Because the charter is still in effect, period. The UESF Charter would have to be nullified
I admit I could be wrong about this, but as far as I know,
military organizations are not actually defined by a charter. In the U.S. (or so I'm told over the weekend) it's defined by statutory laws that spell out the organization's legal roles and responsibilities; these could COLLECTIVELY be called a charter, but are not AFAIK part of any specific legal document.
That may be, but ENT's "Affliction"/"Divergence" established the existence of the United Earth Starfleet Charter, outlining the UESF's responsibilities and capacities. So at least in this regard, we know what piece of legislation authorizes the existence of the UESF -- we have canonical evidence of a divergence from U.S. law.
That being said, I think you're dismissing without cause the fact that the Starfleet charter could simply be amended without actually disbanding the organization. I am told that private companies actually do this fairly regularly when adding/removing board members or acquiring large parts of other companies. Political organizations tend to be a bit slower on this regard, but I don't think that would apply to Starfleet.
I, on the other hand, can't imagine that it would be so simple as that. You'd have to fundamentally re-write United Earth law, since, amongst other things, you'd be taking away its major agency. And then there's the problem that United Earth would retain the capacity to change the UESF Charter again as it likes, since it would remain the issuer of that charter and thus the determiner of who the UESF works for. Why would the Federation give United Earth that much control over one of its most
essential organizations?
From the Federation's POV, it would be much simpler to create its own separate Starfleet and to ask the existing Member State space forces/space organizations to transfer ownership of some of their ships to the FSF and to grant FSF commissions to some of their personnel.
No, not semantics. Legal status. You are confusing an organization's property (ships and bases) with the organization itself.
I don't think I am,
In the bit I quoted, you were, since you were arguing that if the FSF is made up of the same ships as the UESF, it's the same organization even if it was raised separately under a distinct legal document by the Federation government rather than the UE government. You were, in essence, arguing that it's the same organization if it happens to own the same property.
since the organization ITSELF can change hands without becoming a new organization. For example, if Congress passed the "Big Operational Novelty Enabling Hungry Elephants Access to Dallas (BONEHEAD) Act which placed the entire Air Force under the direct authority of the Mayor of Dallas, it would still be the same Air Force, just with a few links sliced off the chain of command (or added to it, depending on the details). That's because the Air Force is defined by statutory law, not by any distinct charter, and Congress can arbitrarily reassign the Air Force's organization and structure in either small or enormous ways without officially disbanding it.
Well, first off, it would be a better comparison to say that the legislation would place the U.S. Air Force under the authority of the United Nations Secretary-General rather than the Mayor of the City of Dallas.
But the problem with that comparison is, even there, it's still going to be the
United States Air Force, not the United Nations Air Force. It's just the U.S. Air Force obeying the UN Secretary-General because of U.S. statute. If the statute changes to go back to the United States President being their c-in-c, the U.S. Air Force would go back to how they operate today. The United Nations would have no control over it.
(interestingly, the President of the Federation is NOT the Commander in Chief of Starfleet).
That's not strictly true. While it's true that there's a Starfleet officer who receives the title of "c-in-c" and is apparently in overall operational command of the Federation Starfleet, the DS9 episode "Paradise Lost" had Sisko explicitly referring to the Federation President as being Starfleet Admiral Leyton's "commander-in-chief."
This doesn't present any real problems, though. A military chain of command can include multiple commanders-in-chief, because being a CINC doesn't automatically refer to having command of the
entire military, just a specific group. For instance, the Combatant Commanders of the U.S.'s
Unified Combatant Commands (UCCs) used to be known as the commanders-in-chief of their UCCs. So you'd have the President of the United States serving as CINC of the United States Armed Forces, and you'd have a flag officer serving as CINC, U.S. Central Command, etc.
It was only in 2002 that Defense Secretary Donald Rumsfeld re-designated the UCC CINCs as Combatant Commanders, in order to preserve the term "commander-in-chief" for the President for propaganda purposes.
So the fact that there's a CINC of Starfleet, yet that CINC takes orders from the Federation President in the same movie in which he is established (ST6), and that the Federation President is referred to as the CINC (DS9's "Paradise Lost") doesn't present a problem. We can simply assume that "Bill" in ST6 (named William Smilie in the novelization) is the CINC of the Federation Starfleet, and that the Federation President remains CINC of all Federation Armed Forces (including, for instance, the Federation Naval Patrol, whose existence was established in VOY's "Thirty Days").
In a nutshell: you're assuming way too much in claiming the two organizations CAN'T be the same.
I'm looking at historical precedent. It is irrational for the Federation to rely on a Member State to continue to allow it operational control over one of its Member States's space forces, and in real history, new navies have always been chartered when states have united to form a new state. The Massachusetts State Navy is not the same organization as the United States Navy; the Scottish Royal Navy is not the same organization as the British Royal Navy.
Then they would necessarily have to found a new organization so as not to be accused of marginalizing someone else's space forces in favor of Earth's.
What makes you think they didn't?
Because it's the United Federation of Planets, not the United Earth Hegemony.
I happen to think this was exactly what they had in mind with the decision: a dozen alien races
Four alien races. ENT's "Zero Hour" explicitly established that the Federation was founded by Humans, Vulcans, Andorians, and Tellarites. The novels have interpreted that to mean that the founding worlds were Earth, Vulcan, Andor, Tellar, and Alpha Centauri (with Alpha Centauri being a former United Earth colony which achieved independence prior to the founding of the Federation).
that don't trust each other and aren't comfortable letting any one of them operate with the legal backing of the entire Federation... why not hand that authority over to what is still--even in the 2160s--the least threatening race in the entire Federation?
Because that would rather obviously weaken the entire Federation and inhibit its ability to protect all Member States from external threat. You're also forgetting that those worlds had just gone through a rather horrible war with Romulus together -- why would they be so unwilling to trust one-another after that? Far more probable that they'd all donate a portion of their space forces' ships to a new Federation Starfleet, with an integrated Federation Starfleet Command structure in which all of their races are represented and no one is marginalized.
The idea that they'd willingly subject themselves to an Earth hegemony is just silly. The Federation is founded on equality, not domination.
If Journey to Babel (and for that matter Babel One) is any indication, Starfleet is basically the Designated Driver of the entire quadrant;
Well, the Designated Driver for the Federation government, anyway. Which it could be even if it were the Federation's military, founded in 2161, with a completely integrated command structure including Earth, Vulcan, Andorian, Tellarite, and Alpha Centauri ships and personnel on all levels; this isn't evidence of anything one way or the other.
The evidence is in the very nature of how governments function.
Again, the devil's in the details. The
United States government defines its armed forces by legal statutes; the
United Earth government (evidently) does not.
You have not presented any evidence of that.
Any comparison you can draw to a modern day military becomes meaningless whenever a character refers to "The Starfleet Charter" instead of "The Federation Starfleet Act" or something.
Is there some particular reason that, legally, a charter
can't be the legal term for legislation that raises a military? I know it's not what the U.S. tends to do, but I don't think that the use of the term "charter" necessarily excludes the organization being chartered from being a legal military.
And you're still ignoring the numerous on-screen references to the Federation Starfleet as being a military.