Monday, March 23,1.998 .
Editorial
The latest Penn State Harrisburg
power struggle; SGA and the student
court battle over constitutions
I know you are but what am I.
A few problems arose at the last Student Government Association meet
ing (March 17). They sounded a little like this.
The focus of all the controversy was the constitution—in particular, the
student court's objections to revisions SGA was planning.
A little background: this semester, the constitutional revisions commit
tee began incorporating the constitution of the student court into their
own. They were hoping to eventually form one common document for
all the branches of student government.
The justices, however, felt some proposed amendments would usurp
some of their separate judicial power. Instead of allowing them to con
tinue under their own power and guidelines, they would be required to
work under SGA's.
So, along came the SGA meeting. What was supposed to be a last
confirmation of the candidates and the constitution turned into an endless
debate. In fact, it became a struggle; SGA trying to get the issue passed
and the courts threatening to shut them down if they did.
In the end, a motion to postpone the elections was passed, hoping a
little more time would help get the kinks worked out. It all left The Capi
tal Times asking why?
Why does the student court have their own constitution to begin with?
Certainly, no reason exists to blame the current court, as their constitu
tion was in place long before they arrived. But just as certain are the
redundancy and the conflict of having it remain.
One of the court's functions is to preside over the constitutions of SGA
and all other clubs. Who, then, presides over their constitution? In the
interest of checks and balances, the court should not have a separate docu
ment. A prime example - the U.S. Supreme Court and the rest of our
government work under one, universal constitution.
Why did SGA recognize the courts complaints at all? The process the
legislature was working through was an amendment process. The courts
essentially have no jurisdiction here. Rather, they preside over legisla-
tive procedures.
So, to stop the process, the judiciary threatened to shut down SGA.
How is it possible one body of government can shut down another? Where
are the checks and balances in that?
An argument was raised by the court who said SGA was in violation of
their own guidelines by incorporating the court's. Again, this is not legis
lation. The court has no power to rule over an amendment process. If the
students vote it through, those amendments become part of the document
the court interprets.
For example, imagine an U.S. amendment calling for the summary ex
ecution of anyone over 6 feet tall. While the courts, and hopefully every
one else, would think it is preposterous, nothing could be done to stop it
save public rejection.
Imagine again that it had overwhelming support and made it through
the amendment process. It would now become part of the constitution,
despite the conflict of a tall person's right to "life, liberty, and the pursuit
of happiness." The Supreme Court would then have to weigh cases using
this amendment as well as all the others.
Seem preposterous? Think of the repeal of prohibition. Another in
stance where two amendments directly conflict.
Such is the case here. The debate at PSH was over an amendment
process, not a legislative one. The court has no jurisdiction over this. Yet
the elections were postponed because of the protracted discussion.
So where do we stand now with elections postponed and no solution in
sight? The threats being volleyed back and forth here are, frankly, a little
childish. Be that as it may, SGA must stand up and do what common
sense dictates. There is no reason for two separate constitutions. In fact,
the reasons actually stand against it.
On the other hand, SGA must also be willing to listen to the judiciary.
Together they must create a foundation of checks and balances for both
sides. Perhaps another "great compromise" is in order.
Finally, students must participate. Get a copy of the constitution, read
it and vote your conscience. Let your representatives know what you
want and expect.
Anyone over 6 feet tall will thank you for it.
OPNINIONXDITORIAL
Dear Editor
Disquiet filled me as I read the
front page of the February 19, 1998
issue of T Capital Times, which
described how flyers belonging to
the Black Student Union were de
faced in two separate incidents.
Adding to this feeling of unease was
the vague memory of another article
within the Cap Times, published in
recent months. In it, much space
was devoted to the importance of
"people thinking" and how the Uni
versity should continue to improve
its attempts to produce graduates
whose educations are multi-faceted,
regardless of economic or business
pressure on the University contrary
to that goal. The polarity of these
incidents, against our mutual inter
est of progression toward that goal,
should be of concern for everyone
here on the Capital Campus.
