The Constitution of Mars
Preamble
We, the drafters;Agree to the Constitution of Mars as follows:
  1. Section 1. The Bill of Human Rights
    1. Article 1: Statement on Equality Under the Law
      Everyone shall be equal before the law and enjoy human rights irrespective of gender, sexuality, race, ethnicity, national origin, ability, religion or lack thereof, opinion, or other status. The Bill of Rights thus applies to all law, and binds the legislature, the executive, the judiciary and all organs of state to provide for these rights and prevent their infringement.
    2. Article 2: Fundamental Rights
      1. All individuals are alike in their ability to exercise the following rights:
        1. Right to adequate food, water, shelter, oxygen, and any other accommodations necessary to
        2. Right to bodily and psychological integrity;
        3. Right to receive treatment for physical and mental health;
        4. Right to hold opinions and beliefs;
        5. Right to speak freely:
          1. Precludes speech with the principal purpose of inciting violence,
          2. Precludes speech that is purposefully hateful based on gender, sexuality, race, ethnicity,
        6. Right to practice or not practice a religion;
        7. Right to peacefully protest the actions of the government;
        8. Right to privacy and freedom from arbitrary government interference;
        9. Right to an education;
        10. Right to pursue lawful profession;
        11. Right to citizenship and to expeditious naturalization for non-citizens:
          1. All may pursue Martian citizenship; children of Martian citizens are citizens at birth,
          2. All born on Martian soil are citizens at birth,
          3. No one shall be deprived of citizenship
          4. Martians may hold multinational citizenship with agreeing planets and countries.
      2. Citizens are alike in their ability to exercise the following rights:
        1. Right to be eligible to serve on standing mini-publics and ad-hoc mini-publics;
        2. Right to be eligible for selection by the Central Chamber if serving on a standing or ad-hoc
        3. Right to propose the creation of an ad-hoc mini-public;
        4. Right to propose any popular initiative and referendum as outlined in this constitution;
        5. Right to vote on all popular initiatives and referendums that obtain the appropriate signature
      3. The enumeration of these rights shall not be taken to deny other rights retained by the people.
    3. Article 3: Stratified Sampling Criteria
      1. When referring to a stratified sampling process, the following criteria shall include, but not be limited to, the following factors:
        1. Race / Ethnicity;
        2. Gender / Sexual Identity;
        3. Class;
        4. Age (16 and older);
        5. Ability;
        6. Participation in past and current government institutions
    4. Article 4: Criminal Rights
      1. All accused are alike in their ability to exercise the following rights:
        1. Right to be recognized as innocent until proven guilty;
        2. Right to be informed of their crime;
        3. Right to avoid self-incrimination;
        4. Right to due process;
        5. Right to not be subject to warrantless searches;
        6. Right to confront the witness against them and to choose witnesses in their favor;
        7. Right to counsel in their defense;
        8. Right to a speedy and public trial by an impartial jury selected by a stratified sampling as outlined in Section 1, Article 3;
        9. Right to release from jail prior to trial through completing community service hours, unless proven to be a threat to oneself or others;
