopt any rules consistent with this Constitution in order to ensure responsible and efficient administration of its duties.

§ 2. Executive Board – The Executive Board shall consist of the President, the Vice President of Membership, the Vice President of Logistics, and the Vice President of Programming. The Executive Board shall meet at the request of the President to interview and select appointed Board members, discuss and decide cases of dereliction of duty by Board members and committee chairs, handle general disputes, and discuss any other serious matter deemed necessary.

§ 3. Judicial Committee – The Judicial Committee shall consist of five members. Two members shall be selected from the Executive Board. Two members, not Board members, shall be elected from the chapter at large. One member shall be selected by the Board. Once formed, the members of the Judicial Committee shall choose one member to serve as chairman. The Judicial Committee may decide conflicts concerning the Constitution, Chapter Rules, and committee rules. The Judicial Committee may decide disputes regarding Board members and committee members if the dispute cannot be resolved by the President or committee chair. The Judicial Committee shall hear appeals of dismissal proceedings for appointed officers. All cases dealing with individual members shall be kept confidential unless two-thirds of the chapter votes for the records to be made public. All cases concerning the Constitution, Chapter Rules, and committee rules shall be open and public. Except in cases of dismissal appeals of appointed officers, the consent of two members of the Judicial Committee is necessary for a case to be heard. The Judicial Committee shall meet whenever necessary or according to any rules set by its members.

Article IV - Officers Elected

Article IV – Officers Elected
§ 1. In General – Elected officers are chosen by the chapter pursuant to Article VII of this Constitution. The term for each office is one year. Officers may seek re-election.

§ 2. President – The President has final responsibility for all chapter activities, including membership, academic and social programs. The President shall sit on the Executive Board shall choose appointed officers with the Vice Presidents of Membership, Logistics, and Programming. The President presides over all Chapter, Board, and Executive Board meetings. The President shall be aware of chapter finances and approves all expenditures $100 or greater. The President is responsible for all correspondence outside of chapter meetings, including the national office, other chapters, and the chapter advisors. The President shall maintain a working relationship with the chapter advisors. The President may create special leadership positions without officer status; these leaders can be given a budget and a committee, but will not have a vote on the Board. The President shall make all due effort to attend the annual Student Leadership Conference, disseminate information from the national organization to chapter officers and the membership, and delegate responsibilities for the welfare of the Chapter in an efficient and equitable manner. The Board should defer minor policy decisions to the President in order to ease efficient administration of the Chapter. However, a two-thirds majority of the Board may overrule any presidential decision.

§ 3. Vice President of Membership – The Vice President of Membership shall keep all membership and attendance records. The Vice President of Membership shall oversee the Chapter’s recruitment efforts, as well as alumni and community associate relations. The Vice President of Membership shall sit on the Executive Board and shall choose appointed officers with the President and the Vice Presidents of Logistics and Programming. If no Secretary of Recruitment and Expansion be appointed, the Vice President of Membership shall directly coordinate and execute those duties enumerated under Article V, Section 3 and any other necessary duty pertaining thereto. If no Secretary of Community and Alumni Relations be appointed, the Vice President of Membership shall directly coordinate and execute those duties enumerated under Article V, Section 2 and any other necessary duty pertaining thereto.

§ 4. Vice President of Logistics – The Vice President of Logistics shall oversee the administrative duties of the Chapter. The Vice President of Logistics shall sit on the Executive Board and shall choose appointed officers with the President and the Vice Presidents of Membership and Programming. The Vice President of Logistics shall aid in the coordination and execution of the duties of the Secretary of Finances and the Budget, the Secretary of Information and Media Relations, the Correspondence and Recording Secretary, and, if appointed, the Parliamentarian. If no Parliamentarian be appointed, the Vice President of Logistics shall directly coordinate and execute those duties enumerated under Article V, Section 4 and any other necessary duty pertaining thereto. If no Parliamentarian be appointed, the Vice President of Logistics shall not be eligible to serve on the Judicial Committee.

§ 5. Vice President of Programming – The Vice President of Programming shall oversee both the academic and social programming of the chapter. The Vice President of Programming shall coordinate and schedule speakers for debates, lectures, forums, discussions, symposiums and all other appropriate events to further the principles enumerated under Article I, Section 1. The Vice President of Programming shall be responsible for correspondence with and the scheduling of speakers. The Vice President of Programming shall sit on the Executive Board and shall choose appointed officers with the President and the Vice Presidents of Membership and Logistics. The Vice President of Programming shall coordinate with the Secretary of Recreation and Fellowship in scheduling chapter-sponsored social events to further the principles enumerated under Article I, Section 3. If a Secretary of Special Events be appointed, the Vice President of Programming shall coordinate with the Secretary of Special Events to organize special chapter activities. If no Secretary of Special Events be appointed, the Vice President of Programming shall coordinate and execute the duties enumerated in Article V, Section 5 and any other necessary duties pertaining thereto.

