Just watched Sic Transit Vir.
Did racist wife stay wife or did that get changed after his ending?
Did racist wife stay wife or did that get changed after his ending?
The operative word being 'stationary'...I find myself wondering if things would have been any different if B5 could move, like B4 could.
If Sheridan could have retreated to friendly (or at least less dangerous) territory, like a starship could, perhaps he might not have been forced to secede?
Actually it probably wouldn't have made a ton of difference. Even if B5 was moveable, I doubt it could move anywhere near as fast as a starship. And surely it wouldn't be able to jump?
(side note: did we ever, in all of B5's run, see anything larger than a single capital ship take a trip through a jumpgate?)
But who gets to decide that, legally?
How do we know it was illegal of him to dissolve the senate? I don't believe that's stated during the series.
I largely support what Sheridan did, but from a legal standpoint, there are a lot of holes in it.
Well, I'm not even sure how it works in the modern day with regards to the President (of the US, let's say) declaring martial law
Clark's conspiracy to have Santiago eliminated was obviously illegal (though given events in the US over the past four years...nevermind...), but from a legal standpoint I am curious as to when his public actions explicitly crossed the line. If he has the legal right to declare martial law,
does he also have the right to dissolve the senate?
Does he have the right to order bombings of civilian targets?
It does seem he was ordering people held without trial, which I imagine would be illegal, but maybe Earth law did allow for that...
The military may have a duty to uphold the constitution, but we don't know what the constitution looks like in that day and age either. It's probably not the US Constitution as it's not the American government.
The Cortez an Explorer class ship almost as large as B-5, was the single largest ship in the series that I saw, go through the jump gate by itself.
![]()
![]()
I agree with your entire post but I don't have anything to add except to respond to this last bit. I'm all for this reimagining!Still upset they named that ship after one of the most vile tyrants in history. Personally, I like to imagine that ship's full name was the EAS Alexandria Ocasio-Cortez.![]()
"Legitimacy" isn't really a legal concept as much as it is a political concept. It's the shared view of a majority of people subject to a government's rule that that government has a moral right to govern in the first place. A government can lose its legitimacy in the eyes of the people it governs without ever doing anything illegal under its own laws. The American Revolution is a prime example -- the Kingdom of Great Brtain acted lawfully at every step of the way, but it clearly lost legitimacy in the eyes of its colonial subjects. (Well, at least in the eyes of enough of them, and enough of them in the colonial dominant class, at any rate.)
Well, it's not stated outright because the series expects you to understand basic constitutional governance among modern liberal democracies: There are no provisions in modern liberal democracies under which any executive may disband the legislature.
The closest thing to what Clarke did in modern democracies are two processes that exist in Westminster-style parliamentary democracies. The first is called "dissolving Parliament," but in this context "dissolution" means only that particular session of Parliament; once the, say, 17th Parliament is dissolved, a writ of election is signed, an election is held for the next Parliament, and then the new Parliament takes office. The second is called "proroguing" Parliament; this is basically parliament-ese for "technical difficulties; please stand by." Parliament can be "prorogued" under specific circumstances but then must be allowed to meet again at a later date. Both dissolving Parliament and proroguing Parliament can only happen under very specific circumstances -- the the Monarch or Governor General can only act on the advice of the Prime Minister, and the advice is only legal under certain conditions, and both decisions are subject to judicial review.
In U.S.-style presidential systems, there is no provisions whatsoever for the president to dissolve or disband the legislature. At all. Period. Congress in the U.S. system is a completely co-equal branch whose elections and terms of office are independent of the presidency, and there are no circumstances under which the president may dissolve them.
Babylon 5 almost always uses U.S.-style politics -- there's a President and Vice President of the Earth Alliance; the President of the Earth Alliance flies in a military vessel called EarthForce One; there's a Supreme Court with judicial review; etc. The only real departure from U.S.-style coding in its depiction of the Earth Alliance government is in the use of the word "Ministry" to describe some executive branch agencies, and in its use of a unicameral Senate instead of a bicameral Congress.
So, yeah, Babylon 5 basically expects its audience to understand that when President Clarke issued a decree disbanding the Senate, that that was coup d'etat.
I mean, they were beyond the issue of "law" by that point. The rule of law no longer existed. You had an unelected president who got into office by assassinating his predecessor, issuing unconstitutional decrees to disband the Senate, issuing an illegal State of Emergency designed solely to suppress an investigation into his assassination, issuing illegal orders to EarthForce to suppress freedom of speech, and issuing illegal orders to engage in collective punishment by bombing and killing thousands of his own civilians in retaliation for local governments refusing to implement illegal States of Emergency.
