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'Copyright 1987 The Day Tar Hee
Serving the students and the University community since 1893
Volume 95, Issue 22
Wednesday, March 25, 1987
Chapel Hill, North Carolina
News Sports Arts 962-0245
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Show of hands
The Chuck Davis African-American Dance Ensemble completes
their outdoor performance Tuesday by encouraging the crowd to
show brotherly love and support This is a part of the Southern
Accents Fine Arts Festival '87.
By JEAN LUTES
University Editor .
The Student Supreme Court ruled
Tuesday that a bill passed by the 68th
Student Congress at its last meeting
Feb. 18 was invalid because the
meeting was held in violation of the
The decision came four weeks and
six days after the bill, which would
have forbidden congress members
from voting on the funding of
organizations to which they belong,
The court ruled in favor of Guy
Lucas (Dist. 19), a member of the
69th Congress who brought the suit.
His case centered on the. interpre
tation of a clause in the Student
Constitution that states that congress
members are "to serve one year and
until their successors are elected."
According to an order issued
Tuesday by the court, the clause
means that the term of newly elected
representatives begins when they are
Chief Justice Maria Baxter said
the Feb. 18 congress meeting was
"improperly convened" because the
members of the new congress had
already been inaugurated when the
old congress met.
The court also issued an order
prohibiting newly elected and inaug
urated student body presidents from
voting as congress representatives
under any circumstances.
Student Body President Brian
Bailey, who was a member of the
old congress, voted at the now
invalidated congress meeting.
Baxter said the court was able to
make a summary judgment in favor
of Lucas at a pre-trial hearing
Tuesday night because the defend
ants named in the suit admitted to
all the allegations made in Lucas'
"It turned out to be more trouble
than it was worth," said Student
Attorney General Doug Thomas,
who represented the defendants
the 68th and 69th congresses, Stu
dent Body President Brian Bailey,
Speaker of the 68th Congress Jaye
Sitton and Speaker of the 69th
Congress Rob Friedman.
See CONGRESS page 6
By MATT BIVENS
The government must cut or put
ceilings on unnecessary expenditures
in order to curb the federal deficit,
the greatest problem facing the
nation today, former President
Gerald Ford told about 2,000 people
in Carmichael Auditorium Tuesday
Ford s speech, sponsored by the
Carolina Union Forum Committee,
the Archie K. Davis Management
Lectures, and the Institute of Private
Enterprise, also dealt with federal
deregulation of business and tax
"In my judgment, our government
has badly mismanaged our fiscal
affairs in the last five years," said
Ford, a Republican and the only
chief executive not elected to either
president or vice president.
The budget-making process is
ineffective because formulators of
the budget are forced to predict what
the economy will be doing too far
into the future, he said.
"You cannot be precise in
December of 6 as to what the
economy will be like in October of
7," Ford said. "It is, to a significant
The national deficit has grown
into a "time bomb" over the past five
years, and definite steps must be
taken to end it, he said.
Congressmen grabbed at the
which calls for the across-the-board
cuts in federal spending and a
balanced budget by 1990, out of
frustration over their inability to
control the deficit, he said.
all its good intentions and high
motives, had little impact," he said.
Entitlements or transfers, which
include social security, government
salaries, food stamps and aid to
farmers, represent 45 percent of
annual federal expenditures, and
restraints should be placed on them,
Although the United States has an
See FORD page 6
Petitions Emock noise levels
By TOM CAMP
Student Government members
will present petitions protesting
Chapel Hill's noise ordinance at the
next Town Council meeting, Student
Body President Brian Bailey said
The petitions will protest the
councils Feb. 9 decision to lower the
noise level from 85 decibels to 75
decibels and to change the cutoff
time from 1 a.m. to midnight for
events that must be granted noise
Students need to be aware of how
the noise ordinance will affect them,
Bailey told 25 students Tuesday in
a meeting in the Student Union.
"I think students are concerned
about the ordinance, but they really
won't know what it means until it
affects them," Bailey said.
Under the ordinance, Pi Kappa
Phi's annual Burnout party would
exceed the noise permit limits. "The
reduction in sound is going to hurt
this campus," Bailey said. "When
people come to parties late, they are
going to be mad when the music is
cutoff at 12."
Because decibels are a logarithmic
function, decreasing the noise limit
from 85 to 75 would cut the sound
allowed in half, Bailey said.
A noise permit, which must be
granted by the council, extends the
regular noise limit of 50 decibels
between II p.m. to 8 a.m. and 60
decibels between 8 a.m. and 1 1 p.m.
To change the ordinance, Bailey
said, students should show the town
that they care about the issue. "Many
See NOISE page 4
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Gerald Ford: "Our government has badly mismanaged our fiscal affairs in the last five years." .
By LAURA PEARLMAN
A campus organization to
emphasize strong student action
and the need for campus-wide
demonstrations was officially
recognized by the University last
The Coalition for Progress is
composed of diverse students
who are enthusiastic about pro
gressive expression, according to
the group's founder, sophomore
Keith Cooper of Windsor.
"We will hold demonstrations
about issues from racism to
Ronald Reagan's shaky foreign
policy as a threat to democracy
here in the United . States,"
Cooper said. "Also, the coalition
will be involved in humanitarian
functions, including food drives
and charitable donations to the
"We want to hold frequent
demonstrations in the Pit, includ
ing debates between people of
remarkable credibility, like pro
fessors and active students. I'd
like to see people like Amy Carter
and Jesse Jackson come."
Receiving official University
recognition makes student groups
eligible to receive a portion of the
student fees allocated by Student
Congress in its annual budget
Cooper said he wanted the
coalition to become one of the
most active and progressive
See COALITION page. 4
e disposes Jiidliciail comsttranmite
By RUTH DAVIS
Although judges have considera
ble power, it is constrained by self
respect, colleagues and the political
system, Judge Alex Kozinski of the
9th Circuit Court of Appeals in
California told about 50 people at
the UNC Law School Tuesday night.
Kozinski, a Romanian-born
immigrant and the youngest judge
appointed since 1892, spoke on
"What I Had for Breakfast and
Other Mysteries of Judicial
Decision-Making," at a presentation
sponsored by the Federalist Society.
"Judicial decision-making used to
be thought of as a farce," he said.
People thought judges' decisions
depended on how well their day went
or what they had for breakfast, he
"But if you accept the notion that
what judges eat has a bearing on their
decisions, they'll make the same
decision on everything," he said.
Kozinski said judges have the
power to interpret the Constitution
and to decide the extent of executive
"But the fact is judges can't
conduct these powers in a vacuum
without constraints," he said.
He said the first constraint, self
respect, is internal.
"Judges have to look in the mirror
every- day just like everyone else," he
said. "And they have , to like
Colleagues also exert pressure on
their peers, he said. ,
"You have to be able to persuade
the judges on the panel with you,"
he said. "Even if there is no back
vote, there still may be a strong
He said while almost any judge
can get away with breaking the rules
sometimes, the judge cannot aban
don principle consistently because
decisions will be scrutinized by
The political system is a third
constraint on judicial decision
making, he said.
The most recent example of
political constraint was the removal
of three California Supreme Court
justices based on their voting
records, Kozinski said.
"The electorate was persuaded
these justices were not judging
fairly," he said. "Indeed there are
principles of law that are objective."
But, he said, the principles are not
always applied in the same way.
"One can always play with lan
guage," he said. "A clever lawyer can
always come up with some way to
interpret the law. But he still has to
pass the face test he still has to
face himself in the mirror."
Lawyers and judges must consider
See JUDGE page 6
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L U V.
With two, love may be Platonic, but with three this is harder. F. H. Bradley