§ 6. Secretary of Finances and the Budget – The Secretary of Finances and the Budget shall oversee the Chapter’s finances and its budget. At the beginning of each semester, the Secretary of Finances and the Budget shall prepare a budget for the chapter’s approval. The Secretary of Finances and the Budget shall also set a date by which chapter dues must be paid. The Secretary of Finances and the Budget shall collect, process, and deposit all dues payments and any other incoming funds. The Secretary of Finances and the Budget shall keep accurate and appropriate records of all chapter transactions. The Secretary of Finances and the Budget shall distribute funds as mandated by the budget or the Executive Board. The Secretary of Finances and the Budget shall reimburse officers and members when necessary. The Secretary of Finances and the Budget shall not make chapter expenditures for more than $100 without the assent of the President. At the direction of the Executive Board, the Secretary of Finances and the Budget may solicit additional funding for the Chapter and organize fundraising activities. At the end of each semester, the Secretary of Finances and the Budget shall prepare an end report on the budget and chapter finances.

§ 7. Correspondence and Recording Secretary – The Correspondence and Recording Secretary shall record the minutes of all Board and Chapter meetings. The Correspondence and Recording Secretary shall submit the minutes within a speedy but reasonable time to the Secretary of Information and Media Relations to be posted on the chapter website. The Correspondence and Recording Secretary shall type and print out a copy of the minutes of each meeting and store them in a binder accessible to all chapter members. The Corresponding and Recording Secretary shall prepare and send out the chapter newsletter.

§ 8. Secretary of Information and Media Relations – The Secretary of Information and Media Relations shall make substantial and timely notice to the law school, to the university at large, and the Knoxville area legal community of chapter events, efforts, and achievements through press releases, advertisements, or any other appropriate means. The Secretary of Information and Media Relations shall prepare and place all appropriate advertisements in the law school and around the University of Tennessee campus. The Secretary of Information and Media Relations shall oversee and regularly update the chapter website.

§ 9. Secretary of Recreation and Fellowship – The Secretary of Recreation and Fellowship shall schedule and organize chapter social events, whether corresponding or coinciding with another chapter event or an independent event in itself. The Secretary of Recreation and Fellowship shall coordinate with the Secretary of Information and Media Relations to prepare and distribute all necessary advertisements pertaining to social events.

Article V - Officers Appointed

Article V – Officers Appointed
§ 1. In General – Appointed officers are selected by the Executive Board after an interviewing process pursuant to Article VII, Section 4. Appointed officers may serve a term of one semester or one year, according to the preference of the Executive Board.

§ 2. Secretary of Community and Alumni Relations – The Secretary of Community and Alumni Relations shall coordinate and maintain relations between the chapter and alumni and community associates. The Secretary of Community and Alumni Relations shall maintain a database of information on both community associates and alumni members. Each semester, the Secretary of Community and Alumni Relations shall send out a newsletter to community associates and alumni members. The Secretary of Community and Alumni Relations is responsible for inviting community and alumni members to chapter events. The Secretary of Community and Alumni Relations shall organize an event for community associates and alumni members at least once a year.

§ 3. Secretary of Recruitment and Expansion – The Secretary of Recruitment and Expansion shall implement a program for recruiting and retaining new members. The Secretary of Recruitment and Expansion shall organize recruiting events and attend all possible chapter functions in order to recruit new members. The Secretary of Recruitment and Expansion shall coordinate with the Secretary of Information and Media Relations for advertising and recruiting efforts.

§ 4. Parliamentarian – The Parliamentarian shall receive nominations and administer elections unless he himself is running. The Parliamentarian shall receive proposed amendments to the Constitution and changes to the Chapter Rules to introduce to the chapter. The Parliamentarian shall oversee the reconsideration, evaluation, and reform of the Constitution and the Chapter Rules every two years. The Parliamentarian shall hear appeals on questions of interpretation regarding this Constitution and the Chapter Rules as provided by Article VI, Section 4.

§ 5. Secretary of Special Events – The Secretary of Special Events shall aid and assist the Vice President of Programming and the Secretary of Recreation and Fellowship in coordinating the details of special events, hosting guests and speakers, organizing the calendar, and any other necessary duties to maintain organized and efficient programming events.