To talk about whether or not Sheridan's declaration of independence is "legal" in such a context is meaningless. Clarke had ended the rule of law already. There was no law -- there was only the exercise of power for just causes, or the exercise of power for tyrannical causes. Sheridan exercised his power, with the consent of a majority of residents of Babylon 5, for just causes.
To be very clear once again: There are no circumstances whatsoever where the President of the United States has the lawful authority to disband Congress. None. Even in the midst of a dire emergency, Congress has a lawful right to sit and to pass binding laws which the president must enforce.
He did not have that right. Declarations of States of Emergency can only occur in response to particular circumstances and are subject to judicial review. The "circumstance" Clarke cited was an alleged conspiracy on the part of aliens and alien sympathizers to seize power in a coup d'etat. This conspiracy did not exist. Ergo, his declaration of a State of Emergency was illegal from the start.
Again, there is no modern democracy in which the executive possesses that right. The closest would be the Westminster parliamentary system, in which parliament may be prorogued temporarily (and in which that prorogation is subject to judicial review).
The writers expected audience members to understand that disbanding the Senate was inherently illegal.
Whether or not any president has the right to order military attacks on their own territories that are likely to result in civilian casualties is probably a legally gray area that would depend on circumstances. If a territory is engaged in genuine insurrection, maybe he does.
But Mars was not engaged in sedition or insurrection. The Martian government, which Earth itself had installed, was refusing to enforce an a priori illegal State of Emergency; in other words, the Martian government was acting lawfully while the Clarke administration was acting unlawfully. Ergo, his bombing of Mars was an inherently illegal act, irrelevant of whether or not he might have had the right to bomb civilian targets under other circumstances.
If Earth Alliance law is anything like United States law, that is supposed to be illegal except under temporary emergency circumstances. (In fairness, the United States has been violating that law for many years now, especially vis a vis the alleged terrorists rotting away in Guantanamo.)
Again, B5 basically codes the Earth Alliance as the United States In Space. It's pretty safe to say that Clarke had no right to dissolve the Senate.
Still upset they named that ship after one of the most vile tyrants in history. Personally, I like to imagine that ship's full name was the EAS Alexandria Ocasio-Cortez.![]()
(side note: did we ever, in all of B5's run, see anything larger than a single capital ship take a trip through a jumpgate?)
Babylon 5 almost always uses U.S.-style politics -- there's a President and Vice President of the Earth Alliance; the President of the Earth Alliance flies in a military vessel called EarthForce One; there's a Supreme Court with judicial review; etc. The only real departure from U.S.-style coding in its depiction of the Earth Alliance government is in the use of the word "Ministry" to describe some executive branch agencies, and in its use of a unicameral Senate instead of a bicameral Congress.
So, beyond his actions vis a vis Santiago, you believe Clark's first bright-line illegal act (since as you noted, there's some gray areas even in the US these days) was declaring Martial Law, or is there something prior to that?
What if he did have evidence of an alien conspiracy, real or fabricated? Heck, he wasn't exactly wrong that there was a conspiracy against him, he just lied regarding the nature of it and then took action faster than anyone could react. In other words, if the Martial Law declaration was legal and he didn't try to dissolve the Senate, where would the bright-line legal violation be? Interfering in the media, perhaps? Hopefully the bombing of civilian targets (but as you note, that's a legally gray area)?
TL;DR I suppose I'm wondering how far he might have been able to go without clearly veering into illegality.
For me Clark's first illegal act was Assassinating President Santiago in order to replace him as President.The Shadows are the ones who did the dirty work for Clark, When Mr. Morden went around B5 asking "What do you want?" He never asked anyone in Earth Force. He probably already got the answer he was looking for from then "Vice-President" Clark, just like he did from Londo. There was an alien conspiracy, and it involved the Shadows and taking out President Santiago and replacing him with Clark. Every accusation by Clark, is a confession.
Thank you for this very astute analysis!
So, beyond his actions vis a vis Santiago, you believe Clark's first bright-line illegal act (since as you noted, there's some gray areas even in the US these days) was declaring Martial Law, or is there something prior to that?
