First off...this is not a Bush=Palpatine blog.

Nor do I want any comments to that effect...post one, and it's deleted and you're blacklisted.

Now that that's out of the way...




Inspired by JediCommando613's In-depth Politics entry about the set-up of the Old Republic Senate, I decided to do a bit of research into whether Palpatine's rise to Emperor, evil as it was, was executed legally.

*yes I know how sad that is...but let's face it, when I'm at work...I have little else to do*

My conclusion:

Yes.

Palpatine was well within his full legal authority to declare himself Emperor of the Galaxy.

How?

The Old Republic was set up in a parliamentary system similar to the British government, but with a few differences. In the Old Republic, there was only one House, and it incorporated both the legislative and executive branches of the Republic's government. Senators were either, popularly elected by their districts, appointed by their district's ruler or the district's ruler himself.

For legislation to become law, it only required a majority vote of the Senate. Veto power did not really exist since, in a parliamentary system, the Chief Executive was selected from within the Senate body and is selected by popular vote of the senate...thus, the majority party or ideology holds both majority status in the senate and the office of the Chancellor.

So, how does all this civics gobbley gook lead to the Palpatine's legal avenue to become Emperor?

When I say that all legislation required was a majority vote, I mean all legislation, which includes amendments to the Galactic Constitution of the Old Republic.

Thus, when the Senate voted in the affirmative to grant Emergency Powers to Chancellor Palpatine, that was the legal law of the Galaxy.

Similarly, when it voted to repeal the term limits of the Chancellor's office from the Constitution, legally, the term limits no longer existed.

And so on with the Enhanced Security and Enforcement Act and the Security Act which granted further executive powers to the Chancellor.

Could these enhanced powers be rescinded? Yes, but only by a vote of the Senate and as long as Palpatine maintained a loyal majority, which would never happen.

Nor could the Republic's Supreme Court deem the enhanced powers Unconstitutional. Why? Because, when the Senate granted the powers...they became Constitutional.

Finally, when Palpatine declared himself Emperor, it was greeted with overwhelming support, thus making it Constitutional...

So this is how liberty dies, with thunderous applause -Senator Padme' Amidala-Skywalker

Using his new office, Palpatine issued the Imperial Charter.

Contained within the Imperial Charter was language that made it impossible for Senators to question edicts of the Galactic Emperor. The deed was done.

With full legal and Constitutional Power, Palpatine became the first Emperor of the Galactic Empire.

Now, could such a thing happen in the United States?

Well...

Unlike the Republic, the United States is a Representive Democracy, not a parliament.

Representatives are selected by popular vote in their districts, then those representatives cast votes on legislation as they see fit. Also, the Chief Executive is also independently selected by the citizenry by an electoral system based on popular votes. He/She is not selected from within the legislative branch nor does the party/ideology of the President always hold majorities in the legislative branch.

Legislation can be vetoed by the President, and legislation suggested by the President can be voted for or against or simply ignored by the Legislative branch.

Also, any laws passed by the legislature, and signed by the President that clearly violated the Constitution, as currently written, could be ruled Unconstitutional by the Supreme Court.

And this is the most import point. Amendments to the Constitution of the United States require Super-majority votes of both houses of Congress, meaning 2/3 votes AND passage by 3/4 of the states, passed by popular votes in the states.

Now, what does this mean?

It means that while rights and basic tenants that many consider entrenched and written in stone, are not quite that permanent.

Could the say, Fourth Amendment, be repealed?

Could the two-term limit on the President be repealed?

Yes, they could. But it would require that 2/3 of both houses support it, and populations of 3/4 of the 50 states support its repeal as well.

Possible? Yes.

Probable? No.

So could a President maneuver himself into a position to declare himself Emperor of the United States?

Well....while not as directly or as easily as Palpatine did, it is conceivably possible.

BUT!!!!!

It would require such a majority of support from the population of the country and in both houses of Congress, that the chances of such a move happening...

...are infinitesimal.