1. As this is an executive order, an action affecting all students of the University of Michigan, it plainly falls under the jurisdiction of CSJ via 51.10:
51.10 Jurisdiction. Article X, Section C of the All-campus Constitution states that the CSJ "shall have original jurisdiction over any case brought against a student, group of students or student organization, and heard anywhere in the University, in which there is no other judicial body with jurisdiction".

2. First, it is believed that the President does not have the authority to issue an executive order of this form. If it is given that the President does have such authority, it is further alleged that the contents of order directly violate the action and will of more than 2/3 of the legislative body. Finally, if this order is found to be valid, it is further alleged that insufficient notice has been given to students to properly comply with such an order.

a. From the Executive Order, “NOW THEREFORE I, ABHISHEK MAHANTI, AS THE DULY ELECTED PRESIDENT OF THE MICHIGAN STUDENT ASSEMBLY AND BY THE POWER VESTED IN ME BY THE ALL-CAMPUS CONSTITUTION AND THE COMPILED CODE OF THE MICHIGAN STUDENT ASSEMBLY DO HEREBY ORDER THE FOLLOWING…”
i. Examining the relevant sections of the Compiled Code (Article III.A.1) and the Constitution (Article III.A.1), quoted below for convenience, the President is not granted the authority to issue such an executive order. Furthermore, no clauses regarding implied powers could be found; as such there is no salient power “vested” to the President to undertake such an action.

b. During the General Assembly Meeting conducted on March 9, 2010, the assembly ruled on a vote of 24-9 to allow the MSA package service to continue. It is alleged that this executive order directly contradicts the will of the assembly. It is noted that the margin on this vote exceeds the commonly accepted 2/3 standard for a legislative body to overturn an executive action. Given that executive orders are not specified anywhere in the Constitution or Compiled Code, it is believed that the 2/3 standard is in good faith in this context.

c. The order declares that any packages postmarked after March 9, 2010 – today – shall be returned to sender by the MSA office staff. In addition, the order requires that notice be sent to students within 24 hours of the order’s passage. This does not allow sufficient time for students to accommodate the new regulations put in place by the executive order.

3. We demand two reliefs, namely:

a. That a temporary restraining order stopping the actions of the President (and his executive orders) be issued until a pre-trial hearing can be held and an injunction preventing these actions. It is desired that at the least the TRO / injunction will remain in effect until at least 5PM Friday to allow students ample time to comply with the new regulations and / or take the necessary actions to ensure that they do not lose any package, particularly any which may be of a time-sensitive nature.

b. That the actions of this executive order be declared null and void.


(Compiled Code: Article III.A.1)
The President will preside at meetings of the Assembly, oversee and coordinate
all MSA activities, and be the chief spokesperson for MSA unless otherwise
specified in the Code or Constitution. The President may appoint a chair to
preside over any portion of an Assembly meeting. The President must appoint a
Treasurer, Student General Counsel, and Chief of Staff prior to the end of the Winter Semester.

(Constitution: Article III.A.1)
1. President. The President shall be the chief executive officer of the
Michigan Student Assembly, President of the Student Body, and shall
preside at meetings of the Assembly with the power to vote. The President
shall call special meetings of the Assembly or the Steering Committee,
collect and disseminate information to the Assembly regarding the
activities of the University, and shall coordinate MSA activities.