[17662] in APO-L
Re: Beginnings/Ends
daemon@ATHENA.MIT.EDU (Daniel Roberts)
Thu Nov 20 10:16:01 1997
Date: Wed, 19 Nov 1997 23:30:31 -0500
Reply-To: "danr@netwalk.com" <danr@netwalk.com>
From: Daniel Roberts <danr@netwalk.com>
To: Multiple recipients of list APO-L <APO-L@VM.CC.PURDUE.EDU>
On Wednesday, November 19, 1997 7:29 PM, Jeremy Licata
[SMTP:dcnblus@HOTMAIL.COM] wrote:
> >>Jeremy's point, though, is valid: where does the "organization" end
> >>and the "chapter" begin?
> >The organization ends at that point where the chapter's rights are
> >comprimised. If the National Fraternity defies our chapter's rights,
> >it will destroy our chapter, whether by irrevocably changing it, or >by
> causing its immediate and permenant removal from our campus.
>
> hhmmmmm.... this is the first attempt at a division point that I've
> seen. Sounds a bit like State's Rights arguments...
>
> "The powers not delegated to the National Fraternity by the
> Organisational By-Laws, nor prohibited by it to the Chapters, are
> reserved to the Chapters respectively, or to the members."
>
> Sound familiar? Try the 10th Amendment, substiting National Fraternity,
> Chapter and members where appropriate:
>
> "The powers not delegated to the United States by the Constitution, nor
> prohibited by it to the States, are reserved to the States respectively,
> or to the people."
>
> I know -- APO was not founded as a Republic, or a Democracy. But is this
> an accurate reflection of the division, or is there more?
>
I am more familiar with BSA legalities but the general rule in private
organizations is No. The National Organization is the legal entity with
the authority to grant charters and memberships. The chapters, I would
think, unless someone can show me differently in the legal documents, have
no legal standing not granted to them by the National Organization. An
important point is that these national policies, rules, and regulations are
ordained by the members in convention.
The National government can not cause a state to cease to exist without
its consent. The National convention can kill a chapter.
Dan Roberts