What if he did have evidence of an alien conspiracy, real or fabricated? Heck, he wasn't exactly wrong that there was a conspiracy against him, he just lied regarding the nature of it and then took action faster than anyone could react. In other words, if the Martial Law declaration was legal and he didn't try to dissolve the Senate, where would the bright-line legal violation be? Interfering in the media, perhaps? Hopefully the bombing of civilian targets (but as you note, that's a legally gray area)?
TL;DR I suppose I'm wondering how far he might have been able to go without clearly veering into illegality.
The conspiracy to perform the assassination with the parties listed in my spoiler.I did say beyond that set of actions...
There were people who wanted power. People who were nationalistic (in terms of humanity first, kill the aliens). Then you have the Psi Corps involved. Place them in charge of the Nightwatch and other positions of power, and they could manage to take places.
Kinda/sorta but not really. If you look at the effect when they jump in and out from a POV already within hyperspace (like when Keffer got an eyefull) you can see there's definitely a vortex that opens and closes. So it's probably less that they phase and more that their vortex is invisible, or at least doesn't emit much EM into real space, which would account for the shimmering effect as the light bouncing off the ship is scattered and obscured as said ship crosses the event horizon.The Shadows have their own brand of jump drive into hyperspace. They have no need for the jump gates, since their ships just phase in and out of hyperspace without a jump point.
Pretty sure the Shadow Cloud has the Drakh Mothership beat.As mentioned, the Thirdspace thingy is probably the biggest thing we saw travel through a jump gate, though the struts had to be moved out to accommodate it. The Vorlon Planet Killer is probably the biggest thing we know traveled through a self-generated jump point, but we never actually saw it in the act. As far as what was explicitly show, that honor goes to the Drakh Mothership in Crusade.
Kinda/sorta but not really. If you look at the effect when they jump in and out from a POV already within hyperspace (like when Keffer got an eyefull) you can see there's definitely a vortex that opens and closes. So it's probably less that they phase and more that their vortex is invisible, or at least doesn't emit much EM into real space, which would account for the shimmering effect as the light bouncing off the ship is scattered and obscured as said ship crosses the event horizon.
Pretty sure the Shadow Cloud has the Drakh Mothership beat.
Thank you for this very astute analysis!
So, beyond his actions vis a vis Santiago, you believe Clark's first bright-line illegal act (since as you noted, there's some gray areas even in the US these days) was declaring Martial Law, or is there something prior to that?
What if he did have evidence of an alien conspiracy, real or fabricated?
Heck, he wasn't exactly wrong that there was a conspiracy against him,
In other words, if the Martial Law declaration was legal and he didn't try to dissolve the Senate, where would the bright-line legal violation be? Interfering in the media, perhaps? Hopefully the bombing of civilian targets (but as you note, that's a legally gray area)? TL;DR I suppose I'm wondering how far he might have been able to go without clearly veering into illegality.
The October Crisis said:The War Measures Act gave sweeping powers of arrest and internment to the police. The provisions took effect at 4 a.m. and, shortly after that, hundreds of suspected FLQ members and sympathizers were rounded-up. In total, 497 people were arrested, including singer Pauline Julien and her partner, future Quebec Minister Gérald Godin, poet Gaston Miron, union activist Michel Chartrand, and journalist Nick Auf der Maur.[citation needed]
This act was imposed after the negotiations with the FLQ had broken down, and the Premier of Quebec was facing the next stage in the FLQ's agenda.[23]:88[non-primary source needed]
At the time, opinion polls in Quebec and the rest of Canada showed overwhelming support for the War Measures Act;[24][25] in a December 1970 Gallup Poll, it was noted that 89% of English-speaking Canadians and 86% of French-speaking Canadians supported the introduction of the War Measures Act. They respectively showed 6% and 9% disapproval while the remaining 5% of each population was undecided.[23]:103[non-primary source needed] Since then, the government's use of the War Measures Act in peacetime has been a subject of debate in Canada as it gave police sweeping powers of arrest and detention.