      2. All found guilty are alike in their ability to exercise the following rights:
        1. Right to rehabilitation in a facility that prioritizes reintegration,
        2. Right to a just punishment that excludes torture or capital punishment;
      3. All non-violent, reformed offenders are alike in their ability to exercise the rights granted to them in Article 2.
    5. Article 5: Digital Rights
      1. All citizens are alike in their ability to exercise the following rights:
        1. Right to be the sole owner of their personal data;
        2. Right to digital anonymity;
        3. Right to knowledge of what private data is collected and to whom who it sold;
        4. Right to be forgotten in terms of their online personal data;
        5. Right to due process of law when metadata is collected;
        6. Right to a net-neutral internet.
  2. Section 2. Non-human Rights on Mars
    1. Article 1: Animal Rights
      1. “Animals” refers to living organisms with sense organs and the ability to respond and interact with their environments:
        1. This definition does not include stem cells or lab-grown living organisms. These objects do not have a consciousness, so we do not presume them to be sentient in the way that animals are;
        2. If a conscious being is discovered that does not fit this definition of animal or new evidence suggests that a previously discovered being has consciousness, an ad-hoc mini-public will be called to consider amendments to this definition as organized by the governance standing mini-public;
      2. Prior to making the conscious decision to bring animals to Mars, caretakers of such beings must register their actions with the executive body associated with the Environmental Policy standing mini-public. After registration, caretakers must receive approval from a sorted committee of Mars Logistical Life Planners, which will have been sorted by the first cohort of settlers prior to departure for Mars:
        1. The sorted Mars Logistical Life Planners committee will be decided through the following process:
          1. Subgroups of the initial Mars cohort set to travel will be created based on stratified sampling (see dimensions outlined in Section 1, Article 3),
          2. Of these subgroups, sortition will be used to select 10 representatives for the Mars Logistical Life Planners committee;
        2. The Mars Logistical Life Planners will approve of animal caretaker requests based on how necessary the beings are for the following purposes:
          1. Mutually beneficial companionship,
          2. Terraforming,
          3. Geoforming;
      3. All animals will be afforded basic decency in terms of treatment. “Basic decency” includes but is not limited to the following:
        1. Minimizing needless suffering caused to animals;
        2. Affording animals basic necessities including food, water, and shelter.
    2. Article 2: Rights of Nature
      1. Nature is defined as the system of living and nonliving organisms which interact to create ecosystems. It is distinguished from people, and its rights ought to be distinct as well;
      2. Nature has intrinsic value beyond its purposes for human-kind and beyond property;
      3. Nature has the right to exist. This means that all Martian policy must respect the rights of Nature in addition to those of its other beings.
  3. Section 3: The Legislature
    1. Article 1: Single-Issue Mini-Publics
      1. The Legislature shall consist of a set of mini-publics, hereby known as standing mini-publics, which have authority to create laws in a policy area corresponding to their jurisdiction;
      2. At the creation of this Constitution, six standing mini-publics shall exist:
        1. Foreign Policy and Earth and Interstellar Relations, tasked with reviewing the state of the societies relationships with other countries, planets, and societies. This may involve, but is not limited to, the creation of embassies, the proposal and evaluation of treaties, and the chartering of international or interstellar voyages,
        2. Social Policy and Welfare, tasked with creating policies to provide for the distribution of governmental resources and benefits. This may involve, but is not limited to, the creation of educational systems and standards, the creation of consumer protection standards, creation of labor regulations, and the creation of welfare programs designed to uplift members of society,
        3. Environmental Policy, tasked with protecting the environment and natural resources of the planet in accordance with the rights of humans and animals of this constitution. This may involve, but is not limited to, the regulation of industry, the preservation of land, and investment in programs which have the potential to improve the environment,
        4. Economic Policy, tasked with managing the fiscal, monetary, and economic situation of the country. This may include, but is not limited to, taxation, commerce regulations, and stimulus spending,
        5. Civil Rights, tasked with ensuring justice for all citizens regardless of race, gender, sexual orientation, or any other identity. This may include, but is not limited to regulation of the workplace or commerce to ensure equity, the regulation of the justice system, or the creation of programs to ensure tolerance,
        6. Governmental Oversight, tasked with overseeing the operations of government to ensure that it is following the principles of the constitution and of law. This includes the establishment of rules in mini-publics to ensure deliberation, the organization of new approved ad-hoc mini-publics, the oversight of the stratified sampling process, preventing judicial and executive overreach, and ensuring that the executive and judicial branch are diverse in background and demographics;
      3. Members of standing mini-publics shall serve in two year terms:
        1. The initial term shall be split into a group with a one year term and a group with a two year term, both meeting the requirements for stratified sampling,
