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  1. # The Constitution of Mars
  2.  
  3. We the people of Mars have gathered here on Pavonis Mons in the year
  4. 2128 to write a constitution which will serve as a legal framework for
  5. an independent planetary government. We intend this constitution to be
  6. a flexible document subject to change over time in the light of
  7. experience and changing historical conditions, but assert here that we
  8. hope to establish a government that will forever uphold the following
  9. principles: the rule of law; the equality of all before the law;
  10. individual freedom of movement, association, and expression; freedom
  11. from political or economic tyranny; control of one's work life and the
  12. value thereof; communal stewardship of the planet's natural resources;
  13. and respect for the planet's primal heritage.
  14.  
  15. # Article 1. Legislative Department
  16.  
  17. ## Section 1. The Legislative Bodies
  18.  
  19. The legislative body for Martian global issues will be a two-housed
  20. congress, consisting of a duma and a senate.
  21.  
  22. The duma will be composed of five hundred members, selected every
  23. m-year by a lottery drawn from a list of all Martian residents over
  24. ten m-years old. It will meet on Ls=0 and and Ls=180, every m-year,
  25. and stay in session for as long as necessary to complete its business.
  26.  
  27. The senate will be composed of one senator from each town or
  28. settlement on Mars with a population larger than five hundred people
  29. (changed by Amendment 22 to three thousand people), elected every two
  30. m-years, using an Australian ballot system. The senate will remain
  31. permanently in session, aside from breaks of no more than a month out
  32. of every twelve.
  33.  
  34. ## Section 2. Powers Granted to the Congress
  35.  
  36. The duma will elect the executive council's seven members, using an
  37. Australian ballot system.
  38.  
  39. The senate will elect one third of the members of the global
  40. environmental court, and one half of the members of the constitutional
  41. court, using an Australian ballot system.
  42.  
  43. The congress will pass laws enabling it to: lay and collect taxes
  44. equitably from the towns and settlements represented in the senate; to
  45. provide for the common defense of Mars; to regulate commerce on Mars,
  46. and with other worlds; to regulate immigration to Mars; to print money
  47. and regulate its value; to form a criminal court system; and to form a
  48. standing police and security group to enforce the laws and defend the
  49. commonwealth.
  50.  
  51. All laws passed by the congress shall be subject to review by the
  52. executive council; if the executive council vetoes a proposed law, the
  53. congress can override the veto with a two-thirds vote.
  54.  
  55. All laws passed by the congress shall also be subject to review by the
  56. constitutional and environmental courts, and a veto by these courts
  57. cannot be overridden, but shall be grounds for rewriting the law if
  58. the congress sees fit, after which the process of passing the law
  59. shall begin again.
  60.  
  61. # Article 2. Executive Department
  62.  
  63. ## Section 1. The Executive Council
  64.  
  65. The executive council shall be formed of seven members, elected by the
  66. duma every two m-years. Executive council members must be Martian
  67. residents at the time of their election, and at least ten m-years old.
  68.  
  69. The executive council shall elect one of its members as council
  70. president, using an Australian ballot system. It shall also elect or
  71. appoint a reasonable number of officers needed to help perform its
  72. various functions.
  73.  
  74. ## Section 2. Powers of the Executive Council
  75.  
  76. The executive council shall command the global police and security
  77. force, in the defense of Mars, and in the upholding and enforcement of
  78. the constitution on Mars.
  79.  
  80. The executive council shall have the power, subject to the review and
  81. approval of the congress, to make treaties with Terran political and
  82. economic bodies (and the other political entities in the solar system,
  83. as stated in Amendment 15).
  84.  
  85. The executive council will elect or appoint one-third of the members
  86. of the environmental court, and one half of the members of the
  87. constitutional court.
  88.  
  89. # Article Three. Judicial Department
  90.  
  91. ## Section 1. The global courts
  92.  
  93. There shall be two global courts, the environmental court and the
  94. constitutional court.
  95.  
  96. The environmental court shall consist of sixty-six members, one third
  97. elected by the senate, one third elected or appointed by the executive
  98. council, and one third elected by the vote of all Martian residents
  99. over ten m-years old. Individuals elected or appointed to the court
  100. shall hold their office for ten m-years.