Seeking answers to the internal
question, "What can we do?" in
cluded a first stop in the Student
Assistance Center. To demonstrate
support to those students who were
the targets of the racial-hate inci
dents, I learned messages of con
cern from all students are welcome
and will be forwarded; and how in
tegral this action is to sustain and
Search continues for contributors
In what has become a constant process, The Capital We do take pride in what we publish, but realize it is
Times is again looking for writers and photographers. a school paper. While little reason to be intimidated
Throughout this semester's issues, the same few exists, we understand you may be. Whether you are
names have been appearing too frequently. Why? Sim- not confident in your writing skills or just worried about
ply because contributions are that limited. peoples' reactions, do not fret. We are willing to help
In order for this paper to cover a wide variety of hap- you get your work out there.
penings at PSH, we need a number of different people After all, this may be the best way to get published.
from a number of different areas. That always looks good in a portfolio or resume.
nig Capital Zoo is published by the students of Penn %telly,.
risburg. Opinions expressed are solely those of the author and are
not representative of the college administration, faculty or student
body. Concerns, regarding the content of any issue should be di
rected to the editors.
Capital Times welcomes signed letters from readers. No un
signed submission will be reprinted, however, a writer's name may
be withheld upon request and by approval of the editors.
You may reach Mc Capital limo at Penn State Harrisburg Cam
pus, Olmsted Building, W-341, 777 W. Harrisburg Pike, Middletown,
Pa., 17057. You may phone at (717) 948-6440, or email at
captimes@psu.edu.
aterials - articles, photographs and artwork are property of
Theli .
mes. No parts of this paper may be reproduced with
out the expressed written permission consent of the editors.
The Capital, limo doeknot endorse its advertisers.
Letter to the editor
The Capital Times
Daniel A. Zehr
continue the vast majority's advo-
cacy for an educational atmosphere
free from intimidation and fear.
My second conversation discuss
ing the incident involved a profes
sor whose professionalism, and re
gard with students, is unsurpassed.
His normally pleasant and cheerful
demeanor was temporarily dis
placed by an infinite sadness, a
weariness which I could only inad
equately describe. He recounted
that this type of behavior has been
ongoing for decades, and in clos
ing, he ended with the words, "So
what can we do? These things will
continue."
Though he did not mention the
words losing, nor loss, this is pre
cisely the emotion I feel. I feel a
personal loss for all of us. Meet
ing and getting to know other stu
dents has been a valued part of my
educational experience at Penn
State-Harrisburg, and it helps me
to know that I am not alone. The
questions I've posed in order to
learn more about another student's
heritage have always been met with
delight, and details that make one
hunger for more.
Listening to the narratives of
people, places, and events, I have
Matthew J. Bowman
Editors
shared many things - among them,
the wonderous history of Palestine,
the beauty of the Black Hills of
South Dakota, the inspiration and
courage of leaders from every cul
ture imaginable. This collective
knowledge, part of us, is simply un
available from any text, regardless
of how well-written. For the per
spective of the teller is part of the
tale. Our loss, then, would be for
silence to take the place of the nu
merous echoes which, together, re
late our history, that which is a pre
cious heritage of humankind.
And the question itself still ech
oes, "What can we do?" As silence
is often misunderstood as tacit ap
proval, part of our response to these
incidents must be to answer the
challenge of the Cap Times editorial:
to courageously, determinedly, and
consistently push ourselves to be
come critical thinkers. The actions
of thinking persons are just and eq
uitable: giving every consideration
and support to our diverse commu
nity, including speaking out against
intolerant remarks and actions.
Think. Act. Please.
Sincerely,
Melissa L. Yeager
Dani Church
Entertainment Editor
Christine Downs
Business Manager
Jeffrey C. Warren
Photographer
Lauren Capitani
Layout
Jaekie M9yer
Staff Writer
Makito Yuxita
Staff Writer
Y
~,:
MIME