A Star Wars Constitution: Your chance to be a galactic lawyer

Posted on 11-02-2015 by
Tags: Latest Headlines & Stories , Constitution , Star Wars

 Star Wars, the story of a rebellion, should wrap-up with a constitutional convention. Any just rebellion must end with the beginning of just laws. After the American Revolution ended, our Constitution began. In outer space, it’s the same: a constitution must govern.*

Star Wars is no stranger to the law. As listed in Wookieepedia, The Star Wars Wiki, several laws govern the Star Wars Universe (e.g., books, film, games), including:

  • The New Republic Common Charter
  • The Declaration of a New Republic
  • The Declaration of the Alliance of Free Planets
  • The Declaration of a New Order

In fact, a constitution was mentioned in Star Wars Episode III: Revenge of the Sith, though the scene was eventually deleted:

Emperor Palpatine: There are times when we must all endure adjustment to the Constitution in the name of security.

Anakin Skywalker: With all due respect sir, the Council is no mood for more constitutional amendments.

So there’s a constitution in Star Wars, but it predates the Rebellion. And we can assume that the Empire, being evil, no longer upholds the people’s constitutional rights. Thus, if the Rebels win, a new constitution will have to be written.

But what rights would a Star Wars constitution protect? What freedoms would it uphold? We want to know:

  • What freedoms, guarantees or protections would you, as lawyers (or sci-fi junkies), include in a Star War constitution?

A few suggestions (with the Star Wars history that necessitates them):

  • A constitutional protection against Jedi mind tricks - Why? Because as Obi-Wan Kenobi said, "The Force can have a strong influence on the weak-minded."
  • A constitutional freedom of speech - Why? Because in Star Wars Episode IV: A New Hope, Darth Vader “force chokes” a man for his insolent remarks.

Include your comment in the ‘Join the Conversation’ text box at the bottom of this string. Register to LexTalk and join the conversation.

*The reverse is true too: Star Wars (in a way) can govern Constitutional Law. Read Cass R. Sunstein’s How Star Wars Illuminates Constitutional Law

Photo Credit: catwalker / Shutterstock.com

Comments


wheelerstephen74
wheelerstephen74
Posted on : 3 Nov 2015 6:00 AM

I am a big fan of Star Wars and I still love to watch that classy series and waiting for the new series. Hope it will rock like the real one. fanjackets.com

dxmemxpac
dxmemxpac
Posted on : 3 Nov 2015 9:19 PM

Don't watch Star Wars, don't know much about it, not sure how to respond to this post.

andiecamden
andiecamden
Posted on : 3 Nov 2015 9:23 PM

I would not protect against jedi mind tricks, but rather protect the ability to use the jedi mind trick.  I would make the argument that a jedi mind trick is a form of free speech that should be protected, not prohibited.  Prohibiting a Jedi mind trick would be like prohibiting really persuasive people from talking/arguing!

Michael Held
Michael Held
Posted on : 3 Nov 2015 9:27 PM

There are rules in space? The universe is expanding, where is it's jurisdiction?

JohnVG
JohnVG
Posted on : 3 Nov 2015 9:42 PM

Any attempt to apply my legal mind to my love of fiction will inevitably damage one, if not both.

newzieone
newzieone
Posted on : 3 Nov 2015 9:48 PM

The right to wear your hair twirled around like Cinnabons.

AttorneyVin
AttorneyVin
Posted on : 3 Nov 2015 11:11 PM

this is very cool - keep up the fun topic posts!

Mohammad Amer
Mohammad Amer
Posted on : 4 Nov 2015 2:42 AM

The right to ban Jar Jar Binks from all future movies.

tnguyen
tnguyen
Posted on : 4 Nov 2015 7:21 AM

Right to a jury of one's peers. Lest we all be thrown into the Rancor Pit.

jtomevi
jtomevi
Posted on : 4 Nov 2015 1:04 PM

Haha. Some people have way to much time of their hands!

mapeters123
mapeters123
Posted on : 4 Nov 2015 1:51 PM

The right to bear light sabers.

Erin Doughty
Erin Doughty
Posted on : 4 Nov 2015 2:45 PM

^ and therefore light saber control laws, because the last thing we need are immensely powerful weapons in the hands of someone like Darth Vader...

shawndeubanks
shawndeubanks
Posted on : 4 Nov 2015 4:26 PM

Lest any of you think Star Wars is not relevant to the legal community, you should all know that I was once asked in an interview "Who shot first?" and to this day I have no idea what they were talking about because I've never seen any of the movies.  When I had no response, the interviewer simply told me I needed to watch the movies.

andrev
andrev
Posted on : 4 Nov 2015 6:16 PM

I will fail horribly at coming up with something. I'lll just chuckle at everyone else's good comments!

Brenda Masalta
Brenda Masalta
Posted on : 5 Nov 2015 7:02 PM

Stricter controls on the institution of martial law?  Environmental (or galactic) protection laws that prohibit building DeathStars?

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