  101.  
  102. The constitutional court shall consist of twelve members, half elected
  103. by the senate, half elected or appointed by the executive
  104. council. Court members shall hold their office for ten m-years.
  105.  
  106. ## Section 2. Powers Granted the Environmental Court
  107.  
  108. The environmental court shall have the power to review all laws passed
  109. by the congress for their impact on the Martian environment, and have
  110. the right to veto such laws without appeal if their environmental
  111. impact is judged unconstitutional; to appoint regional land
  112. commissions to monitor the activities of all Martian towns and
  113. settlements for their environmental impact; to make judgements in
  114. disputes between towns or settlements concerning environmental
  115. matters; and to regulate all land and water stewardship and tenure
  116. rights, which are to be written in conjunction with the congress, to
  117. replace or adapt Terran concepts of property for the Martian
  118. commonality.
  119.  
  120. The environmental court shall rule on all cases brought before it in
  121. accordance with concepts insuring a slow, stable, gradualist
  122. terraforming process, which terraforming will have among its goals a
  123. maximum air pressure of 350 millibars at six kilometers above the
  124. datum in the equatorial latitudes, this figure to be reviewed for
  125. revision every five m-years.
  126.  
  127. ## Section 3. Powers Granted the Constitutional Court
  128.  
  129. The constitutional court shall review all laws passed by the congress
  130. for their adherence to this constitution, and judge all local and
  131. regional cases submitted to it that it determines to concern
  132. significant global constitutional issues, or to impinge on the
  133. individual rights established in this constitution. Congressional and
  134. local laws it judges unconstitutional can be revised, and resubmitted
  135. to the court by the relevant legislative bodies.
  136.  
  137. The constitutional court shall oversee an economic commission of fifty
  138. members. The court shall appoint twenty members, all Martian residents
  139. of at least ten m-years of age, to terms of five m-years. The other
  140. thirty members shall be appointed or elected by guild cooperatives
  141. representing the various professions and trades practiced on Mars
  142. (provisional list appended). The economic commission shall submit for
  143. legislative approval a body of economic law and practices which will
  144. combine publicly owned not-for-profit basic services, and privately
  145. owned taxed for-profit enterprises; specify what the public services
  146. shall be and how they will be regulated; set legal size limits on all
  147. private enterprises; establish legal guidelines for private
  148. enterprises which insure that employees own their enterprises and the
  149. capital and profits associated with them; and oversee the welfare of a
  150. participatory, democratic economy.
  151.  
  152. ## Section 4. Reconciliation of the Two Courts
  153.  
  154. The executive council shall elect a reconciliation board, composed of
  155. five members of the environmental court and five members of the
  156. constitutional court, which shall mediate, arbitrate and reconcile any
  157. disputes, discrepancies or other conflicts between the judgments of
  158. the two global courts.
  159.  
  160. ##Article 4. The Global Government and the Towns and Settlements
  161.  
  162. The towns, tented canyons, tented craters, and smaller settlements on
  163. Mars shall be semi-autonomous in relation to the global state and to
  164. each other. Towns and settlements are free to establish their own
  165. local laws, political systems, and cultural practices, except where
  166. these laws, systems or practices would abrogate the individual rights
  167. guaranteed by this global constitution.
  168.  
  169. Citizens of each town and settlement shall be entitled to all the
  170. rights guaranteed in this constitution, and to all the rights of all
  171. the other towns and settlements.
  172.  
  173. Towns and settlements shall not form regional political alliances that
  174. would function as the equivalent of nation-states. Regional interests
  175. must be pursued and defended by occasional and temporary coordinated
  176. activities between towns and settlements.
  177.  
  178. No town or settlement shall practice physical or economic aggression
  179. on any other town and settlement. Disagreements between any two or
  180. several towns or settlements are to be resolved by arbitration or
  181. judicial ruling by the appropriate court.
  182.  
