The Martians(94)

Article 8. Ratification of the Constitution

After approval of the text of this constitution, point by point, by a majority vote of the representatives of the constitutional convention, the constitution as a whole shall be presented to all the people of Mars over five m-years old, for a vote of approval or disapproval, and if it receive a supermajority of two-thirds in approval, shall become the supreme law of the planet.





Some Worknotes and Commentary on the Constitution, by Charlotte Dorsa Brevia

PREAMBLE  Though the very idea of a constitution was opposed by some, the notion of a constitution as a “structure for debate” carried the day, and the process proceeded.

1.1.2  The idea of government as jury duty has rarely been enacted, but the theoretical arguments for the idea were interesting enough to inspire the framers to try it. The possibility that any citizen can become a lawmaker has had profoundly positive psychological and social impacts, even though the actual duma in practice has not usually been the driving force in legislative matters—and, yes, sometimes has been a circus, and always has a (refreshing) feel of unprofessionalism. But combined with the economic autonomy enjoyed by the ordinary person, this tangible sensation of self-government has raised the concept of citizenship to new heights of responsibility, and given people a stronger sense of the collective that has always existed.

2.1.1  A seven-member executive council is derived from the Swiss system. The aim is to depersonalize the executive functions of government, without rendering them inoperative by giving them over to an entire congressional-sized body. Though political fighting among the council membership is inevitable, votes quickly decide arguments and then the executive branch has decided on a course of action. This is not much different than a council of advisers influencing a single executive. But it does remove the tendency to personalize politics, to demonize or valorize individuals when really, in this particular realm of social life, it is policy that matters. The method has worked well in Switzerland, where many well-educated citizens do not know who their president is, but know where they stand on all issues current in the Swiss polity. And the same has proved to be true on Mars.

2.1.2  The Australian ballot system is required so often in the constitution because the framers became convinced that it encourages “reaching to the Other” by candidates. Voters vote for at least three candidates, placing them first second third and so on, and their first choice gets more points in a weighted system. Candidates are thus encouraged to seek second- and third-place votes from voters outside their own constituency, whatever it might be. On Earth this has worked very well in fractured electorates, healing some profound divisions over time, and given the polyglot nature of Martian society, the framers decided it was appropriate for Mars as well.

3.1.3  The splitting of the global judiciary into two branches was questioned at the constitutional congress, but in the end it was decided that so many questions of environmental law lay at the heart of the Martian experience, that it deserved a special body devoted specifically to regulating that function. People at the time argued that the constitutional court was vestigial and redundant, which has not really proven to be true, as its caseload is always filled with significant problems for Martian society. People also argued that the environmental court would, because of the artificial nature of the Martian biosphere itself, become the most powerful political body on Mars. This has indeed been a much more accurate prediction, and it could be argued that Martian history since the constitution has been the story of how the environmental court has integrated its tremendous power into the rest of social life. But this is not necessarily a bad kind of history to have.

3.2.2  Legislating atmospheric pressure has made the Martian constitution the butt of many jokes, but the Grand Gesture, as it was called, to red considerations, is what allowed the constitution to be completed in the first place. And it does no harm to remind people that the environment on Mars is to a certain extent a matter of human choice. This has been true on Earth as well for almost two centuries, but only since the Great Flood has it been a truth generally acknowledged.

3.3.1  This provision attempts to chart the difficult course between local autonomy and global justice. It is the paradox of a free and tolerant society that in order for it to work, intolerance cannot be tolerated. The two injunctions “people can govern themselves” and “no one can oppress another person” must exist as a living contradiction or dynamic tension.

In practice, local laws that violate the Martian spirit of justice (as detailed in the constitution) have stuck out like sore thumbs.