United States of Mars Constitution

The constitution of the United States of Mars is the supreme law regulating the United States of Mars' governing body. It was created by a committee from the Provisional Martian government and was adopted on January 3rd 2045 when it was accepted in a national referendum. When delegates from the Provisional Martian government signed the 2045 Constitution Act. (Prov), it marked the creation of the union of the three states as a soverign nation, replacing the earlier coalition of states that existed due to the Articles of Independence.

The document has been signed by every person who has held the Presidency since Lisa Howard and was displayed in Parliament until it was almost destroyed by the 2080 terrorist attacks on the building. After the document's restoration, the original is now kept in the Parliament Library.

Background

Drafting and Ratification

In October 2044, a month after the Articles of Independence were signed and the Provisional Martian government was established, a committee was set up with representatives from all three states to debate and draft a constitution. The committee met in Luvron and had completed a draft by early November, which was accepted by the Provisional Government, and a final draft was presented by the end of that month. After further consultation and debate, the final version of the proposed constitution was published on December 15th.

A national referendum held on January 3rd 2045 when citizens from each state voted for their state's decision in the ratification of the document. The first results to come in were from Cropwell which ratified the constitution with a 72% vote for it followed by Fosse with a 66% vote in favour. The final ratification came when 71% of Bottes's citizens voted in favour of it.

The Maritan Provisional government signed the 2045 Constitution Act. (Prov) and immediately called for Presidential and General Legislative elections in Febuary of that year. The leader of the Provisional government, Lisa Howard went on to win the Presidential election with her party, the New Martian Democratic Party winning power of both the Chamber of Representatives and the Chamber of the States.

The Bill of Rights

The Bill of Rights was a set of ten garauntees which were deemed so fundemental and important that they deserved special mention and protection in the constitution. Inspiration for the Bill of Rights was drawn from the American version which also aimed to protect the freedom of citizens. The garauntees were put into the constitution instead of being made separate laws to protect them from being repealed by a later government due to the clause that any changes to the constitution must be ratified through a full public referendum.

The Original Article 1

The original Article One had the second chamber of Parliament as the Chamber of the States, a chamber of elected representatives (called State Representatives) being elected with a third being from each state. This second chamber would act in much the same way as the United State's Senate with the Chamber of the States being a more reflective chamber.

This changed in 2049 when President Jackson created the Chamber of the People as a replacment. Due to growing unrest over the recent union of the states, Jackson though it was best that the population had a direct influence in politics and the "Jury Duty" style Chamber of the People was created. Due to the lack of a more reflective and experienced chamber, the committee stage of the legislative process was made more complex in order to make sure that the system could not be abused.

Articles of the Constitution

The constituion consists of six articles and the bill of rights.

Preamble

"As citizens of the United States of Mars, in order to create a union and nation free and fair to all that reside there, to provide safety and provide a common defense, secure freedom and liberty for all to prosper in, and to protect each other in times of need, do establish honour this constitution."

The preable provides nor inhibits any powers nor rights but is an introduction or an explanation as to the creation of the constitution.

Article One - The Legislative

• Main Article: See Article One of the United States of Mars Constitution.

Article One establishes the legislative arm of government, Parliament, which includes the Chamber of Representatives and the Chamber of the People (originally the Chamber of the States [amended in 2049]). It sets forth how the chambers shall be governed and provides the right to free debate in both chambers while limiting the self-serving powers of representatives. The article also establishes the propper procedure for legislative elections in the Chamber of Representatives and the selection of members of the Chamber of the People as well as setting forth the requirements for inclusion as a member of either chamber.

SECTION 4 – THE CHAMBER OF THE PEOPLE The Chamber of the People shall be composed of Citizens of the United States of Mars who shall be chosen at random with one citizen from every constituency. Citizens chosen for the House of the People shall spend two weeks serving the chamber. To be eligible for selection into the Chamber of the People, citizens must be at least eighteen years of age, a citizen of the United States of Mars and must not have been convicted of any Degree A Crimes. The Leader of the Chamber shall be chosen by the President.

SECTION 5 – LEGISLATIVE PROCESS, PRESIDENTIAL APPEAL Every Bill which is created by Constituency Representatives in the Chamber of Representatives shall be brought forward in order of which it was registered and shall be presented to the Chamber of Representatives by the Constituency Representatives who created it. After the first reading and a discussion in the Chamber, the Bill will go to vote and if a majority of the Chamber of Representatives vote in favour of the Bill it shall go forward to the Chamber of the People. If a Bill does not receive the support of a majority of the Chamber of Representatives it shall be amended by a committee while another Bill is brought forward. After re-writing, the Bill will have a second reading with amendments followed by discussion. Another vote will take place and if the Bill is accepted with by a majority of the Chamber of the People it shall go to the Chamber of the People and if it is rejected; the Bill shall be scrapped A Bill sent to the Chamber of the People shall be read, discussed and will be voted on by members of the Chamber of the People. If the majority of the Chamber of the People is in favour of the Bill it shall be passed and sent to the Office of President. If the Chamber of the People rejects the Bill, the Bill shall be sent back to the Chamber of Representatives and shall be amended. It will then be read in the Chamber of the People, discussed and voted on. If the majority of the Chamber of the People is in favour of the Bill it shall be passed and sent to the Office of President and if the Chamber of the People rejects the Bill it shall be scrapped. A Bill sent to the Office of President shall be signed by the President and made law. The President can, however appeal the Bill to the House of Representatives. The House of Representatives can then accept the President’s appeal and scrap or amend the Bill or, it can reject the President’s appeal and the President shall be obliged to sign the Bill. If the appeal is rejected, the President can put the Bill to a Cabinet vote and the Bill shall be scrapped if two thirds of the Cabinet vote against the Bill. Once signed by the President, a Bill becomes Law. If the President refuses to sign a Bill, after being rejected by Appeal and the Cabinet, they give ground to impeachment.

