Articles of Colonization: Difference between revisions
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Signed 52 years before | Signed 52 years before [[Fall of the Twelve Colonies|The Fall]], the '''Articles of Colonization'''<ref>The Articles of Colonization are the Colonial equivalent to the American [[Wikipedia: Articles of Confederation|Articles of Confederation]] (the predecessor to the [[Wikipedia: US Constitution|US Constitution]]), [[Wikipedia: U.N. Charter| U.N. Charter]] and [[Wikipedia: Universal Declaration of Human Rights|Universal Declaration of Human Rights]].</ref> formed the united government of the [[The Twelve Colonies (RDM)|Twelve Colonies of Kobol]]. | ||
This event was apparently in response to the [[Cylon War]] to unite against a common enemy | This event was apparently in response to the [[Cylon War]] to unite against a common enemy <ref>Source: [[Ron D. Moore|Ron D. Moore's]] official blog, [http://blog.scifi.com/battlestar/archives/2005/04/index.html#a000025 April 11, 2005.]</ref>. Before the Articles, each colony appeared to behave more as a sovereign nation, and there was open fighting between the colonies. | ||
The anniversary of the signing of the Articles is the [[Colonial Day (holiday)|Colonial Day holiday]] ([[Colonial Day]]). | The anniversary of the signing of the Articles is the [[Colonial Day (holiday)|Colonial Day holiday]] ([[Colonial Day]]). | ||
==Article 21== | ==Article 21== | ||
Chief [[Galen Tyrol]] invokes the 21st Article of Colonization while being interrogated by Colonel [[Tigh| | Chief [[Galen Tyrol|Tyrol]] invokes the 21st Article of Colonization while being interrogated by Colonel [[Saul Tigh|Tigh]] after being rescued from [[Kobol (RDM)|Kobol]] ([[Resistance (episode)|Resistance]]). | ||
:''Under the [[Wikipedia: U.S. Constitution|U.S. Constitution]], a number of Tyrol's constitutionally protected civil liberties were being violated, among them'' | :''Under the [[Wikipedia: U.S. Constitution|U.S. Constitution]], a number of Tyrol's constitutionally protected civil liberties were being violated, among them'' | ||
| Line 15: | Line 15: | ||
==Article 23== | ==Article 23== | ||
Chief Tyrol invokes the 23rd Article to avoid testifying against himself during the investigation into how [[Aaron Doral]] got aboard ''[[Galactica]]'' and accessed the munitions stores ([[Litmus]]). | Chief Tyrol invokes the 23rd Article to avoid testifying against himself during the investigation into how [[Aaron Doral]] got aboard ''[[Galactica]]'' and accessed the munitions stores. While Sergeant [[Hadrian]] attempts to use this as evidence of his guilt, Commander [[William Adama|Adama]] later points out to President [[Laura Roslin|Roslin]] that there is no legal precedent for doing so ([[Litmus]]). | ||
:''This is similar to the rights protected by the [[Wikipedia: | :''This is similar to the rights protected by the [[Wikipedia:Fifth Amendment to the United States Constitution#Self-incrimination|self-incrimination clause]] of the 5th Amendment to the U.S. Constitution.'' | ||
==Other Articles== | ==Other Articles== | ||
| Line 23: | Line 23: | ||
Although the above details the only named articles mentioned in the [[Re-imagined Series]], there are further hints as to protected rights included. | Although the above details the only named articles mentioned in the [[Re-imagined Series]], there are further hints as to protected rights included. | ||
The right to a trial with representation before a jury seems to be guaranteed. When disapproving of the decision of then-President [[Tom Zarek]] to form the [[Circle]], a form of war crimes tribunal | The right to a trial with representation before a jury seems to be guaranteed. When disapproving of the decision of then-President [[Tom Zarek]] to form the [[Circle]], a form of war crimes tribunal, [[Laura Roslin]] states that everyone has the right to a trial before a jury of one's peers. In a separate statement Roslin refers to the right to representation at a trial ([[Collaborators]]). The right to a jury trial is also claimed by [[Gaius Baltar]] ([[Taking a Break From All Your Worries]]). Whether these are two separate rights quoted from the Articles or just natural extensions of a more general right to a fair trial as in the sixth Amendment to the U.S. Constitution is unknown. | ||
Whether these are two separate rights quoted from the Articles or just natural extensions of a more general right to a fair trial as in the sixth Amendment to the | |||
Baltar's trial shows other levels of jurisprudence. Instead of a jury, a five-member tribunal is used as judge and jury. Numerous legal maneuvers are parallels to modern American practices ([[Crossroads, Part I]] & [[Crossroads, Part II|II]]). | |||
== See Also == | |||
*[[Law of the Twelve Colonies (RDM)]], for a more general article about the Twelve Colonies' legal system. | |||
==References== | ==References== | ||
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[[Category:Colonial Government (RDM)]] | [[Category:Colonial Government (RDM)]] | ||
[[Category:RDM]] | [[Category:RDM]] | ||
[[de:Verfassung der Zwölf Kolonien]] | |||
Revision as of 19:52, 2 October 2009
Signed 52 years before The Fall, the Articles of Colonization[1] formed the united government of the Twelve Colonies of Kobol.
This event was apparently in response to the Cylon War to unite against a common enemy [2]. Before the Articles, each colony appeared to behave more as a sovereign nation, and there was open fighting between the colonies.
The anniversary of the signing of the Articles is the Colonial Day holiday (Colonial Day).
Article 21
Chief Tyrol invokes the 21st Article of Colonization while being interrogated by Colonel Tigh after being rescued from Kobol (Resistance).
- Under the U.S. Constitution, a number of Tyrol's constitutionally protected civil liberties were being violated, among them
- Article One, section nine, guaranteeing the writ of habeas corpus.
- The due process clauses of the 5th and 14th amendments.
- The various provisions of the 6th Amendment guaranteeing a speedy, public trial by jury.
- Article 21 could conceivably provide protection to any number of these.
Article 23
Chief Tyrol invokes the 23rd Article to avoid testifying against himself during the investigation into how Aaron Doral got aboard Galactica and accessed the munitions stores. While Sergeant Hadrian attempts to use this as evidence of his guilt, Commander Adama later points out to President Roslin that there is no legal precedent for doing so (Litmus).
- This is similar to the rights protected by the self-incrimination clause of the 5th Amendment to the U.S. Constitution.
Other Articles
Although the above details the only named articles mentioned in the Re-imagined Series, there are further hints as to protected rights included.
The right to a trial with representation before a jury seems to be guaranteed. When disapproving of the decision of then-President Tom Zarek to form the Circle, a form of war crimes tribunal, Laura Roslin states that everyone has the right to a trial before a jury of one's peers. In a separate statement Roslin refers to the right to representation at a trial (Collaborators). The right to a jury trial is also claimed by Gaius Baltar (Taking a Break From All Your Worries). Whether these are two separate rights quoted from the Articles or just natural extensions of a more general right to a fair trial as in the sixth Amendment to the U.S. Constitution is unknown.
Baltar's trial shows other levels of jurisprudence. Instead of a jury, a five-member tribunal is used as judge and jury. Numerous legal maneuvers are parallels to modern American practices (Crossroads, Part I & II).
See Also
- Law of the Twelve Colonies (RDM), for a more general article about the Twelve Colonies' legal system.
References
- ↑ The Articles of Colonization are the Colonial equivalent to the American Articles of Confederation (the predecessor to the US Constitution), U.N. Charter and Universal Declaration of Human Rights.
- ↑ Source: Ron D. Moore's official blog, April 11, 2005.