Article VI - Adjudicating Interpretive Disputes

Article VI – Adjudicating Interpretive Disputes
§ 1. The affairs of this chapter shall be governed and administered pursuant to the articles of this Constitution and all Chapter Rules derived therefrom.

§ 2. In the event that a Chapter Rule is found to be in conflict with an article of this Constitution, the latter shall govern.

§ 3. Any good faith dispute over the original meaning of this Constitution or its application, or any Chapter Rule or its application, shall be resolved by the President or, if in committee, by the presiding officer.

§ 4. A party with a good faith objection to the interpretation provided by the President or presiding officer under Article VI, Section 3 may appeal the matter at issue to the Parliamentarian. The Parliamentarian shall hear such an appeal and render a decision within a reasonable period. The Parliamentarian’s ruling takes precedent over that of the President or presiding officer to the extent it is inconsistent with the original ruling.

§ 5. If a party to a dispute over the President’s or presiding officer’s interpretation under Article VI, Section 3 objects to the subsequent interpretation of the Parliamentarian under Article VI, Section 4, the party may petition the Judicial Committee. The Judicial Committee shall determine whether or not to hear the appeal. If it hears the appeal, the ruling of the Judicial Committee shall take precedent over all other rulings concerning the matter at issue and is final.

Article VII - Elections, Dismissals & Vacancies

Article VII – Elections, Dismissals & Vacancies
§ 1. Eligibility for Elected Office – any general member in good standing is eligible to run for elected office.

§ 2. Nominations – Four weeks before chapter elections, the Parliamentarian, or, if no Parliamentarian be appointed, the Vice President of Logistics, shall distribute “Statement of Intent” forms to those considering running for an elected office. Candidates should submit these forms to the Parliamentarian, who compiles the information. The Parliamentarian distributes the information two weeks prior to elections. Any general member may decide to run for an office at the time of elections if they have satisfied their membership requirements. Members need not be present to be elected, provided they have filed a “Statement of Intent” for the appropriate office prior to the election. Members may be nominating from the floor by motion of any member and a second, and the acceptance of the potential nominee.

§ 3. Election Procedures – Elections of officers takes place at the first chapter meeting after February 1. The Parliamentarian runs the elections along with an Elections Officer elected by the chapter at the previous meeting who is not running for an elected position. For all elections, voting members cast votes by secret ballot. The Parliamentarian and the Elections Officer count the ballots. A candidate must receive a majority of the votes to win the election. If no candidate receives a majority of the votes, then the two candidates with the greatest number of votes shall have a run-off election. Elections take place in the order in which the offices are listed in this Constitution. At the time of election for each office, the “Statement of Intent” forms for each candidate are read to the chapter and additional nominations are taken from the floor. The candidates present their speeches, which are followed by a brief question and answer session. After the question and answer session, the candidates shall leave the room while the Chapter conducts a confidential discussion. During this discussion, three positive and three negative points, each in good faith, may be brought up about each candidate. After discussion, the secret ballots are cast and counted and the candidates are invited back into the room to announce the winner. Those who do not win the election for an office may still run for another office.

§ 4. Transition – Transition shall begin during a Board transition meeting prior to Spring Break. The outgoing Board will conduct its usual business, at the conclusion of which, the outgoing President shall declare the Board dissolved. The incoming Board will then be invited into the meeting. Outgoing officers will exchange any materials or resources pertaining to their position with their successors at this time. In the time between the Board transition meeting and the next scheduled chapter meeting, the newly elected Executive Board shall conduct any necessary interviews for the appointed board positions they wish to fill. At the first chapter meeting after Spring Break, the newly elected officers shall be sworn in by a Chapter Advisor or the outgoing President, and any newly appointed Board members shall be announced. The authority of the new Board becomes effective upon being sworn in. At the first chapter meeting after Spring Break, nominations for the at-large members of the Judicial Committee shall be taken. At the following chapter meeting, elections for the two at-large seats on the Judicial Committee shall be held and the selections of the Executive Board and the Board shall be announced, at which time, the outgoing Judicial Committee shall be dissolved.

§ 5. Removal of Elected Officers – Elected officers and/or Judicial Committee members may be removed from office only for just cause under the Constitution and Chapter Rules. To be removed from office, an elected officer must be first recommended for removal by either the Executive Board or through petition of one-fifth of the membership. A quorum meeting shall be held as quickly as possible for the Chapter to vote on removal. Removing an officer requires the support of two-thirds of the active membership.