Simultaneously, under provisions quite separate from the War Measures Act and much more commonly used, the Solicitor-General of Quebec requisitioned the military's deployment from the Chief of the Defence Staff in accordance with the National Defence Act. Troops from Quebec bases and elsewhere in the country were dispatched, under the direction of the Sûreté du Québec (Quebec's provincial police force), to guard vulnerable points and prominent individuals at risk. This freed up police resources to pursue more proactive tasks in dealing with the crisis.[citation needed]
The two named Canadian Forces operations were Operation Ginger: to mount guards on the Government of Canada buildings and significant residences outside of Quebec and Operation Essay: to provide aid to Quebec's civil power.[26] The Royal 22e Régiment, more commonly known as the "Van Doos", the most famous French-Canadian regiment in the Canadian Army, was deployed to Montreal to guard buildings. It was understood that deploying troops from English-speaking regiments in Quebec as an aid to civil power would be politically problematic. Throughout the operation, the Army made a point of deploying primarily French-Canadian soldiers to guard buildings in Quebec.[27]:257 The Royal 22e Régiment was based in Quebec City, but it was felt that having the "Van Doos" perform guard duty in Montreal, the largest city in Quebec, would be less likely to offend public opinion.[27]:257 The Canadian Army saw no action during its deployment, which lasted until November 12. Only one soldier was killed when he tripped over his loaded rifle while on guard duty and inadvertently shot and killed himself.[27]:257
Outside Quebec, mainly in the Ottawa area, the federal government deployed troops under its own authority to guard federal offices and employees. The combination of the increased powers of arrest granted by the War Measures Act, and the military deployment requisitioned and controlled by Quebec's government gave every appearance that martial law had been imposed. However, a significant difference was that the military remained in a support role to the civil authorities (in this case, Quebec authorities) and never had a judicial role. It still allowed for the criticism of the government, and the Parti Québécois was able to go about its everyday business free of any restrictions, including the criticism of the government and the War Measures Act.[23]:88[non-primary source needed]
Nevertheless, many Canadians found the sight of tanks outside the federal parliament disconcerting. Moreover, police officials sometimes abused their powers without just cause, and some prominent artists and intellectuals associated with the sovereignty movement were detained.[28]
The October Crisis was the only occasion in which the War Measures Act was invoked in peacetime. The FLQ was declared an unlawful association, which meant that, under the War Measures Act, the police had full power to arrest, interrogate, and hold anyone whom they believed was associated with the FLQ: "A person who was a member to this group, acted or supported it in some fashion became liable to a jail term not to exceed five years. A person arrested for such a purpose could be held without bail for up to ninety days."[29] It is estimated that within the first 24 hours of the War Measures Act being put in place, police had mobilized to arrest suspects of the unlawful organization. The police conducted 3000 searches, and 497 people were detained.[30]
The War Measures Act also violated and limited many human rights of people being incarcerated: "Everyone arrested under the War Measures Act was denied due process. Habeas corpus (an individual's right to have a judge confirm that they have been lawfully detained) was suspended. The Crown could detain a suspect for seven days before charging them with a crime. In addition, the attorney general could order, before the seven days expired, that the accused be held for up to 21 days. The prisoners were not permitted to consult legal counsel, and many were held incommunicado."[31]
Several of those detained were upset by the method of their interrogation. However, most of those interviewed after had little cause to complain, and several even commented on the courteous nature of the interrogations and searches.[23]:88[non-primary source needed] In addition, the Quebec Ombudsman, Louis Marceau, was instructed to hear complaints of detainees, and the Quebec government agreed to pay damages to any person unjustly arrested. On February 3, 1971, John Turner, Minister of Justice of Canada, reported that 497 persons had been arrested under the War Measures Act, 435 of whom had already been released. The other 62 were charged, of whom 32 were accused of crimes of such seriousness that a Quebec Superior Court judge refused them bail. Regarding Trudeau's invocation of the War Measures Act, the Canadian historian Desmond Morton wrote: "It was unprecedented. On the basis of facts then and revealed later, it was unjustified. It was also a brilliant success. Shock was the best safeguard against bloodshed. Trudeau's target was not two frightened little bands of terrorists, one of which soon strangled its helpless victim: it was the affluent dilettantes of revolutionary violence, cheering on the anonymous heroes of the FLQ. The proclamation of the War Measures Act and the thousands of grim troops pouring into Montreal froze the cheers, dispersed the coffee-table revolutionaries, and left them frightened and isolated while the police rounded up suspects whose offence, if any, was dreaming of blood in the streets".[27]:257
The title "Ministry' in the executive branch were a creation of President Clark. When I heard the term it reminded me of George Orwell's Nineteen Eighty-Four or something out of Nazi Germany.
There was an alien conspiracy, and it involved the Shadows and taking out President Santiago and replacing him with Clark. Every accusation by Clark, is a confession.[/spoiler]
We use essential cookies to make this site work, and optional cookies to enhance your experience.