CONSTITUTION OF THE AMERICAN CONSTITUTION SOCIETY OF SANTA CLARA UNIVERSITY SCHOOL OF LAW
ARTICLE I – ESTABLISHMENT
This organization shall be known as “The American Constitution Society of Santa Clara University School of Law” (the Society). This organization shall be a local chapter of the national American Constitution Society for Law and Policy.
ARTICLE II – STATEMENT OF PURPOSE
The American Constitution Society of Santa Clara University School of Law is a nonpartisan society whose mission is to promote the vitality of the U.S. Constitution and the fundamental values it expresses: individual rights and liberties, genuine equality, access to justice, democracy and the rule of law. The Society’s role is to influence the debate on the law, both in its interpretation and its creation, and to restore these traditional American values to their rightful place in legal and political debate. The Society further strives to build a diverse and dynamic network among Santa Clara Law students, students from fellow ACS chapters, and members of our legal community. We believe that the law, and, in particular, the Constitution, serves human values and should be a force for improving people’s lives. We believe that the Constitution is a charter of liberty, the blueprint for a noble and unique experiment designed to prevent any excesses of power that do not protect the human dignity necessary for individuals to realize the full potential of their lives. The goal of the Constitution, and the United States it created, is to permit people to succeed in the “pursuit of happiness,” one of the inalienable rights this nation explicitly was founded to secure to the American people. We believe that the Constitution, and by extension, many other areas of American law, can be understood only by reference to transcendent principles of decency, reason, humanity, and compassion. We believe that those who enforce the law must have greater concern for the way in which it affects the lives of the people who make up the nation in which we live. And we believe these principles should form a starting point for enactment, as well as interpretation, of the law. We believe deeply in the importance of law as the mechanism which governs the relationships between and among the individuals and institutions that form our society, and we recognize the direct relationship between legal theory and the broader political debate about the kind of society in which we live.
ARTICLE III – MEMBERSHIP
Active membership shall be open to all current Santa Clara University School of Law students, faculty, and staff, or those pursuing joint or concurrent degrees with Santa Clara University School of Law. Students become active members of the Society by being members of the national American Constitution Society for Law and Policy organization, paying dues annually. Additional requirements of active membership may be determined by the Society Bylaws. Only active members may vote at any Society meeting. Associate membership shall be open to all former Santa Clara University School of Law students, faculty, and staff.
ARTICLE IV – OFFICERS AND EXECUTIVE BOARD
There shall be an Executive Board of the Society, which shall meet monthly to determine the general direction of the Society and to facilitate the Society’s priorities, activities, and membership. The Executive Board shall consist of all current officers. Executive Board meetings shall be publicized and open to all active members of the Society. Only Executive Board members may vote at any Executive Board meeting. Each officer shall be given one vote, with exception of the Faculty Advisor. Only current Santa Clara University School of Law students, faculty, and staff, and those pursuing joint or concurrent degrees with Santa Clara University School of Law, may serve as officers. The American Constitution Society officers shall be as follows:
- Faculty Advisor: The Faculty Advisor, a member of the Santa Clara University School of Law faculty, shall serve as a nonvoting, advisory resource for the Society members, facilitate the acquisition of speakers, and serve as a liaison between the local chapter and the advisors of American Constitution Society chapters at other schools.
- President: The President shall call and chair all General Body and Executive Board meetings, set the agenda for the Executive Board meetings, coordinate the operations and direction of the Society, and serve as a liaison for the Society, the Santa Clara University School of Law administration, the Student Bar Association, and the national American Constitutional Society for Law and Policy. The President of the Society shall serve as the public representative of the Society whenever necessary.
- Vice-President: The Vice-President shall call and chair General Body and Executive Board meetings in the President’s absence, work closely with the President, assist in his/her duties, and coordinate the activities of the members of the Executive Board.
- Secretary: The Secretary shall compile and maintain the minutes of meetings and the records of the organization. The Secretary shall be responsible for maintaining the Society’s e-mail and membership lists and for notifying Society members of upcoming meetings and events.
- Treasurer: The Treasurer shall maintain the financial accounts and records of the Society, submit the Society’s financial reports as required, create the Society’s budget, and submit that budget to the Executive Board. The Treasurer shall also be responsible for submitting requests for funding with the ACS national office and other sources in a timely manner.
- Public Relations Chairperson: The Public Relations Chairperson shall coordinate publicity for Society events, membership drives, general membership meetings, and be responsible for the maintenance and timely updating of the Society’s website.
- Membership Chairperson: The Membership Chairperson shall be responsible for hosting social activities and sponsoring membership drives. The Membership Chairperson shall also be responsible for communicating with associate members of the Society, and for recruiting new associate members.
- At-Large Members: One representative of the third-year class at Santa Clara University School of Law, one representative of the second-year class at Santa Clara University School of Law, one representative of the first-year class at Santa Clara University School of Law, and one representative of the graduate program at Santa Clara University School of Law (including L.L.M.s) shall be appointed as at-large members of the Executive Board.