SECTION 6 – MEMBERSHIP, RULES, JOURNALS, ADJOURNMENT Each Chamber shall be the Judge of the Elections, Returns and Qualifications of its own Members and each House may determine the Rules of its Proceedings, punish its Members for disorderly behaviour, and, with the Concurrence of two-thirds, expel a Member. Each Chamber shall keep a Journal of its Proceedings and, which will be free for any person to view. Each Chamber shall all record Proceedings and transmit them as they wish. Recordings shall be free for any person to view. Neither Chamber, while Parliament is running, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Chambers shall be sitting. Parliament shall sit everyday apart from a one-month break each year, which shall be chosen at the beginning of each year of Parliament by the leader of each Chamber, and all national holidays. Parliament can be re-opened during any break at the order of the President.

Article II – The Executive Branch

SECTION 1 – THE PRESIDENT

The executive Power shall be vested in a President of the United States of Mars. He shall hold his Office during the Term of a maximum of five Years, and, together with the Vice-President chosen for the same Term, be elected, as follows:

No person except a Citizen of the United States of Mars shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the age of eighteen years, and have been convicted of a Degree A crime.

The President shall be the person elected by the people to form a government. An election to elect the President shall be separate from Parliamentary elections. They may not be a Constituency Representative however they may enter the Chamber of Representatives. Leaders of Political Parties shall also not be Constituency Representatives however they may enter the Chamber of Representatives if their political party receives a minimum five hundred votes in a General Election.

Before he enters on the Execution of his Office, the President shall sign the Constitution of the United States of Mars.

SECTION 3 – THE CABINET

The President shall elect a Vice President and a Cabinet of Ministers for each department. It shall be at the discretion of the President the number of Cabinet Members and the roles of Cabinet Members. The Cabinet shall meet once every seven days and each meeting should be documented however, it is the decision of the President whether the documentation shall be released. The Cabinet has the power to remove the President from Office if the Vice President and a majority of the Cabinet feel it is necessary to and vote to remove the President. The Vice President shall then be granted Presidency and an election must be called with 14 days.

SECTION 4 – PARDON POWER, APPOINTMENTS

The President shall be Commander in Chief of the Military Forces and National Space Exploration Forces of the United States of Mars. He may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Chamber of Representatives, to make Treaties, provided two thirds of the Chamber of Representatives present concur. He shall also nominate, with the Advice and Consent of the Chamber of Representatives, and shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States of Mars, whose Appointments are not herein otherwise provided for.

SECTION 5 - DISQUALIFICATION

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other Degree A Crimes and Misdemeanours.

Article III – The Bill of Rights

1st GARAUNTEE All citizens shall have the right to choose to worship any faith, and to change their religious beliefs at any time without punishment on the part of the state.

2nd GARAUNTEE All citizens shall have the right to express themselves through speech, humour, communication and through the media without any interference.

3rd GARAUNTEE All citizens shall have the right to peacefully assemble.

4th GARAUNTEE All citizens have the right to be treated equally under the law.

5th GARAUNTEE No citizens shall be subjected to torture, to cruel or inhuman treatment or punishment by the police, military forces, the government or any state body. The President can overrule this decision on individual cases.

6th GARAUNTEE No citizens will be subjected to arrest or exile without an explicit list of their offences.

7th GARAUNTEE The police, military forces or government body shall only hold citizens in custody for forty-eight hours without charge or appeal to a court of law. During this time, citizens shall have the right to legal representation.

8th GARAUNTEE Any arrested person shall be assumed innocent until proven guilty.

9th GARAUNTEE All citizens shall have a speedy trial in front of an impartial jury with the opportunity to plead innocence or guilt, construct a defence and have legal representation.

10th GARAUNTEE A citizen’s family members cannot be held accountable for the crimes of their relative.

Controversy

The 5th Garauntee of the Bill of Rights has caused much controversy since it was written. Many disagree with the President's right to overrule the Garauntee on indervidual, cases sighting it as a gross infringment on Human Rights. Others say that it is necessary for the President to have the right with the growing threat of Terrorism.

So far, five Bills has been brought to the Chamber of Representatives to ammend the 5th Garauntee and three have passed both the CoR and the Chamber of the People to be appealed by the President and scrapped during a Cabinet vote.