In re G.S. Res. 001: Grand Admiral Appointment Resolution

### Full case name

Esp'ara'joralis v. Galactic Republic in re: G.S. Res. 001: Grand Admiral Appointment Resolution

## Case opinions

### Majority

Cheatem, J., joined by Nimitz, J., and in part by Zairn, F.J.

## Background

*In re G.S. Res. 001: Grand Admiral Appointment Resolution*, 00 Trib. 01, was the first case considered by the reconstituted Galactic Tribunal. The case centered around a putative conflict between Executive Order 003 and G.S. Res. 001: Grand Admiral Appointment Resolution. Executive Order 003 had been promulgated by Chancellor Joseph Ibney to grant citizenship to one Esp’ara’joralis, create a diplomatic corps of the Republic, recognize the sovereignty of the Chiss Ascendancy, and appoint Esp’ara’joralis as ambassador to the Chiss.

Soon thereafter, the Senate began consideration of G.S. Res. 001: Grand Admiral Appointment Resolution, which would have (1) created the position of Grand Admiral of the Republic Navy, and (2) appointed Mitth’raw’nuruodo (also known as "Thrawn"), an obscure 16-year-old citizen of the Chiss Ascendancy, to that position.

Ambassador Esp’ara’joralis brought the case challenging the validity of that legislation, charging that it impermissibly infringed upon powers delegated to him in Executive Order 003 as Ambassador to the Chiss Ascendancy.

## Majority Opinion

Associate Justice Dewey Cheatem delivered the decision of an almost-unanimous Tribunal; First Justice Zairn joined all but two sections of the decision, relating to jurisdiction. Rumors suggest that the Tribunal originally split three ways on the issue of jurisdiction, but Justice Nimitz changed his vote at the last moment.

The Majority opinion held:

1. The Tribunal has jurisdiction under Article VI § 1 of the Galactic Constitution over this matter, as it implicates questions of constitutional law and concerns a government action--the formal consideration of allegedly unconstitutional legislation.
2. The Tribunal has jurisdiction pursuant to the Republic Tribunal and Judiciary Act, III G.R.C. § 1 *et seq*., as (1) the case implicates questions of constitutional law and presents a genuine disagreement between the parties, and, independently, (2) the case concerns an interplanetary dispute.
3. The Supreme Chancellor lacks the authority to grant citizenship to a specific sentient. Section 1 of Executive Order 003 is therefore stricken as unconstitutional.
4. The Supreme Chancellor *does* have the authority to establish a diplomatic corps, recognize the government of a foreign civilization, and appoint ambassadors.
5. The Galactic Senate has plenary authority to regulate the matters of the galaxy subject only to the limitations found elsewhere in the Constitution. As no other constitutional authority precludes G.S. Res. 001, it is a legitimate exercise of the powers of the Galactic Senate.
6. Where a conflict arises between the Chancellor and the Senate, it is the Senate that must prevail. As a result, G.S. Res. 001 must necessarily take effect regardless of whether it conflicts with Executive Order 003, overriding any contrary provision therein.
7. The Tribunal does not reach the question of whether G.S. Res. 001 and Executive Order 003 in fact conflict.

## Dissent

First Justice Zairn wrote a partial dissent specifically on the issue of jurisdiction. Zairn argued:

1. The Tribunal lacks constitutional authority to decide the case because consideration of legislation is insufficient to meet the "action" requirement of the Tribunal's constitutional jurisdiction.
2. The Tribunal has statutory jurisdiction *only* as a matter of interplanetary controversy and not constitutional dispute because G.S. Res. 001 is not yet law.

## Impact

In terms of immediate impact, the main effect of the decision lay in invalidating the first section of the executive order, thereby stripping Esp’ara’joralis of Republic citizenship. At the time Esp'ara'joralis was a candidate for the Galactic Senate. Initially, some speculated that without citizenship, the Chiss would be disqualified from candidacy; however, no one made any moves to remove Esp'ara'joralis from the ballot. Legal experts speculated that the reason for this lay in Article I of the Galactic Constitution, which provides the right to vote to all sentients, without mention of citizenship.