ASMSU Supreme Court releases second ruling of the academic year

On March 10, the Associated Students of MSU (ASMSU) Supreme Court ruled on the question: “In a formal representative capacity of ASMSU, does the president have the authority to communicate a position to external parties that is contrary to a resolution passed by the ASMSU Senate?”

The resulting vote was 6 - 1 against.

The majority opinion, authored by Chief Justice Emma Forster, established that official capacity refers to positions afforded to an individual because of their status as president. Article VI-ii(b) of the ASMSU Constitution states that the president is the official representative of both ASMSU and students.

Based on Article VI-ii(b), this means that in an official capacity, the president must speak in line with ASMSU resolutions at events where they operate as the voice of ASMSU, according to Forster’s opinion.

In an interview with the Exponent, Forster said this includes settings such as Board of Regents meetings and Montana University System meetings, where the president is the only voice of ASMSU.

“Our bylaws and our constitution are very, very clear that the official opinion of the body of ASMSU is determined by the senate,” Forster said.

The dissenting opinion in the ruling, authored by Associate Justice Andy Watanabe, also acknowledged Article VI-ii(b), but argued that the president should be able to express a different opinion if they feel the need to because the same article also calls them to represent students.

His opinion indicated that, if the president believes the opinion of the student body is in opposition to that of the senate, it may be necessary for them to voice that opinion.

Forster said that the ruling doesn’t restrict the president from representing both students and ASMSU at the proper time, but specified that the president is the only voice that can represent ASMSU in certain settings, and in that capacity, must voice the opinion of the senate.

“Senate leadership doesn’t necessarily get the opportunity to represent the organization outside the walls of the senate,” she said.

According to Forster, there would be no reason for the senate to pass resolutions if they were not represented by the president in meetings where they speak for ASMSU.

The ruling was brought to the court by current ASMSU President Lenny Triem, according to Forster.

“As the president, I have a scope of authority, and so does the court,” Triem said. “The process by which this ruling was made has been consistent with those scopes, and as such, I have complied with the ruling.”