        2. Each year, a new class shall replace the outgoing class,
        3. Members of mini-publics whose terms will elapse at the same time are hereby known as legislative groups;
      4. All citizens above the age of 16 are eligible to serve in mini-publics;
      5. Standing Mini-Publics shall consist of 250 individuals.
    2. Article 2: Central Chamber
      1. The Central Chamber shall be composed of 1⁄5 (50 people) of the members from the standing mini-publics. However, the ad-hoc mini-publics can enter a process to become permanent and thus gain entry to the central chamber. At the time of this Constitution’s creation, the Central Chamber shall be composed of 300 members;
      2. The members in the Central Chamber shall be selected by stratified random sampling (see dimensions outlined in Section 1, Article 3) within each chamber;
      3. The Central Chamber is responsible for evaluating the policy proposals sent by the single-issue chambers. When evaluating policies, the Central Chamber’s main goal is to ensure coherence between different chambers on policy issues (for example, a carbon tax policy may need to be consistent across an Economic and Environmental chamber). The Central Chamber must also ensure that all policy proposals passed fit into its yearly budget;
      4. The Central Chamber may determine if a policy created by a mini-public is out of its scope; that is to say, it is not inside the policy area it’s been assigned to;
      5. The Central Chamber holds final veto power over policies proposed by the single-issue chambers.
        1. However, the citizens of Mars may serve as a check to the Central Chamber’s power: When the Central Chamber approves a policy, citizens may raise a popular initiative to propose an alternative law. When the Central Chamber denies a proposal, citizens may raise a referendum to vote on the passing on the law;
      6. The Central Chamber will determine the yearly Government budget.
    3. Article 3: Selection
      1. All mini-public seats shall be filled by stratified random sampling;
      2. The governance committee shall conduct this sampling, and is responsible for reaching out to the selected members of the mini-public;
      3. The Governmental Oversight mini-public shall review the process of stratified sampling (see dimensions outlined in Section 1, Article 3) every five years to determine that the process is a) not corrupted or inaccurate and b) the stratified variables account for the population’s diversity. Furthermore, the government oversight mini-public shall review whether the method of outreach for the stratified sampling (i.e on the landline, mail, or Internet, etc.) is not inherently exclusionary and benefits one group;
      4. Once a citizen is selected by the sampling process, they must participate except for extraordinary circumstances:
        1. If citizens are not able to participate, they may petition their case to an Appeal committee. Certain urgent excuses such as pregnancy, recent childbirth (2 years or less), and serious illnesses will be automatically accepted upon receiving medical evidence.
        2. Other excuses – whether economic or personal – will be reviewed on a case by case basis,
        3. The Appeal committee will not take more than a month to respond to a citizen’s request.
        4. Citizenship entails participation in government, as such, citizens are urged to not appeal unless their circumstances forbid participation;
        5. If a citizen is unable to participate, they will fulfill some other mode of community engagement;
        6. Those participating will be paid among the 70th percentile of the national income.
    4. Article 4: Ad-Hoc Mini-Publics
      1. Citizens and groups reserve the right to propose the creation of a mini-public, henceforth known as an ad-hoc mini-public, which shall deliberate on a specific issue area set forth at the time that the ad-hoc mini-public is proposed;
      2. Ad-hoc mini-publics may cover any specific issue area, particularly those that intersect jurisdictions of standing mini-publics, reflect major conflicts in society, or reflect a major crisis;
      3. Declarations of intent for an ad-hoc mini-public may be initiated by anyone and must include:
        1. A description of the policy areas that the mini-public has the power to discuss,
        2. A specified duration of the mini-public which shall not be shorter than 1 Earth year;
      4. Declarations of intent for the Ad-Hoc Mini-Public shall be processed by the executive body associated with the governmental oversight mini-public within 3 weeks of their submission and may not be denied for any reason except failure to provide the requisite information described in this section’s clause 2 sub clauses A and B;
      5. Following the processing of the declaration of intent for an ad-hoc mini-public, a proposal has 18 months to collect signatures of 3% of the population as determined by the census;
      6. Proposals for ad-hoc mini-publics that collect the necessary signatures are put to a referendum;
      7. If a proposal receives a majority in the popular vote the ad-hoc mini-public is created with organizational support from the Government Oversight standing mini-public and the executive body specified in the proposal for the ad hoc mini-public;
      8. Ad-hoc mini-publics with durations longer than three years must rotate members every two years:
        1. For ad-hoc mini-publics with rotating members, the first class of members shall be divided through stratified sampling as described in Article 3 into a group with one year terms and a group with two year terms,
        2. After one year, the members with a one-year term are replaced by stratified sampling,
        3. Each subsequent year, a new class replaces the outgoing members until the duration of the mini-public has elapsed;
    5. Article 5: Popular Initiatives and Referendums
      1. Citizens and organized groups reserve the right to bring forth popular initiatives and referendums;
      2. Popular initiatives shall be used to create new ad-hoc mini-publics or to directly pass pieces of legislation. In order to put a popular initiative up to a national vote, the individual or organized group of interest must collect signatures in favor of the initiative from 3% of the broader populace. This threshold must be met within eighteen months of announcing the intent to propose the popular initiative. If this threshold is not met within the allotted time frame, the popular initiative will not be presented to the public for a vote. Popular initiatives need a simple majority in favor in order to pass;
      3. Referendums shall be used to veto legislation passed by the Central Chamber. In order to put a referendum up to a national vote, the individual or organized group of interest must collect signatures in favor of the referendum from 1% of the broader populace. This threshold must be met within 100 days of announcing the intent to propose the referendum. If this threshold is not met within the allotted time frame, the referendum will not be presented to the public for a vote, and the legislation passed by the Central Chamber will stand. Referendums need a simple majority in favor in order to pass;
      4. All petitions for popular initiatives and referendums that meet these aforementioned thresholds shall be made available in public spaces for citizens to read and sign.
