CONSTITUTION
OF THE
BOALT HALL FEDERALIST SOCIETY
PROLOGUE
The Boalt Hall Federalist Society (“BHFS” or “the Society”) is a student
organization organized in accordance with the regulations of the University
of California, Berkeley, and Boalt Hall. The BHFS honors, respects, and
supports the Constitution of the United States of America.
ARTICLE I
SECTION I - Purpose
The purpose of the BHFS is to foster critical thought and debate about the
application of conservative and libertarian principles to the law. The BHFS embraces the
principle that the state exists to preserve freedom, that the separation of
governmental powers is central to the integrity of the Constitution of the
United States of America, and that it is emphatically the province and duty
of the judiciary to say what the law is – not what it should be. The BHFS
seeks both to promote an awareness of these principles and to further their
application through its activities. This entails reordering priorities within
the legal system so as to place a premium on the traditional values of individual
liberty and the rule of law.
SECTION II - Membership
Membership in BHFS is open to any student at Boalt Hall as well as any interested
faculty or administration member. “Active members” are those that are current on
their dues.
SECTION III - Faculty Advisor
The Faculty Advisor of the BHFS will be a faculty member of Boalt Hall. In the
absence or unavailability of a suitable Faculty Advisor, the Society may turn to
one of its members, or to a suitable member of the legal profession outside Boalt
Hall.
ARTICLE II
SECTION I - Officers
The BHFS shall have the following officers: President, Vice-President, Secretary,
and Treasurer.
SECTION II - Duties
The BHFS Officers shall have duties described below and any other duties that the
President shall from time to time decide is expedient for the Society.
- President - The President shall be the chief executive of the BHFS. He or she shall
call and preside over all BHFS meetings and Executive Board meetings. He or she shall
supervise all club activities. He or she shall have veto power concerning Society
expenditures which can be overturned by two thirds of all active Society members. He or she shall serve as a liaison to any such other organizations as the Executive Board deems necessary. He or she shall have the power to appoint any such assistants as he or she deems necessary to assist in fulfilling the duties of office.
- Vice President - The Vice President shall assist the President and shall
preside in case of his absence or disability. He or she shall rule on all matters of
parliamentary procedure. He or she shall reserve rooms for BHFS meetings. He or she shall
maintain all official records of the Society, including a mailing list of all
members and any historical records. He or she shall supervise the committees through
their respective Chairmen.
- Secretary - The Secretary shall take minutes of all Society meetings,
maintain all Society correspondence, and notify BHFS members of upcoming
meetings. The Secretary shall notify, the members of upcoming meetings in
any manner the Executive Board may deem appropriate, including posting notice
of such on the bulletin board, and using posters, notices, or other communications.
- Treasurer - The Treasurer shall be responsible for the finances of the BHFS
and shall present and supervise the budget. He or she shall be responsible for any
fund raising activities and for the collection of Society dues.
SECTION III - Vacancies in Office
In the event that any officer is unable to fulfill his term for any reason, an
election for that office shall be held during the next regularly scheduled BHFS
meeting following, the vacancy. During the vacancy, the office may be filled on
an interim basis by the Executive Board.
ARTICLE III
Executive Board
The members of the Executive Board shall be the four elected officers, the
chairpersons of the committees, and any other person the President may appoint.
The Executive Board shall administer all routine business of the Society. A
majority vote of the active Society members is sufficient to overturn a decision
of the Executive Board.
ARTICLE IV
SECTION I - Committees
Committees shall be organized to administer various phases of the BHFS. The
Executive Board shall, as the need arises, establish committees consisting of
Society members at large. The President shall appoint Committee Chairpersons, to
take effect upon approval of the Executive Board. The Treasurer shall chair
any committee formed concerning the finances of the BHFS.
SECTION II - Responsibility
All committee chairpersons shall be immediately responsible to the Vice-President
who shall coordinate these committees and shall assign to the committees any
responsibilities delegated by the Executive Board.
ARTICLE V
SECTION I - Annual Meeting
The Annual Meeting shall be held in April of each year, The Treasurer shall
report the status of the budget at that time. Officers for the next year shall
be elected at this meeting. The newly elected officers shall assume their
responsibilities on June 1.
SECTION II - Elections
The procedure of all elections of the BHFS shall be as follows:
- Two weeks before the election, the Secretary shall post notices announcing
the upcoming election and application deadline on appropriate bulletin boards
around Boalt Hall. Any active member interested in elective office must notify
the current President by the stated deadline. Any active member may run for the
offices of Vice-President, Secretary, and Treasurer, with the office of President
reserved for 3Ls only. If no 2L seeks the office of President (to be inaugurated
at the end of the second year), any other active member may run for that office.
- The President shall prepare ballots with candidates’ names, organized by the
office they seek. Nomination from the floor shall be only for candidates on the
ballot.
- Each candidate on the ballot for President shall have four minutes to make a
campaign speech. All other candidates on the ballot will have two minutes to
make a campaign speech. The President shall time each speech.
- Each person desiring a ballot must first be verified by the Treasurer as an
active member, whose dues are current, before receiving a ballot. No proxies
shall be allowed, and any member arriving after the commencement of campaign
speeches may not vote. All voting is by secret ballot.
- All voting for the office of President shall take place before speeches and
voting for the office of Vice President, and so on. The President shall excuse
the candidate before each vote to allow the members to discuss the candidate’s
merits.
- The president and two active members, selected by those attending the
meeting, shall tabulate the ballots. No write-in candidate shall be allowed.
For any office for which there are two or fewer candidates, the race is decided
by a plurality. If there are more than two candidates for an office, a simple
majority must be achieved. Absent a majority, a run-off election shall be
conducted between the top two vote recipients. In the event of a tie, the
President shall cast the deciding vote.
- No candidate for office shall preside over an election meeting. If, as
allowed by Article V, Section II.A., the President seeks Executive Board office,
the Vice President, the Secretary, the Treasurer, or any other active member
eligible under this subsection, in such order, shall be appointed by the
President to serve as president pro tempore to preside over the election meeting.
ARTICLE VIII
Amendments and By-Laws
Any active member of the BHFS may propose amendments or by-laws to this
Constitution. Amendments shall take effect upon ratification by two-thirds
of the active members. By-laws shall take effect upon approval of a majority
of the active members.
ARTICLE IX
Parliamentary Authority
The rules contained in the most recent edition of Robert’s Rules of Order,
Newly Revised shall govern the BHFS in all cases to the extent that such do
not conflict with any express provisions, policies, or procedures of this
Constitution.
ARTICLE X
Ratification and Effective Date
This Constitution shall take effect immediately upon ratification by two-thirds
of active members present at a meeting called for this purpose. Each active
member of the BHFS may receive a copy of the Constitution as well as any
amendment or by-laws subsequently adopted in accordance with Article VIII.
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