  183. The physical extent of local law established by any town or settlement
  184. shall be set by the land commission, in consultation with the towns
  185. and settlements affected by the judgment. Tented craters and canyons,
  186. and freestanding tent towns, have obvious physical boundaries that can
  187. function as the equivalent of "city limits," but these towns, as well
  188. as diffuse open-air settlements, have legitimate "spheres of
  189. influence" that will often overlap the spheres of influence of
  190. neighboring towns and settlements. The land inside these spheres of
  191. influence is not to be construed as "territory" owned by the towns and
  192. settlements, in keeping with the general withdrawal from Terran
  193. notions of sovereignty and property as such. Nevertheless all towns
  194. and settlements will have the legal right to consideration concerning
  195. all land use issues, including water rights, within their sphere of
  196. influence as established by the land commission.
  197.  
  198. # Article 5. Individual Rights and Obligations
  199.  
  200. ## Section 1. Individual Rights:
  201.  
  202. * Freedom of movement and assembly.
  203. * Religious freedom.
  204. * Freedom of speech.
  205. * Right to vote in global elections not to be abridged.
  206. * Right to legal counsel, timely trial, and habeus corpus.
  207. * Freedom from unreasonable search or seizure, double jeopardy, or
  208. involuntary self-incrimination.
  209. * Freedom from cruel or unusual punishments.
  210. * Right to choice of employment.
  211. * Right to the majority of the economic benefits of one's own labor,
  212. as calculated by formulas to be approved by the economic commission,
  213. but never less than 50 percent in any case.
  214. * Right to a meaningful part in the management of one's work.
  215. * Right to a minimum living wage for life.
  216. * Right to proper health care, including the body of practices known
  217. collectively as the "longevity treatment."
  218.  
  219. ## Section 2. Individual Obligations
  220.  
  221. The citizens of Mars shall, over the course of their lives, give one
  222. m-year of work to global service and the public good, such work to be
  223. defined by the economic commission, but never to be military or police
  224. work.
  225.  
  226. The right to own or bear lethal weapons is expressly denied to
  227. everyone on Mars, including police or riot control officers.
  228.  
  229. # Article 6. The Land
  230.  
  231. ## Section 1. Terraforming Goals and Limits
  232.  
  233. The primal state of Mars shall have legal consideration, and shall not
  234. be altered except as part of a terraforming program dedicated to
  235. making the surface of the planet survivable by humans up to the six
  236. kilometer altitude contour. Above the six kilometer elevation the goal
  237. shall be to keep the surface as close to its primal condition as
  238. possible.
  239.  
  240. The air pressure of the atmosphere shall not exceed 350 millibars at
  241. six kilometers above the datum, in the equitorial latitudes (30
  242. degrees north to 30 degrees south).
  243.  
  244. * The amount of carbon dioxide in the atmosphere shall not exceed ten
  245. millibars.
  246.  
  247. * The sea level of Oceanus Borealis (the northern sea) shall not
  248. exceed the -1 kilometer contour.
  249.  
  250. * The sea level of the Hellas Basin sea shall not exceed the datum.
  251.  
  252. * Argyre Basin is to remain a dry basin.
  253.  
  254. * Deliberate introduction of any and all species, natural or
  255. engineered, is to be approved by the environmental court's agencies,
  256. after review for environmental impacts on already existing biomes
  257. and ecologies.
  258.  
  259. * No terraforming methods will be employed that release radiation to
  260. the land, groundwater or air of Mars.
  261.  
  262. * No terraforming methods will be employed which are unstable and
  263. prone to rapid collapse, or that do violent damage to the Martian
  264. landscape, as determined by the environmental courts.
  265.  
  266. # Article Seven. Amendments to this Constitution
  267.  
  268. Whenever two-thirds of the members of both houses of the legislature,
  269. or a majority of the voters in a majority of the towns and settlements
  270. of Mars, shall propose amendments to this constitution, the proposed
  271. amendment shall be put to a general global vote during the next
  272. scheduled global election, and shall require a supermajority of
  273. two-thirds to pass.
  274.  
  275. # Article Eight. Ratification of the Constitution
  276.  
  277. After approval of the text of this constitution, point by point, by a
  278. majority vote of the representatives of the constitutional convention,
  279. the constitution as a whole shall be presented to all the people of
  280. Mars over 5 m-years old, for a vote of approval or disapproval, and if
  281. it receive a supermajority of two-thirds in approval, shall become the
  282. supreme law of the planet.
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