    6. Article 6: The Conduct of Mini-Publics and Role of Experts
      1. The Chamber on Governmental Oversight shall be tasked with creating the necessary rules and regulations which will ensure that all mini publics remain sufficiently inclusive, collaborative, and deliberative, without domination from particular individuals or groups;
      2. Experts ought to serve in advisory roles in the deliberative mini-publics. Their presence consists solely in presenting factual information and answering substantive questions about their relevant subject areas. The members of the mini-publics shall determine who is considered an expert and which experts ought to be called to present information to the body. In order to call an expert forward, 1⁄3 of the body must approve;
      3. Other non-expert groups shall also be permitted to testify in front of the mini-publics and advocate for their interests. In order to call non-expert interested parties forward, 1⁄3 of the body must approve. These groups shall be clearly distinguishable from experts.
      4. All mini-publics must have an open line for feedback that the members have a responsibility to continually read and consider in their deliberations.
  4. Section 4. The Judiciary
    1. Article 1: Judicial Structure
      1. The Judiciary shall consist of three main court systems:
        1. District Courts,
        2. Appeals Courts,
        3. The Principal Court;
      2. To apply to serve as a judge on a District Court, a candidate must meet the following criteria:
        1. Possesses a law degree and has practiced law for at least five years,
        2. Has done verifiable work relating to community service and/or social justice,
        3. Has received two written endorsements from accredited colleagues or mentors;
      3. To apply to serve as a justice on an Appeals Court, a candidate must meet the same baseline criteria for that of a District judge plus the following additional requirements:
        1. Has practiced law or worked in a legal-adjacent profession for at least eight years,
        2. Or has served on a District Court for at least three years;
      4. Selection of District and Appeals Court Judges:
        1. Applications for District and Appeals Court Judges will be accepted or rejected on the basis of sortition,
        2. Candidates will be randomly selected, with stratified sampling as outlined in Section 1, Article 3, as well as through taking legal background into consideration (judges should come from diverse fields within the law profession),
      5. Term Limits
        1. Once appointed, judges on District Courts may serve for a maximum of six years in a row,
        2. Judges on Appeals Courts may serve for a maximum of ten years in a row,
        3. Judges may re-apply to serve on a different court after a 5 year hiatus from federal service.
    2. Article 2: The Principal Court
      1. The Principal Court justices shall be chosen from self-selected Appeals Court judges by sortition.
      2. The Principal Court shall be composed of fifteen justices. Justices shall have ten year terms. The first year of an incoming cohort of justices is to overlap with the final year of the leaving cohort of justices. For the first year of their term, the incoming justices will not exercise judicial power but will shadow their predecessors;
      3. The Principal Court shall hear cases pertaining to constitutional law and accepted appeals from lower courts;
      4. The Principal Court shall possess the power to overturn statutory law with a two-thirds majority. Any court may call into question the constitutionality of a federal policy, proposal, or action. However, these claims must be brought to the Principal Court to reach a final ruling;
        1. Citizens retain the right to bring any law they find to be unconstitutional to a court
      5. Principal Court justices shall release the majority and dissenting as well as any concurring opinions to the public.
    3. Article 3: Recall
      1. Power of Recall
        1. Citizens may also overturn the rulings of the Principal Court or call the constitutionality of a federal policy, proposal, or action into question;
        2. To call recall a Principal Court decision or federal policy, proposal, or action, citizens must:
          1. File to hold a referendum within their district. If citizens gain the consent of 10% of the voting-age population within their district, the question must be brought to a vote within the district,
          2. For the motion to pass, a 60% majority must vote in favor of it. If the district passes the motion, the question will be put to the geographic area encompassing the district’s Appeals Court region. If this referendum passes again with a 60% majority, the question is brought to the national level,
          3. If the referendum passes with a 60% majority on the national level, the Principal Court decision or Federal policy/proposal/action is ruled void and no longer takes hold.