§ 6. Removal of Appointed Officers – Appointed officers may be removed for good cause under the Constitution, Chapter Rules, or good faith decision of the Executive Board. Before dismissing an appointed officer, the Executive Board shall make a good faith effort to aid the appointed officer in correcting any infringing behavior, if such an effort is possible under the circumstances. For an appointed officer to be dismissed, a majority of the Executive Board including the President must approve the dismissal. A dismissed appointed Board member may appeal his/her dismissal to the Judicial Committee.

§ 7. Vacancy of an Elected Position – In the event of a vacancy of an elected position, the members of the chapter shall be notified as soon as possible. Nominations will then be taken until the next chapter meeting, wherein a replacement shall be elected.

§ 8. Vacancy of an Appointed Position – In the event of a vacancy of an appointed position, the position may or may not be filled, according to the preference of the Executive Board. If the position is to be filled, the Executive Board must follow a procedure pursuant to Article VII, Section 2.

§ 9. Vacancy on the Judicial Committee – In the event of a vacancy on the Judicial Committee, the vacancy must be filled. If the source of the vacancy was elected by the Chapter, nominations shall be taken and an election held pursuant to Article VI, Section 3 and Article VII, Section 4. If the source of the vacancy was selected by the Executive Board, the Executive Board shall make a new selection pursuant to Article VI, Section 3. If the source of the vacancy was chosen by the Board, the Board shall make a new selection pursuant to Article VI, Section 3.

Article VIII - Committees

Article VIII – Committees
§ 1. Administrative Committees – Administrative committees can be created by any Board member to aid in the execution of the duties of their office. The board member creating an administrative committee for his or her office chairs the committee. The board member creating an administrative committee for his or her office remains ultimately responsible for the duties of their position, including the committee. Membership in an administrative committee is open to any member, though an officer may limit the number of positions on the committee and accept membership on a “first come, first served” basis.

§ 2. Academic Committees – Academic committees can be created by the President. A topic or practice area shall be selected by the President with the advice of the Board. A chairman for the committee shall be appointed by the Executive Board. Academic committee chairmen report to the President. Membership on the committee shall be open to all members, but the President may limit the number of positions on the committee and accept membership on a “first come, first served” basis. The committee shall carry out the duties prescribed to it by the President with the advice of the Board.

§ 3. Dismissal of Committee Chair – Dismissal of committee chairmen shall be made under the same procedure enumerated in Article VII, Section 6.

§ 4. Disbanding Committees – The President may disband any committee under this article. A two-thirds majority of the Board may overrule the disbanding of a committee.

Article IX - Rules

Article IX – Rules
§ 1. Chapter Rules – New chapter rules, or amendments to existing rules, may be proposed by any member. The rule is presented to Parliamentarian and published to the chapter. At the first chapter following publication, the rule shall be debated during new business and either voted on or tabled. A majority vote is required to pass or repeal any rule. If voted on and passed, the rule becomes effective immediately. If tabled, it must be brought for a vote at the next meeting. If the Judicial Committee declares a rule to be unconstitutional, it is null and void.

§ 2. Board Rules – The Board may set its own rules, including both procedure and codes of conduct, as long as it does not conflict directly with the Constitution or Chapter Rules. Board rules are passed by a majority of the Board members and the approval of the President. However, two-thirds of the Board may overrule a presidential veto.

§ 3. Committee Rules – Committees may set their own rules so long as they do not conflict directly with the Constitution or Chapter Rules. Committee rules are passed by a majority of the committee members and the approval of the chairman.

Article X - Amendments

Article X - Amendments

§ 1. Proposing Amendments - Any member may propose an amendment to these articles at any time. The proposed amendment is presented to Parliamentarian and published to the chapter.

§ 2. Ratification - At the first chapter following publication, the proposed amendment shall be debated during new business and either voted on or tabled. To vote on a proposed amendment, at least two-thirds of the active membership must be present. Reasonable and adequate time shall be designated to discuss the proposed amendment. At the close of discussion, the chapter shall either vote by secret ballot or table the proposed amendment. A two-thirds majority of those present is required for any amendment to be passed. If tabled, the proposed amendment must be brought for a vote at the next meeting.

§ 3. Enactment - Amendments passed by the chapter shall not become effective less than four weeks after the vote. The Board may specify any date more than four weeks and less than six months after the vote to make the amendment effective. However, the author of the amendment may insert into the language of the amendment the date upon which the amendment, if passed, will become effective, so long as that date is more than four weeks and less than six months after the vote.