Most of all, in "Homefront"/"Paradise Lost," we see the Federation President declare martial law on a Federation Member State's capital planet
Declaring martial law isn't a power exclusively in the hands of a head of state. State Governors, of course, can declare martial law. As can military leaders, military leaders can declare martial law ( Andrew Jackson at New Orleans) because the power to do so was delegated to them by their political superiors. In a like manner the ability to declare martial law in emergencies is among the powers delegated to the office of Federation President by the member states. Jaresh-Inyo declared martial law on Earth strangely without going through the council.
Except that there's no evidence whatsoever that Jaresh-Inyo's declaration was strange or in any way legally questionable.
Military leaders can declare martial law... when they have been delegated that authority by the
state.
State governors can declare martial law within their states because they have dual sovereignty.
But an entity that is not sovereign cannot declare martial law, period.
The Federation would not be able to declare martial law were it not a federal state in its own right rather than a mere alliance or confederation. Its authorities are delegated to it by the
people of the Federation, not by its Member States.
Evidence? We've seen the
Federation Charter onscreen. Its preamble read as follows:
"We the life forms of the United Federation of Planets determined to save succeeding generations from the scourge of war, and to reaffirm faith in the fundamental rights of sentient beings, in the dignity and worth of all life forms, in the equal rights of members of planetary systems large and small, and to establish conditions under which justice and respect for the obligations arising from treaties and other sources of interstellar law can be maintained, and to promote social progress and better standards of living on all worlds..."
The opening sentence is very clear. The Federation derives its authority from the people of the Federation, not from the Member States which the people have also formed. The Federation Charter is a contract amongst all Federation citizens, not amongst the Member State governments.
Ronald Moore has said in interviews that the EU government was originally in the Homefront script, but was removed because of time and for simplicity (memory alpha)
Yes, though he gave no indication of what role the U.E. government would play. Also, he didn't cite time, just simplicity.
Strictly speaking, the American President can't declare martial law, only congress can.
Whichever organ of state does it, it remains that the United States can declare martial law because it is a federal state that derives its authority from the consent of its
people, not its member state governments. That's why the United States government can declare martial law and the European Union cannot.
* Not all member states are democracies. But they all do possess a single stable government.
How could a Federation based on the ideas of freedom and self-determination not require its Member States to gain democratic mandates from their citizens?
So if the Vulcan High Command was still governing Vulcan at the time, Vulcan wouldn't have been a founding member of the Federation?
Yep! Vulcan under V'Las's regime would certainly not have qualified for Federation Membership.
Ardana appears to have a aristocracy government. Kirk clearly says "Ardana is a member of the Federation."
If I'm remembering "The Cloud Minders" correctly, this fact seems to have been unknown to most Federation authorities before the
Enterprise's visit there in 2269 -- implying that their Membership was rushed through, possibly in violation of established procedures, for political reasons. DS9's "Accession" makes it clear that Ardana's social policies are in direct violation of the Federation Charter -- which is presumably part of the reason that Kirk and Spock chose to hand breathing masks over to the dissidents that they could use to protect themselves from the mental damaged caused by mine gases. The episode ends with the Ardanans being reported to the Federation Bureau of Industrialization -- making it very clear that the Federation was going to force them to change their ways. Hardly something the Federation could do if it were only able to do things its Member States allowed it to do, as no Member State would willingly allow the Federation to start fundamentally altering its society against its will.
Some additional thoughts.
* The Federation lacks the power to directly tax the member states.
This part is just absurd.
This actual works under both yours and my ideas about the Federation government.
The Federation not having the ability to tax is part of the checks and balances between the members and the Federation. Separating the Federation from it's source of finance puts the power of the purse in the hands of the members. It's part of the separation of powers, even under you interpretation of the Federation
Sci, there has to be
some limits set by the members on the Federation's power.
Certainly. And as I said above, I'd say that the specific areas in which the Federation is to have authority and in which the Member States are to have authority should be as clearly delineated as possible in the Federation Charter/Constitution/Articles of the Federation/whatever you want to call it.
But, as I said above, a government that lacks the power of taxation
will not function. It didn't work in the 1780s, it wouldn't work today, and it won't work in the 24th Century. A government that cannot control its own supply of money will inevitably collapse; that's not a
check on the Federation government's power, that's a wholesale
removal of any real power on its part. The Member States would inevitably fracture and the Federation would collapse into rival factions.
Penta, as I understand it, did not give the Federation a lower house, only the council. In a way this gives the individual member states collectively the power of a lower house.
In what sense? How so? I'm not sure I follow your logic here. Isn't that a bit like saying that if there were no House of Representatives, the United States Senate would grant to all the states the powers of the House?
The members have ambassadors, they communicate with each other directly, not solely through the Federation. Should the central government move in directions the member governments disapprove of, the members can de-fund the Federation. Financially starve it.
Which is why I say that the Federation would inevitably collapse if it cannot ensure its own financial survival. A Federation dealing with interstellar responsibilities will inevitably come into conflict with its constituent Members' more provincial concerns.
Again, your idea has been tried in real life: The Articles of Confederation. They didn't work. Had they not been replaced with a Constitution that granted the new U.S. government the right to raise its own taxes, the Union would have dissolved and the states fragmented.
ETA:
Interesting, the depiction of the Federation as being able to force Ardana to abandon its caste system is consistent with the Federation's authority to control how wealth is distributed within a Member States, which was established in "Journey to Babel." Clearly, Federation law overrides Member law when the two conflict -- and clearly, the Federation's authority, while restricted in some areas for the Member States, exceeds that of the Member States. The Federation is clearly a federal state whom its Member States may not defy.