    4. Article 4: A Civil Law System
      1. The legal system shall follow a civil law system of codified legal principles;
      2. Structure of the Court
        1. Judges’ roles are to establish the facts of the case,
        2. Judges’ facilitate the discussion of the case,
        3. Depending on the level of the court, either the judge or jury will provide a verdict,
        4. In the case that the defendant is found guilty, the judge will provide the appropriate punishment based on relevant legal code;
  5. Section 5: The Executive Branch
    1. Article 1: The Executive Branch
      The power of the executive branch is vested in the Issue-Based Executive Bodies and the Integrative Body.
    2. Article 2: Issue-Based Executive Bodies
      1. Section 5: The Executive Branch
        There shall be an Executive Body for each standing mini-public:
        1. Ad-hoc mini-publics shall designate an existing Executive Body to implement their legislation,
        2. Any mini-public may organize a new Executive Body through legislation;
    3. Article 3: The Integrative Body
      1. There shall be an Integrative Executive Body composed of members selected by means of sampling 3 members from each issue-based executive body. Sampling will occur using methods as outlined in Section 1, Article 3;
      2. The Integrative Executive Body is tasked with implementing laws deemed sufficiently intersectional by the central legislative body;
      3. The Integrative Executive Body may enact interim responses to crises;
      4. The Integrative Executive Body may only use its crisis powers when given approval to do so by the central legislative body;
      5. The Central Legislative Chamber may declare a crisis at any moment in time;
      6. The Integrative Executive Body may request specific crisis powers which prompts a hearing of the Central Chamber to determine within six hours whether a crisis can be declared:
        1. If a crisis is declared, the Central Chamber must reapprove the crisis in the five to seven days following the initial approval,
        2. If a state of crisis is declared but not reapproved, all policies enacted under the crisis designation are nullified unless otherwise specified by the Central Chamber;
        3. The Central Chamber must specify an expiration date for the exercise of crisis powers which they may extend or shorten at any time
      7. All policies enacted under a crisis designation expire after two months unless the Central Chamber approves them;
      8. The Integrative Executive Body is responsible for determining the organizational structure of its department in accordance with a democratic workplace.
    4. Article 4: Selection Criteria
      1. Each legislative mini-public shall determine by majority rule the membership of its own executive body;
      2. Mini-publics may nominate anyone they wish to serve on an Executive Body so long as they comply with the following qualifications:
        1. To be a citizen that has lived on Mars for at least 10 years,
        2. To be at least 25 years old;
      3. All nominations for Executive Bodies are subject to review by the Government Oversight mini-public along the dimensions outlined in Section 1, Article 3, as well as personal background;
    5. Article 5: Legislative Override Process and Recall, Transparency
      1. The decisions of the executive branch may be overruled or overridden in two ways:
        1. Contradictory laws passed by the legislative branch or a citizens’ initiative,
        2. Through a recall process which may be initiated by the legislative branch or the public;
      2. If a law is passed that contradicts the decisions of the executive branch, the executive branch must follow the new law;
      3. Citizens may create a popular initiative by collecting the signatures of 3% of the population in opposition to an executive branch decision within 18 months of the processing of a declaration of intent to create such a citizens’ override:
        1. Popular initiatives that receive the signatures of 3% of the population will go to a national vote and will result in the override of an executive branch decision if the vote retains support from a majority of the citizens,
      4. The public may call for a recall hearing of a staff member of the executive body by getting signatures of 3% of the population within 18 months of the processed declaration of intent, followed by a majority vote of the public, the mini-public responsible for selecting members of the executive body may also initiate a recall hearing by majority vote:
        1. The hearing shall by conducted before the corresponding mini-public to determine if the executive branch member went beyond his legislatively granted duties,
        2. By a 60% vote of the mini-public if the hearing was initiated by the legislature or a 60% popular vote if the hearing was initiated by popular referendum;
