Jump to content
The Official RONR Q & A Forums

Constitution vs. Bylaws


ZebWatkins

Recommended Posts

I recently have been hired as a consultant to a fraternity and I have a question about governing documents. The National fraternity is incorporated and uses its "National Constitution" to govern its business and operations. Each chapter of the fraternity is chartered as a part of the organization as a whole. As I'm going through lists of governing documents, there seems to be a wide gap in what these documents are called: some are referred to as "Chapter Constitution" and some as "Chapter Bylaws." When I was in college, my own chapter had a "Chapter Bylaws", and I was under the impression that this was the appropriate name for a chapter-level document, because the "National Constitution" is an official constitution and supersedes any chapter governing documents. So, my question is, which of the three is correct:

1) Chapters should refer to their governing documents as "Bylaws", because they are subject to a National "Constitution".

2) Chapters should refer to their governing documents as "Constitution:, because "Bylaws" should only be used if a chapter already has a "Constitution".

3) Either "Constitution" or "Bylaws" is appropriate; it's just a matter of preference. In the long run, it doesn't matter.

Link to comment
Share on other sites

So, my question is, which of the three is correct:

1) Chapters should refer to their governing documents as "Bylaws", because they are subject to a National "Constitution".

2) Chapters should refer to their governing documents as "Constitution:, because "Bylaws" should only be used if a chapter already has a "Constitution".

3) Either "Constitution" or "Bylaws" is appropriate; it's just a matter of preference. In the long run, it doesn't matter.

I'd say #3 is closest to the mark. RONR recommends a single document called "The Bylaws" (or, alternatively, "The Constitution & Bylaws"), however many organizations will have two documents with the constitution being more fundamental (and more difficult to amend). Further, some organizations may also have articles of incorporation.

But RONR has nothing to say about superior and subordinate organizations as it pretty much treats each organization as a self-contained entity.

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...