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In this article Sandro Guerrieri discusses the parliamentary proceedings in France of 9–10 July 1940, which set up the Vichy State under the leadership of Marshal Pétain. He was then head of the government of the Third Republic and the motion of 10 July authorized him to consider and promulgate a revised constitution for the French state. In August 1944, these proceedings were formally declared to have been a coup d'état, and therefore legally null and void. It is shown that some of the politicians who voted in the National Assembly against the resolution of 10 July had already asserted this interpretation of the process by which the Vichy State was established. The article reviews the arguments that have developed around this subject, and suggests that while the actual motion, voted by the two Chambers acting as a National Assembly, could be seen as in accordance with the Constitution of the Third Republic, the manner in which it was used by Pétain and his advisers, particularly Pierre Laval, is open to legal challenge, and can be regarded as a usurpation of the powers granted by the National Assembly. Hence while it could be argued that what happened was not a coup d'état, in that the element of intimidatory violence over the legislature, usually seen as one defining characteristic of a coup, was absent, the proceedings can be characterized as at least a coup de force.