ARTICLE V – ADDITIONAL POSITIONS
The Executive Board may, in its discretion, establish additional positions to be appointed or elected from the active or associate membership as the need arises. Such positions may include the position of Website Administrator or Historian. Individuals serving in any position so established shall also be eligible to run for offices of the Executive Board, if they are otherwise eligible for the relevant office.
ARTICLE VI – SELECTION AND TERM OF OFFICERS
The Executive Board shall be composed of current members of the Society who have previously served on the Executive Board and new members of the incoming 1L class selected in the beginning of the school year at the discretion of the Executive Board. The outgoing President shall have ultimate responsibility for coordination of the selection process for the new president and for selecting the incoming board. The President and Vice President shall be selected by the previous year’s Board. The outgoing President shall solicit statements of interest, circulate to the board, and then conduct and open meeting and discussion, and then a vote. The vote can be done at an in-person meeting or electronically. Selection of the President and Vice President shall be done no later than April 1, at a time to be determined by the outgoing President, and must be announced to the Board at least two weeks before selection takes place. The Chapter President shall serve her or his term of one year after having completed at least one year of law school at Santa Clara University School of Law and at least one year on the Executive Board of the Chapter. A President may serve one or two terms. The Chapter Vice President shall also have served at least one year on the Executive Board of the Chapter and may also serve one or two terms. Those seeking to serve on the Executive Board shall apply to be on the Executive Board for one or several positions by submitting a Statement of Interest and Relevant Experience and resume to the President at a time to be announced by the President two weeks prior. The incoming President and outgoing President shall select new Board members for each Board position by the end of the prior Academic Year. In the process of doing so, the incoming and outgoing Presidents shall consult with the outgoing Board members. Officers may be suspended for good cause by a three-quarters vote of the remaining members of the Executive Board. In the case of suspension, the Executive Board may, by majority vote, appoint an acting person to serve in that position. Suspensions may not last longer than two months without a vote for removal or reinstatement by the general membership. An officer may be reinstated by a majority vote of the active members present and voting at a general body meeting. Officers may be removed for good cause by a vote of two-thirds of the general membership.
ARTICLE VII – CONDUCT OF BUSINESS
Regular operations of the Society may be determined by the Executive Board. Quorum is required at all Executive Board meetings. A quorum at such a meeting shall consist of one-half of the members of the Executive Board, not counting the Faculty Advisor. The Executive Board shall strive for consensus; if consensus is not reasonably available, decisions shall be made by majority vote of those present and voting. General Body meetings of the active members may be called by the President, by one-third of the Executive Board, or by twenty percent of the active members of the Society. Quorum is required for all General Body meetings. A quorum at such a meeting shall consist of at least twenty-five percent of the active membership, except that no quorum may be established without one-half of the Executive Board present. Reasonable notice shall be given for all General Body meetings. At such meetings, the membership shall strive for consensus; if consensus is not reasonably available, decisions shall be made by majority vote of those present and voting. Decisions of the active membership shall be binding on the Executive Board. The Executive Board may establish guidelines for conducting business, including quorum or voting requirements, by email, by telephone, or by other reasonable means, except that neither quorum nor voting requirements may be satisfied by proxies assigned to others. Any decision of the Executive Board may be overturned, unless otherwise stipulated in the Society Constitution or Bylaws, by a majority vote of the active members present and voting at a general body meeting.
ARTICLE VIII – BYLAWS
At any General Body meeting of the active members, a majority of those present and voting may choose to adopt bylaws not inconsistent with any provision of this Constitution.
ARTICLE IX – AMENDMENTS
At least seven days before any attempt to amend this constitution, reasonable notice shall be given to the active membership and the text submitted to the Executive Board. A quorum equal to that required for a general body meeting of the active membership shall be necessary to amend the Constitution. Amendments to this Constitution shall be adopted by approval of two-thirds of the active membership present and voting, except that no amendment shall be adopted without the affirmative vote of two-thirds of the Executive Board. This Constitution can be amended in its entirety or amendment by amendment.
ARTICLE X – OTHER GOVERNING RULES
The Society shall be governed by this constitution, such bylaws as may be instituted, and the rules and regulations of Santa Clara University and Santa Clara University School of Law.
ARTICLE XI – ADOPTION AND RATIFICATION
Upon approval of a majority of the active members of the Society voting on the record as of February 1, 2010, this constitution shall be immediately effective and shall replace any previous constitution. The Current Executive Board of the Society shall be the undersigned, attesting to their presence at the adoption of the Constitution on February 1, 2010. Farid Zakaria, President Jessica Jackson, Vice President Jay Hann, Treasurer Coty Hylton, Secretary Tiffney Helgerson, Public Relations Chair Jimmy Hardwick, Membership Chair Rachel Leff-Kich, 3L Representative Mike Crawford, 1L Representative
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