CONGRESSIONAL RESOLUTION NO.

09-10-33

Sponsor(s): Daniel Herman (Congressman)

Co-Sponsor(s): Josh Nosie (Congressman)
Filed on Feb. 28, 2010. Considered on 3/02/10 with a final disposition of Unanimous Approval.

RESOLUTION TO AMEND THE CONSTITUTIONAL REQUIREMENTS OF THE

JUDICIARY

1 WHEREAS, Article IV Section 5 Part C of the Constitution of the IUSA requires that the IUSA
2 Supreme Court, “grants a writ of certiorari,” for all challenges heard; and,
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4 WHEREAS, This clause mandates that the Court produce a writ even when a case has been directly
5 submitted to it; and,
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7 WHEREAS, A formation of a writ is only necessary when a case being heard by the Court has been
8 previously seen by a lower court in the University system; and,
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10 WHEREAS, The Court is effectively issuing a writ to no party in particular and thus, delegitimizes its
11 work to address other challenges;
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13 THEREFORE LET IT BE RESOLVED, That the IUSA Congress supports a change of Part C, D,
14 and E to read, “(c) The IUSA Supreme Court shall hear any request for a hearing or other judicial
15 action involving a case of original jurisdiction if two-fifths of the Supreme Court agrees to hear the
16 request. Any such request and subsequent decision to grant a hearing will be made public within forty-
17 eight hours of the associate justices being notified by the Chief Justice. If the request is a
18 constitutionality challenge or a challenge to the bylaws, the Clerk will also inform the executive
19 officers, directors, and members of the IUSA Congress.
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21 (d) Any request for a hearing or other judicial action involving a case of appellate jurisdiction
22 will not be heard unless two-fifths of the Court grants a writ of certiorari within forty-eight hours of the
23 associate justices being notified by the Chief Justice. If a writ of certiorari is granted, the Clerk will
24 make the writ public immediately in addition to informing the executive officers, directors, and
25 members of the IUSA Congress.
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27 (e) Members of IUSA will have five calendar days from the time the Clerk makes the request
28 public to submit amicus curiae briefs to the IUSA Supreme Court. In the case of a constitutionality
29 challenge or a challenge to the bylaws, members of IUSA will have seven days from the time the Clerk
30 makes the requests for judicial review public to submit amicus curiae briefs to the IUSA Supreme
31 Court.