IN THE 
Constitutional Council of the
Associated Students of Stanford University 

MIKEY LEE, 
Petitioner, 

v. 

SIXTH UNDERGRAUATE SENATE, 
of the
Associated Students of Stanford University,
Respondent. 


 

Amicus Curiae Brief


Ray J Rivera 
Associated Students of Stanford University Nominations Commission
rjrivera@stanford.edu

Pro se 


Interest of Amicus Curiae 

This brief is filed in the interest of the cohesion and robustness of the Association and the integrity of the mandate of the Association
voters, and in disinterest of any Executive slate or party named or implied in the foregoing case, or in Mefford v. Fifth Undergraduate
Senate.


Argument

Jurisdiction must be established before any case can be adjudicated.  Failure to establish jurisdiction may result in misapplication of any
binding force or other power of the Constitutional Council, such that immune parties may be falsely enjoined or censured.  Establishment of
jurisdiction is therefore a necessary primary stage of any litigation, and it is the responsibility of the court to demarcate its reach
before parties in a suit present their evidence.

In neither Mefford v. Fifth Undergraduate Senate nor the foregoing suit has the Constitutional Council addressed the jurisdiction and review
process of Constitutional Council cases.  In particular, it is not resolved whether the Constitutional Council has jurisdiction over
official, non-legislative actions of the Associated Students of Stanford University (ASSU) Undergraduate Senate.  In corollary, because the
Constitutional Council did not remand its opinion from Mefford v. Fifth Undergraduate Senate to an inferior body, it is not resolved whether
(a) Constitution Council opinion has binding force on all Senate actions; nor (b) there inheres any obligation by the ASSU Undergraduate
Senate to abide by articles of a Constitutional Council opinion rendered upon official non-legislative matters.


Conclusion

Since neither the petitioner nor the defendant in Mefford v. Fifth Undergraduate Senate demanded the Constitutional Council establish its
jurisdiction, it is incumbent on the Constitutional Council to assume the interest of both the petitioner and the respondent in the foregoing
suit.  Specifically, the Constitutional Council must establish its jurisdiction over official non-legislative actions of the ASSU
Undergraduate Senate, and the procedure for remanding opinions, before the petitioner or defendant are allowed to present their evidence.

Respectfully submitted.

Ray J Rivera

Pro se