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#1 2004-06-06 01:53:51

Trebuchet
Banned
From: Florida
Registered: 2004-04-26
Posts: 419

Re: Trebuchet's Constitution - Everyone else is doing it...

Preamble

We, proud colonists of Mars, do declare ourselves a sovereign state not subject to the laws, regulations, or treaties of any Earthly body or nation, and commit ourselves to the formation of a more free and responsive state

Article I
Provisional Authority

The government of the Republic of Mars, while the population is restricted to a number of less than 1000 citizens of 18 Earth years or older, shall consist of all citizens age 18 ey  and above. These citizens shall vote directly in assembly or teleassembly on all issues, and all powers will be reserved to them. They may delegate such powers as they deem fit to lesser bodies and councils. The provisional authority will be dissolved one year after the colony exceeds 1000 citizens of age 18 e.y.

Article II
Executive Powers

Executive powers will be vested in a President. The President will be selected by the citizenry from among the outgoing members of the Tribunate, except for the first President, who may be any citizen. In the case that no candidate for President receives a simple majority, the names of those citizens receiving votes shall be listed. The names shall be listed in order of the number of votes received, and they shall be halved, those with fewer votes being removed. In the event that the number of candidates in consideration is an odd number, the list shall be treated as if it were the next highest even number. The Tribunate will then vote upon this shortened list. If no candidate is chosen by simple majority again, the list shall be shortened again, the process repeating until a President is selected.

The President shall serve until the selection of the next Triumvirate. The citizenry shall elect the next President on Selection Day.

To be eligible for the Presidency, a citizen must have served in the Tribunate, with the exception of the selection of the first President. No Person may serve more than one term as President.

The President shall have the following powers:

The power to raise such military forces as deemed necessary to defend the Republic.

The power to negotiate treaties with other sovereign states.

The power to introduce legislation into the Tribunate for consideration.

The power to appoint judges to lesser courts.

The power to form bodies necessary to the enforcement of the laws of the colony.

The power to veto any act of the Tribunate.

The President may be removed if two-thirds of the Tribunate votes for a referendum of removal and the citizenry votes for such removal by majority vote.


Article III
The Legislative

The Legislative branch shall consist of a Tribunate of 151 persons. All citizens shall, upon their 18th birthday, be required to register with the Draft, for possible public service, whether in juries, military conscription, disaster relief, or public office. The Tribunate shall consist of citizens selected by lot, who shall serve for two Martian years as Tribunes of the Republic. Citizens refusing to serve in the Tribunate will be imprisoned for the length of the term they would have served and a replacement shall be chosen by lot. The Tribunate will further select one of their number as Speaker of the Tribunate upon convening for the first time.

No person may serve as a Tribune more than one term.

The Tribunate will convene thirty days following their selection, and at any of the following times:

When requested by the President

When requested by the Speaker

When a case is being heard by the Supreme Court

Every 120 days after their first meeting.

Upon Selection Day, 30 days prior to the end of their terms.

The Triumvirate will have the following powers:

They shall act as jury in any case appearing before the Supreme Court.

They may pass laws subject to the limits of this constitution

They may override a Presidential veto by three-quarters vote.

The power to declare war.

The power to set taxes upon the sale of goods, upon inheritances, and upon imports.

The power to declare a state of emergency and conscript persons for disaster relief, not to exceed 90 days in duration, with a three-quarters vote.

The power to disburse funds to any programs the Tribunate deems fit.

The power to approve or reject ambassadors, treaties, and nominations to the Supreme Court.

The power to create, as necessary, lesser regional legislative bodies.

The power to change compensation to the Tribunate, which shall not go into effect until the next Tribunate is selected.

The power to regulate trade, both inside and outside the Republic, and create such projects as deemed necessary to the promotion of trade.

The power to permit, without further review, any act of terraformation deemed necessary or good for the citizens of the Republic.


Article IV
The Judiciary

The Supreme Court shall consist of five judges. These judges will serve until recalled by three-quarters vote of the Tribunate. They shall be nominated by the President and affirmed by the Tribunate, and shall officiate all cases reaching this level. The Tribunate shall be seated as jury in these cases, and the justices of the Supreme Court will render their legal opinion based upon the findings of this jury.

Lesser judicial bodies shall be created by the Presidency at need, and may be dissolved by the President or by an act of the Tribunate. Justices of lesser courts shall be appointed by the President and may be recalled by the President or an act of the Tribunate.

Article V
The Rights of Citizens

No law shall be passed abridging the freedom of speech, peaceable assembly, or practice of religion. All citizens have the right to air their opinions and beliefs peaceably and shall not be hindered in such peaceable expression by any law, act, or finding of a court of law.

No law shall provide funds to any religious body.

The right to self-defense by any responsible means shall not be denied to any citizen save convicted felons.

No citizen shall be saved from themselves, and the passage of any law prohibiting the ingestion or use of  intoxicants, depressents, stimulants, or other substances is itself prohibited.

Citizens shall be secure in their persons, homes and personal effects. Searches shall only be carried out by duly constituted authorities presenting a warrant specifically describing the place to be searched and the persons or things to be seized. A warrant must be approved in writing by a judicial tribunal with constitutional jurisdiction. Assets seized from a Citizen must be returned if the Citizen is not convicted of the crime in question, or the Citizen's immediate family if convicted. No government agency may make use of seized assets. (Stealing this one from Cobra as I like this perfectly)

No citizen shall be compelled to give testimony at any time.

No law shall be passed limiting the rights of persons to their own genetic materials or amendment thereof.


Article VI
The Nonrights of Citizens (another excellent Cobra concept)

No citizen has the right to have anyone take them seriously.

No citizen has the right to expect government to save them from themselves.

No citizen has the right to expect others to provide them the necessities of life without compensation.

No citizen has the right to enjoy their rights without making themselves available for the Draft for any purpose of said Draft.

Article VII
The Process of Amendment

Any Amendment can be proposed by majority vote of the Tribunate, or by a petition signed by no less than 10% of the citizens of the Republic. Proposed Amendments will be voted on by the citizenry upon the next Selection Day and must be ratified by a three-quarters majority of the citizenry. Such Amendments will go into effect 30 days from passage.

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