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Blue Mars(60)

By:Kim Stanley Robinson


Nadia felt this strongly, and so she began to exert herself. “Time to drop the keystone in the arch,” she said to Art one morning. And from then on she was indefatigable, meeting with all the delegations and committees, insisting that they finish whatever they were working on, insisting they get it on the table for a final vote on inclusion. This inexorable insistence of hers revealed something that had not been clear before, which was that most of the issues had been resolved to the satisfaction of most of the delegations. They had concocted something workable, most agreed, or at least worth trying, with amendment procedures prominent in the structure so that they could alter aspects of the system as they went along. The young natives in particular seemed happy— proud of their work, and pleased that they had managed to keep an emphasis on local semiautonomy, institutionalizing the way most of them had lived under the Transitional Authority.

Thus the many checks against majoritarian rule did not bother them, even though they themselves were the current majority. In order not to look defeated by this development, Jackie and her circle had to pretend they had never argued for a strong presidency and central government in the first place; indeed they claimed that an executive council, elected by the legislature in the Swiss manner, had been their idea all along. A lot of that kind of thing was going on, and Art was happy to agree with all such claims: “Yes, I remember, we were wondering what to do about that the night when we stayed up to see the sunrise, it was a good thought you had.”

Good ideas everywhere. And they began to spiral down toward closure.

The global government as they had designed it was to be a confederation, led by an executive council of seven members, elected by a two-housed legislature. One legislative branch, the duma, was composed of a large group of representatives drafted from the populace; the other, the senate, a smaller group elected one from each town or village group larger than five hundred people. The legislature was all in all fairly weak; it elected the executive council and helped select justices of the courts, and left to the towns most legislative duties. The judicial branch was more powerful; it included not only criminal courts, but also a kind of double supreme court, one half a constitutional court, and the other half an environmental court, with members to both appointed, elected, and drawn by lottery. The environmental court would rule on disputes concerning terraforming and other environmental changes, while the constitutional court would rule on the constitutionality of all other issues, including challenged town laws. One arm of the environmental court would be a land commission, charged with overseeing the stewardship of the land, which was to belong to all Martians together, in keeping with point three of the Dorsa Brevia agreement; there would not be private property as such, but there would be various tenure rights established in leasing contracts, and the land commission was to work these matters out. A corresponding economic commission would function under the constitutional court, and would be partly composed of representatives from guild cooperatives which would be established for the various professions and industries. This commission was to oversee the establishment of a version of the underground’s eco-economics, including both not-for-profit enterprises concentrating on the public sphere, and taxed for-profit enterprises which had legal size limits, and were by law employee-owned.

This expansion of the judiciary satisfied what desire they had for a strong global government, without giving an executive body much power; it was also a response to the heroic role played by Earth’s World Court in the previous century, when almost every other Terran institution had been bought or otherwise collapsed under metanational pressures; only the World Court had held firm, issuing ruling after ruling on behalf of the disenfranchised and the land, in a mostly ignored rearguard and indeed symbolic action against the metanats’ depredations; a moral force, which if it had had more teeth, might have done more good. But from the Martian underground they had seen the battle fought, and now they remembered.

Thus the Martian global government. The constitution then also included a long list of human rights, including social rights; guidelines for the land commission and the economics commission; an Australian ballot election system for the elective offices; a system for amendments; and so on. Lastly, to the main text of the constitution they appended the huge collection of materials that had accumulated in the process, calling it Working Notes and Commentary. This was to be used to help the courts interpret the main document, and included everything the delegations had said at the table of tables, or written on the warehouse screens, or received in the mail.