      5. All Executive Body meetings are available for public viewing, including electronic viewing;
      6. Executive Bodies must publish a report on their workings each month.
  6. Section 6: Amendments
    1. Article 1: Non-Amendable Articles
      1. Section 1 (Rights), Articles 1 and 2 cannot be amended.
      2. Section 6 (Amendments), Articles 1 and 2 cannot be amended.
    2. Article 2: 30 Year Review of the Constitution
      1. Every 30th year the Constitution of Mars will be reviewed;
      2. The review takes place in a special “30 year mini-public”;
      3. The “30 year mini-public” shall be made of 250 members, randomly selected with a stratified sample (as detailed in Section 1, Article 3) overseen by the Governmental Oversight mini-public;
      4. The process of the “30 year mini-public” will begin 28 years after the last iteration of this type of constitutional review. It will follow this timeline:
        1. Early in the 28th year, the process of selection for the mini-public will be released to the public, who can provide feedback on the criteria considered;
        2. Early in the 29th year, the citizens who will be in this mini-public shall be selected.
        3. These citizens’ names shall be available to the public.
        4. After their names are revealed, these citizens shall undergo extensive legal training to understand Constitutional Law. Their interactions with any interest groups shall be reported to and monitored by the Governmental Oversight body;
      5. The purpose of this mini-public is to propose constitutional amendments that the public shall decide on;
      6. The ordinary mini-publics can inform and give advice to this “30 year mini-public”;
      7. The proposed constitutional amendment(s) shall be backed by 50% of the votes in the “30 year mini-public”;
      8. Before an amendment can be brought to the public, an amendment must be reviewed by legal experts to ensure that it is not contradictory with the limited scope of Amendments;
      9. The public will vote on constitutional amendment(s) via referendum. For an amendment to be passed, it must receive 60% of the votes
    3. Article 3: Citizens’ Initiatives (Direct Wording)
      1. Citizens shall have the right to create an initiative for a new amendment anytime;
      2. Any citizen may create a petition with a specific wording for an amendment. To receive consideration, the petition must garner 5% of the population’s signatures. The process of gathering signatures must be reviewed and approved by the Governmental Oversight mini-public;
      3. Before an amendment can be brought to the public for referendum, it must be reviewed by legal experts to ensure that it is not contradictory with the limited scope of Amendments;
      4. Citizens shall have six months to consider the proposal;
      5. Citizens will vote on the amendment proposals in a national referendum. For an amendment proposal to be passed, it must receive 60% of the public vote. This process shall be reviewed by the Governmental Oversight mini-public.
    4. Article 4: Citizens’ Initiative (Subject Area)
      1. Citizens shall have the right to create an initiative for a new amendment anytime;
      2. Any citizen may create a petition proposing a new amendment in a certain subject area. To receive consideration, the petition must garner 5% of the population’s signatures. The process of gathering signatures must be reviewed and approved by the Governmental Oversight mini-public;
      3. Once a petition has passed the threshold of 5%, it shall spur the creation of an ad-hoc mini public dedicated to drafting amendment(s) based on the petition’s subject area;
      4. The ad-hoc mini public shall be made of 250 members, randomly selected with a stratified sample (as detailed in Section 1, Article 3) overseen by the Governmental Oversight mini-public;
      5. The ad-hoc mini public will have a year to create amendment proposals. Each amendment proposal must be related to the topics in the citizens’ petition (and if the amendment’s relation to the citizens’ petition is not clear, it must be explained);
      6. Before an amendment proposal is presented to the public via a national referendum, two things must happen:
        1. The ad-hoc mini-public must vote on the proposal. Any proposal which receives a 50% vote within the mini-public may be brought to referendum;
        2. The amendment must be reviewed by legal experts to ensure that it is not contradictory with the limited scope of Amendments;
      7. This system allows for multiple related amendment proposals, which must all be voted on during the same time period;
      8. Once amendment proposals are brought to the public, the ad-hoc mini-public shall release neutral, fact-based information about the different proposals;
      9. Citizens shall have six months to consider the proposals prior to the vote;
      10. Citizens will vote on the amendment proposals in a national referendum. For an amendment proposal to be passed, it must receive a 60% of the public vote. This process shall be reviewed by the Governmental Oversight mini-public.